Stephen M. Reilly | Attorney

"The attorneys at Sally & Fitch take the same fundamental approach to every matter we handle. We begin with a substantive mastery of the governing law. We then establish command of the facts of the particular case. By thinking rigorously and creatively about both the law and the facts at issue, we achieve consistently outstanding results for our clients."

Prior to joining Sally & Fitch LLP in January, 1995, Steve Reilly had been with the Boston law firm of Hale and Dorr, where he became a junior partner in the litigation department in 1994. Steve graduated cum laude from Harvard Law School in 1989. He earned his undergraduate degree summa cum laude in 1986 from Middlebury College, where he was elected to Phi Beta Kappa. Since 2004, Law & Politics has recognized Steve as a Massachusetts Super Lawyer in its annual list published in Boston Magazine. Only 5% of the lawyers in Massachusetts are awarded that designation.

At Sally & Fitch LLP, Steve's practice has focused on general commercial litigation, with particular emphasis on the defense of banks and other financial institutions in tort and contract matters, the defense of electric utilities in complex liability cases, and real estate litigation. Among other clients, Steve has represented Bank of America, Fleet National Bank, the National Grid family of companies (including Massachusetts Electric Company and Granite State Electric Company), Boston Edison Company, Union Camp Chemicals, Ltd., and Walsh Construction Company.

Steve has in particular defended banks and financial institutions in many check fraud cases.  For instance, on July 23, 2009, the Massachusetts Appeals Court issued a decision in Grassi Design Group, Inc., et al. v. Bank of America, N.A., et al., 74 Mass. App. Ct. 456 (2009), affirming the Superior Court's entry of summary judgment in favor Bank of America ("BOA") in a complex check fraud action. Steve represented BOA in both the Superior Court and the Appeals Court. The recent Grassi decision is significant because it marks the first instance in which an appellate court in Massachusetts has ruled on the "same wrongdoer" rule set forth in Uniform Commercial Code ("UCC") section 4-406(d)(2) -- a key defense to many check fraud claims. The Appeals Court also made it clear that, in a check fraud case such as this, the customer bears the burden of proving that the defendant bank did not exercise "ordinary care" as that term is specifically defined in UCC section 3-103(a)(7).

Steve has appeared in both state and federal trial and appellate courts in Massachusetts. He has represented clients before the Massachusetts Commission Against Discrimination, and in connection with investigations by the Federal Trade Commission and the Occupational Safety & Health Administration.

Steve is the author of Creating a Discovery Plan which appears as Chapter 3 of Massachusetts Discovery Practice (MCLE, Inc. 2002). Portions of that article were re-printed in a leading civil procedure textbook: Subrin, Minow, Brodin and Main, Civil Procedure: Doctrine, Practice, and Context 2nd Ed. (Aspen Publishers, 2004). Steve is also the co-author of Preparing To Take A Deposition, which appears as Chapter 3 of the Massachusetts Deposition Practice Manual, 2nd Ed., 1st Supplement (MCLE, Inc. 2008). He has lectured as a Massachusetts Continuing Legal Education faculty panelist on multiple occasions. Steve is admitted to practice in Massachusetts and the District of Columbia, and is a member of the bars of the United States Court of Appeals for the First Circuit and the United States District Court for the District of Massachusetts. He has near native fluency in French.