Jonathan M. Albano
Jonathan M. Albano focuses his practice primarily on commercial, media, and appellate litigation. He has tried to completion jury trials, bench trials, and arbitrations and has argued more than 40 appeals. Jon’s commercial litigation work includes representing private and public companies and financial institutions in multimillion-dollar litigation claims. He has tried and obtained favorable results for clients in contract disputes, libel, purchase price adjustment, and complex construction claims.
Jon also represents newspapers, entertainment and news broadcasters, publishers, universities, nonprofit organizations, and individuals in cases involving a variety of constitutional issues, including free speech rights, the public’s right of access to information, and privacy, defamation, and equal protection claims. He is a contributing author to the Survey of Privacy and Related Claims Against the Media, the Massachusetts Tort Handbook, and the Massachusetts Journalists’ Court and Legal Handbook and is a member of the New England Newspaper Hall of Fame.
Jon is a Fellow of the American College of Trial Lawyers and a past president of the Boston Bar Association. He is listed in Chambers USA: America’s Leading Lawyers for Business for General Commercial Litigation and First Amendment Litigation.
Before joining Morgan Lewis, Jon was a partner in general commercial litigation and intellectual property practices at another international law firm.
Commercial Matters and Reported Cases
- Kelly v. Waters, 94 Mass. App. Ct. 1122 (2019) — Affirming dismissal of fraud in the inducement and unfair business practices claims
- Hiam v. HomeAway.com, Inc., 887 F.3d 542 (1st Cir. 2018) — Affirming summary judgment in favor of travel website dismissing fraud and unfair business practices claims
- Genereux v. Raytheon Company, 754 F. 3d 51 (1st Cir. 2014) — Affirming summary judgment dismissing medical monitoring putative class action
- Employers Reinsurance Co. v. Globe Newspaper Co., 560 F.3d 93 (1st Cir. 2009) — Reversing summary judgment entered against insured under the known loss insurance coverage doctrine
- Synergistic Technology, Inc. v. Putnam Investments, LLC, 74 Mass. App. Ct. 686, 910 N.E.2d 388 (2009) — Reversing judgment holding company liable for compensatory and punitive damages for hiring consultant known to be subject to non-competition agreement with plaintiff
- Frate v. Jordan’s Furniture, Inc., 74 Mass. App. Ct. 1126, 909 N.E.2d 1193, 2009 WL 2145867 (2009) — Holding that promotion offering rebate of the price of furniture purchased if Red Sox won World Series was not an illegal lottery
- Eigerman v. Putnam Investments, Inc., 450 Mass. 281, 877 N.E.2d 1258 (2007), vacating 66 Mass. App. Ct. 222, 846 N.E.2d 418 (2006) — Ordering dismissal of breach of contract and covenant of good faith and fair dealing claims arising out of employee stock plan
- Raytheon v. AES Red Oak, 831 N.Y.S.2d 54, 2007 WL 582801 (New York Supreme Ct. 2005), affirming 2005 WL 4256945 (New York Supplement 2005) — Affirming dismissal on the pleadings of counterclaims for fraudulent inducement arising from settlement agreement
- Atlantic City Electric v. RC Cape May Holdings, LLC — Tried to completion arbitration involving purchase price adjustment under contract for sale of power plant
- Raytheon Company v. Exelon Mystic Development LLC — Tried to completion arbitration on behalf of construction surety seeking multimillion-dollar change order relief
- Washington Group Int’l v. Raytheon Company — Represented defendants in $600 million purchase price adjustment claim under contract for sale of engineering and construction business tried before independent panel of accountants
- Otis Eastern Service, Inc. v. Raytheon Engineers & Constructors, Inc., 15 F. Supp.2d 318 (W.D.N.Y. 1998) — Construing lien waiver as condition precedent to retainage payment
- Raytheon-Catalytic, Inc. v. Gulf Chemical Corp., 959 F. Supp. 100 (D.P.R. 1997) — Evidentiary hearing resulting in prejudgment remedies in action for breach of settlement of construction dispute
- All Seasons Services, Inc. v. Commissioner of Health & Hospitals of Boston, 416 Mass. 269, 620 N.E.2d 778 (1993) — Construing Massachusetts unfair and deceptive business practices in claim involving nonprofit organization
- KES Brockton, Inc. v. Department of Public Utilities, 416 Mass. 158, 618 N.E.2d 1352 (1993) — Addressing standing of seller of electricity to challenge regulatory decision involving regulated electric utility
- Penta v. Concord Auto Auction, Inc., 24 Mass. App. Ct. 635, 511 N.E.2d 642 (1987) — Action for specific performance of sale of real estate and business involving nominee trust
First Amendment, Media, and Constitutional Cases
- Isaly v. Garde, 216 A.D.3d 594, 190 N.Y.S.3d 321 (N.Y. First Dep’t. 2023) — Affirming dismissal of libel claims against reporter
- Blankenship v. NBCUniversal, LLC, 60 F.4th 744, 755 (4th Cir. 2023) — Affirming dismissal of political candidate’s libel case
- Isaly v. Boston Globe Media Partners LLC, No. 21-1330-CV, 2022 WL 121283 (2d Cir. Jan. 13, 2022)
- Wolsfelt v. Gloucester Times, 98 Mass. App. Ct. 321, 155 N.E.3d 737 (2020) — Affirming dismissal of libel case against newspaper
- Boston Globe Media Partners, LLC v. Dep't of Crim. Just. Info. Servs., 484 Mass. 279, 140 N.E.3d 923 (2020) — Affirming judgment in public records litigation
- Boston Globe Media Partners, LLC v. Chief Just. of Trial Ct., 483 Mass. 80, 130 N.E.3d 742 (2019) — Establishing rules for recording and record-keeping of show- cause hearings
- Commonwealth v. Chism, 476 Mass. 171, 65 N.E.3d 1171 (2017) — Establishing public right of access to evidence admitted in suppression hearings
- Commonwealth. v. Fujita, 470 Mass. 484, 23 N.E.3d 882 (2015) — Establishing public right of access to jury lists in criminal cases
- Stemberg v. Stemberg, Norfolk Probate Court (2012) — Obtained previously sealed testimony of Presidential candidate Mitt Romney
- United States v. Bulger, 2012 U.S. Dist. LEXIS 98770 (D. Mass. 2012) — Modifying protective order to permit public disclosure of discovery in organized crime figure’s prosecution
- In re Globe Newspaper Co., 461 Mass. 113 (2011) — Establishing rules for public access to inquest reports
- Riley v. Enterprise, Plymouth Superior Court No.05-00841 (Feb. 9, 2010) — Jury verdict in favor of newspaper and editors in public official libel case
- Howell v. Enterprise Publishing LLC, 455 Mass. 641, 920 N.E.2d 1 (2010) — Holding that fair report privilege protects articles concerning confidential government hearings even if based on confidential news sources
- Rosado v. Bridgeport Roman Catholic Diocesan Corp., 292 Conn. 1, 970 A.2d 656 (2009) — Ordering disclosure of sealed records of clergy sex abuse cases
- In re Grand Jury Investigation, Hampshire CR. NO. 08-065 (Mass. Super. Ct. 2009) — Quashing subpoena calling for reporter to testify before a grand jury on the grounds that reporter’s interest in maintaining confidential sources outweighed the interests underlying the grand jury’s investigation
- Mazetis v. Enterprise Publishing LLC, No. 04-00326-A (Mass. Super. Ct. 2009) — Granting judgment notwithstanding the verdict in public official defamation case
- World Wide Video, Inc. v. Yoko Ono Lennon, 2009 U.S. Dist. LEXIS 100999; 92 U.S.P.Q.2D (BNA) 1050 (D. Mass. 2009) — Judgment on the pleadings in favor of Yoko Ono on copyright ownership of 1970 film of John Lennon and Ono
- Peter Damon v. Michael Moore, 520 F.3d 98 (1st Cir. 2008) — Affirming dismissal of defamation claims brought by Iraq War veteran based on film Fahrenheit 9/11
- In re Subpoena to Michael Witzel, 531 F.3d 113 (1st Cir. 2008) — Affirming order protecting Harvard faculty member from subpoena seeking discovery of confidential academic communications
- Mazetis v. Enterprise Publishing Co., 2007 WL 1247134, 22 Mass. L. Rep. 380 (Mass. Super. Ct. 2007) — Holding court officers are public officials for actual malice purposes
- Sullivan v. CBS Corp., 06-11949-PBS (D. Mass. 2006) — Rejecting third-party candidate’s claims under First Amendment and Federal Communications Act based on exclusion from televised debate
- Amrak Productions, Inc. v. Morton, 410 F.3d 69 (1st Cir. 2005) — Affirming dismissal of libel claims brought against Time Inc., St. Martin’s Press, and Andrew Morton arising out of celebrity biography
- In re Gitto Global Corp., 422 F.3d 1 (1st Cir. 2005) — Recognizing public’s right of access to bankruptcy examiner’s investigatory report
- Rosado v. Bridgeport Roman Catholic Diocesan Corp., 276 Conn. 168, 884 A.2d 981 (2005) — Recognizing right of The New York Times, The Boston Globe and The Washington Post to intervene in sex abuse cases after settlement to seek public access to case records
- Columbus v. Boston Globe (Mass. Superior Ct. 2005) — Obtained jury verdict in favor of The Boston Globe on claims for libel and emotional distress
- Republican Co. v. Appeals Court, 442 Mass. 218, 812 N.E.2d 887 (2004) — Granting public access to search warrant materials in controversial murder investigation
- In re Special Proceedings, 373 F.3d 37 (1st Cir. 2004) — Represented television news reporter in contempt appeal involving confidential news source
- Globe Newspaper Co. v. District Attorney for Middle District, 439 Mass. 374, 788 N.E.2d 513 (2004) — Recognizing right of public to access docket numbers of public corruption cases
- Vondra v. Crown Publishing Co., 61 Mass. App. Ct. 1116, 810 N.E.2d 1291 (2004) — Affirming summary judgment for book publisher on libel and privacy claims
- Yohe v. Nugent, 321 F.3d 35 (1st Cir. 2003) — Affirming summary judgment for libel defendants based on fair report privilege
- Mourad v. Globe Newspaper Co., 60 Mass. App. Ct. 1106, 799 N.E.2d 606 (2003) — Affirming summary judgment for libel defendant on opinion, defamatory content and fair report grounds
- Howard v. Antilla, 294 F.3d 244 (1st Cir. 2002) — Reversing a $480,000 false light invasion of privacy verdict arising out of a New York Times article based on lack of clear and convincing evidence of actual malice
- United States v. Connolly, 204 F. Supp 2d 138 (D. Mass. 2002) — Holding that reporters subpoenaed to testify at criminal trial had First Amendment right to attend trial despite sequestration order
- Zisk v. Boston Globe, 54 Mass. App. Ct. 1117, 767 N.E.2d 1135 (2002) — Affirming dismissal of privacy and defamation claims
- Globe Newspaper Co. v. Clerk of Suffolk Superior Court, 2002 WL 202464 (Mass. Superior Ct. 2002) — Granting motion to terminate impoundment orders and allow public access to court records of sex abuse claims filed against clergy members
- Howell v. Worcester Polytechnic Institute, Civ. No. 02-2056 (Mass. Super. Ct. 2002) — Rejecting state law claims of breach of contract and violation of civil rights by candidate excluded from televised debate
- Stein v. Boston Globe , Civ. No. 02-4100-J (Mass. Super. Ct. 2002) — Rejecting claims brought under Massachusetts Finance Campaign Law by candidates excluded from televised debate
- Leary v. Geoghan, No. 99-0371 (Mass. Superior Ct. 2001), aff’d, 2001 WL 1902391 (Mass. App. Ct. 2001) — Requiring the public filing of discovery materials in sexual abuse cases filed against the Boston Archdiocese
- National Association of Government Employees v. BUCI Television, Inc., 118 F.Supp.2d 126 (D. Mass. 2000) — Granting summary judgment in defendant’s favor on copyright and libel claims
- Britton v. Nealon, 2000 WL 1460073 (Mass. Super. Ct. 2000) — Granting summary judgment to libel defendant
- Robinson v. Globe Newspaper Co., 26 F.Supp.2d 195 (D. Maine 1998) — Granting summary judgment to libel defendants based on plaintiff’s prior guilty plea in criminal case
- In re Michael Cusumano, et al., 162 F.3d 708 (1st Cir. 1998) — Ruling that First Amendment interests protected authors from a subpoena of their research notes for use in antitrust action against Microsoft
- Boston Police Superior Officers Federation v. City of Boston, 147 F.3d 13 (1st Cir. 1998) — Granting summary judgment dismissing equal protection claim
- Friedman v. Israel Labour Party, 957 F.Supp. 701 (E.D. Pa. 1997) — Granting summary judgment to libel defendant based on privilege to report official acts of foreign governments
- Friedman v. Globe Newspaper Co., 38 Mass. App. Ct. 923, 646 N.E.2d 159 (1995) — Affirming dismissal of libel complaint as sanction for failure to comply with court orders
- Globe Newspaper Co. v. Police Comm’r of Boston, 419 Mass. 852, 648 N.E.2d 419 (1995) — Holding that records of controversial police internal affairs investigation were public records under state law
- United States v. Three Juveniles, 61 F.3d 86 (1st Cir. 1995) — Recognizing statutory, but not constitutional, right of access to federal juvenile delinquency proceedings
- Lyons v. Globe Newspaper Co., 415 Mass. 258, 612 N.E.2d 1158 (1993) — Reversing trial court’s denial of summary judgment in libel case and holding that the Massachusetts Constitution provides protections independent of the First Amendment for expressions of opinion
- Sanchez v. Affiliated Publications, 1993 WL 818736, 22 Media L. Rep. 1188 (Mass. Superior Ct. 1993) — Dismissing invasion of privacy claim arising out of identification of juvenile rape victim
- Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 973 F.2d 18 (1st Cir. 1992) — Affirming rulings on standing and ripeness issues
- Stuart v. Roache, 951 F.2d 446 (1st Cir. 1991) — Affirming equal protection ruling
- Globe Newspaper Co. v. Pokaski, 868 F.2d 497, 16 Media L. Rep. 1385 (1st Cir. 1989) — Recognizing First Amendment right of access to the records of criminal proceedings involving acquitted defendants
- Massachusetts Bay Transp. Authority v. Local 589, Amalgamated Transit, 406 Mass. 36, 546 N.E.2d 135 (1989) — Affirming standing and mootness rulings
- Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 780 F.2d 5 (1st Cir. 1985) — Addressing right to intervene to challenge consent decree
- Deveraux v. Geary, 765 F.2d 268 (1st Cir. 1985) — Applying standard for modification of consent decree
- Boston College Law School, 1982, J.D., magna cum laude
- Boston College, 1979, B.A., magna cum laude
- Massachusetts
- Massachusetts Supreme Judicial Court
- US District Court for the District of Massachusetts
- Supreme Court of the United States
Lifetime Achievement Award, New England Legal Awards (2023)
Band 1, Litigation: General Commercial, Massachusetts, Chambers USA (2010–2025)
Ranked, First Amendment Litigation, Nationwide, Chambers USA (2007–2009, 2012–2025)
Recognized, Benchmark Litigation Star (2017, 2018)
Listed, The Best Lawyers in America, Lawyer of the Year, Litigation – First Amendment, Boston (2023, 2025)
Listed, The Best Lawyers in America, Litigation – First Amendment, Boston (1995–2026)
Listed, The Best Lawyers in America, Media Law, Boston (1995–2026)
Listed, The Best Lawyers in America, First Amendment Law, Boston (1995–2026)
Listed, The Best Lawyers in America, Commercial Litigation, Boston (2019–2026)
Listed, The Best Lawyers in America, Lawyer of the Year, First Amendment Law, Boston (2013)
Top Lawyer, Boston Magazine (2021, 2022)
Recognized, First Amendment Law, Media Law and Advertising Law, New England Super Lawyers (2011–2012)
Recognized, Massachusetts Super Lawyers (2004–2012)
Recognized, Cross-Border Competition and Leniency Handbook (2012)
The Power List, Massachusetts Lawyers Weekly (2009)
Appointed to ad hoc advisory committee, Massachusetts Supreme Court (2008)
Lawyer of the Year, Massachusetts Lawyers Weekly (2008)
Fellow, American College of Trial Lawyers
Member, American Bar Association
Past President, Boston Bar Association
Member, Massachusetts Bar Association
Member, Boston Bar Foundation Board of Trustees
Advisory Board, Center for Community and Ethnic Media, City University of New York (CUNY) Graduate School of Journalism
Member, Governing Committee, ABA Media Law Forum
Executive Editor, Boston College Law Review (1981–1982)
