Timothy K Cutler

Timothy K. Cutler is a founding partner of CUTLER & WILENSKY LLP.  Attorney Cutler serves as CW's lead trial attorney handling business and employment matters before federal and state court, as well as administrative bodies.  The types of litigation matters handled by Attorney Cutler involve breach of contract, shareholder derivative disputes, partnership, unfair business practices, interference with contractual relations, fraud, commercial defamation, Uniform Commercial Code, non-compete agreements, employment matters, wage and hour issues, wrongful termination, retaliation, sexual harassment, discrimination, independent sales representative claims, duty of loyalty, licensure issues, trade secrets and privacy matters.

Attorney Cutler also oversees and manages CW's transactional department.  He advises and represents clients with respect to transactional matters regarding entity formation and structuring, purchase and sales of businesses, stock transfers, contracts, licensing agreements, distributorship agreements, franchise agreements, trade secrets, non-disclosure agreements, commercial leases, corporate maintenance, employment agreements, trademarks, fiduciary duties of officers and directors, conflict of interests and corporate management issues.

Attorney Cutler has been lead trial counsel on over forty (40) trials and arbitrations as well as ten (10) appeals. Attorney Cutler also routinely handles administrative hearings and mediations. These matters have involved shareholder derivative actions, partnership disputes, breach of fiduciary duties, commercial contracts, unfair business practices, insurance coverage, fraud, conversion, sexual harassment, Family Medical Leave Act (FMLA), employment contracts, non-compete agreements, wage and hour, discrimination, debarment from state contracts, construction, and real estate matters.

Attorney Cutler has tried cases in four (4) states: Massachusetts, California, Connecticut and Maryland. He has also handled litigation for clients in nine (9) other states: Florida, Ohio, New Hampshire, New York, Louisiana, Tennessee, Arizona, Vermont and Virginia.

Prior to founding CUTLER & WILENSKY, LLP, Attorney Cutler was a principal with the firm of Knapp, Petersen & Clarke in Glendale, California, where he was the lead trial Attorney on a variety of complex business, intellectual property, employment, and construction matters. Attorney Cutler also practiced with the international law firm of Morgan, Lewis and Bockius, where he handled litigation matters in the areas of securities, anti-trust, RICO, real estate, construction, consumer protection and contractual disputes.

Prior to entering law, Attorney Cutler was a personnel manager with the Department of Defense where he advised management at the Naval Ship-To-Ship Weapons Engineering Stations on personnel matters, such as staffing, training and disciplinary issues. Attorney Cutler also worked as a special researcher on the causes of the 1980 New Mexico prison uprising, as well as researching and identifying solutions with respect to problematic relations between fraternities at California State University, Fullerton and the surrounding community. While attending the University of New Mexico, Attorney Cutler served as a paid lobbyist on behalf of the student body.

Mediator
Attorney Cutler has served as a court-appointed mediator in California.

Bar Admissions
Massachusetts (1997)
California (1988)
First and Ninth Circuit Courts of Appeals
Federal District Courts (Massachusetts and California: Central, Northern, Southern and Eastern Districts)

Publications
"The League of Women Voters Caught in the Quagmire of a State Action" , 7 Loy. Ent. L.J. 385 (1987)
"Settlement Negotiations in Condominium Defect Disputes", Los Angeles Lawyer, Vol. 19, No. 5 (1996)

Published Opinions
O'Neil v. DaimlerChrysler Corp., 538 F. Supp.2d 304 (D. Mass. 2008)
New England Survey Systems, Inc. v. Department of Industrial Accidents, 89 Mass.App.Ct. 631 (2016)

Abdallah v. Bain Capital LLC, 752 F. 3d 114

ADA Solutions, Inc. v. Meadors, 665 Fed. Appx. 3

Allstate Ins. Co. v. Fougere, 79 F. 4th 172

‍Education
J.D., Loyola Marymount University, Loyola Law School, Los Angeles (1988)(Cum Laude; Order of the Coif; St. Thomas More Law Honor Society; American Jurisprudence Award recipient; Chief Case Note Editor, Entertainment Law Journal)
B.A., Political Science, California State University, Fullerton (1984)

Memberships
Association of Trial Lawyers of America
Greater Boston Chamber of Commerce

Speaking Engagements
A Conflict Resolution Workshop, Harvard Extension Service & Leadership  (Apr. 2012)
Harvard Entrepreneurship Conference 2012, Harvard Extension Business Society(Apr. 2012)
Legal Issues Facing Emerging Companies, 2012 MIT CHIEF  (Sept. 2012)
Judge’s Panel on Pitch to Succeed Entrepreneur Workshop, New England Chinese Information Network Association (NECINA)  (Sept. 2012)
Know Your Rights – Employment and Labor Law, MIT CAST and Boston THAA (May 2013)  
Employment Law Seminar, Asian American Landlord Association (October 2014)

Honorary Positions
Colonel, Aide–de–Camp, for the Governor of New Mexico