Biography | Beata Shapiro

Beata Shapiro has extensive experience representing national and international entities and individuals in personal injury, wrongful death and property damage claims, as well as emergency response matters. She also advises on and handles matters related to regulatory compliance, administrative actions, acquisitions, contracts, employee guidelines and licensing issues.

Beata has represented clients from 32 states and 7 countries, including all provinces of Canada, helping them achieve their business objectives, minimize exposure, mitigate risk and recover losses. She likewise defends clients in litigation, in many instances securing complete dismissals on motions, defense verdicts or settlements for a fraction of the demand. In addition, Beata’s representation of her clients in litigation has frequently resulted in case law that is positive for her clients, and at times has involved novel and complex issues.

Beata brings to her work a wealth of talent and experience gained from diverse ventures, including study of economics and a Master’s Degree in Business Administration, professional experience in finance and investment, and linguistic skills in Russian, Italian and French.

Beata has published articles and conducted educational seminars for clients and industry organizations on topics ranging from state and federal court procedures to substantive legal issues and litigation strategies for avoiding and defending actions related to catastrophic personal injury, property damage, and strategies for emergency response, regulatory compliance, product liability and insurance coverage.

Areas of Focus

Transportation / Emergency Response
Beata represents transportation and logistics entities and shippers, including public and private motor carriers, ocean carriers and non-vessel operating common carriers (NVOCCs), rail carriers and freight brokers in transactional matters, regulatory issues, licensing, government audits, emergency response, and pre-suit and active litigation involving personal injury, wrongful death, freight charge disputes and cargo claims.

Beata also helps clients prepare shipping and shipping logistics contracts and employment guidelines and data retention policies, and she has represented transportation industry clients in administrative proceedings resulting from federal and state agency fines. Her work in matters requiring emergency response includes liaising with government agencies, experts and adjusters with regard to investigations; evidence gathering and preservation; managing environmental cleanups and assessments; and preparing public statements on behalf of the client.

Product Liability
Beata defends clients against product liability and mass tort actions in a variety of categories, including commercial vehicles and consumer and commercial products. She represents U.S.-based businesses as well as Canadian and other international companies confronting exposures arising from U.S. product liability claims and litigation.

Real Estate / Premises Liability
From transactional real estate to corporate issues and government relations to land use and zoning issues, Beata handles matters that arise from the ownership and management of real property and defends clients in premises liability claims and litigation.

Education

Northeastern University School of Law (J.D., 2004)
- Chair of Jewish Law Students Association and International Law Students Association; research assistant
Northeastern University (M.B.A., 2004)
- Teaching Assistant; Beta Gamma Sigma; studied abroad at Reims School of Management, Reims, France
Boston College (B.A., 2000)
- studied abroad at University of Parma, Italy, and American University of Rome, Italy

Bar Admissions

Connecticut
Massachusetts
New York
Rhode Island
Vermont

Court Admissions

U.S. Court of Appeals, Eleventh Circuit
U.S. Bankruptcy Court, Southern District of New York
U.S. District Court, District of Connecticut
U.S. District Court, Southern District of Illinois
U.S. District Court, District of Massachusetts
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Michigan
U.S. District Court, District of Nebraska
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York
U.S. District Court, Northern District of New York
U.S. District Court, District of Rhode Island
U.S. District Court, District of Vermont
U.S. District Court, Eastern District of Wisconsin

Professional Affiliations

Transportation Lawyers Association, Co-chair of the Freight Claims Committee
Trucking Industry Defense Association, Diversity and Inclusion Committee
Conference of Freight Counsel
Massachusetts Bar Association
New York City Bar Association

Languages

Russian
French
Italian

Beata Shapiro has extensive experience representing national and international entities and individuals in personal injury, wrongful death and property damage claims, as well as emergency response matters. She also advises on and handles matters related to regulatory compliance, administrative actions, acquisitions, contracts, employee guidelines and licensing issues.

Beata has represented clients from 32 states and 7 countries, including all provinces of Canada, helping them achieve their business objectives, minimize exposure, mitigate risk and recover losses. She likewise defends clients in litigation, in many instances securing complete dismissals on motions, defense verdicts or settlements for a fraction of the demand. In addition, Beata’s representation of her clients in litigation has frequently resulted in case law that is positive for her clients, and at times has involved novel and complex issues.

Beata brings to her work a wealth of talent and experience gained from diverse ventures, including study of economics and a Master’s Degree in Business Administration, professional experience in finance and investment, and linguistic skills in Russian, Italian and French.

Beata has published articles and conducted educational seminars for clients and industry organizations on topics ranging from state and federal court procedures to substantive legal issues and litigation strategies for avoiding and defending actions related to catastrophic personal injury, property damage, and strategies for emergency response, regulatory compliance, product liability and insurance coverage.

Attorney Articles

Obstacles at Every Turn: Barriers to Political Participation Faced by Native American Voters

June 4, 2020 - Native American Rights Fund (NARF)

News Briefs

Shapiro Receives Transportation Lawyers Association Distinguished Service Award

May 4, 2023

News Briefs

Valauri and Shapiro Obtain Summary Judgment for Transportation Company in Underinsured Motorist Claim

June 11, 2021

News Briefs

Shapiro and O’Brien Secure Defense Verdict in Product Contamination Case

June 13, 2019

Events

Beata Shapiro has extensive experience representing national and international entities and individuals in personal injury, wrongful death and property damage claims, as well as emergency response matters. She also advises on and handles matters related to regulatory compliance, administrative actions, acquisitions, contracts, employee guidelines and licensing issues.

Beata has represented clients from 32 states and 7 countries, including all provinces of Canada, helping them achieve their business objectives, minimize exposure, mitigate risk and recover losses. She likewise defends clients in litigation, in many instances securing complete dismissals on motions, defense verdicts or settlements for a fraction of the demand. In addition, Beata’s representation of her clients in litigation has frequently resulted in case law that is positive for her clients, and at times has involved novel and complex issues.

Beata brings to her work a wealth of talent and experience gained from diverse ventures, including study of economics and a Master’s Degree in Business Administration, professional experience in finance and investment, and linguistic skills in Russian, Italian and French.

Beata has published articles and conducted educational seminars for clients and industry organizations on topics ranging from state and federal court procedures to substantive legal issues and litigation strategies for avoiding and defending actions related to catastrophic personal injury, property damage, and strategies for emergency response, regulatory compliance, product liability and insurance coverage.

Shapiro & Maher Obtain Summary Judgment in Wrongful Death Case; Claims of Negligent Selection and Vicarious Liability over a Truck Driver

Beata Shapiro (Partner-Boston, MA) and Dennis Maher (Associate-Boston, MA) obtained summary judgment in favor of a client shipping company, resulting in dismissal of claims of negligent selection and vicarious liability over an independent trucking company and its driver, who was involved in a motor vehicle accident resulting in the death of a motorcycle driver. At the time of the accident the truck driver had completed delivery of the shipping company’s cargo and was on his way home in the truck. In granting the motion, the United States District Court for the District of Massachusetts found that any agency relationship or control by the defendant had ended prior to the accident, and that the truck driver was not acting within the scope of any employment or agency relationship when the accident occurred (as asserted by the plaintiff – the Estate of the motorcyclist). Additionally, the court found no evidence that our client was negligent in hiring or supervising the driver as his driving record did not document any accidents and our client had no reason to believe he was unfit to operate the truck. This decision is significant as it reinforces the principle that vicarious liability for the actions of independent contractors or agents does not extend beyond the scope of employment or agency, particularly when the individual is engaged in personal activities after completing work duties. The case provides valuable guidance for logistics contracts and structures.

Beata Shapiro and Dennis M. Maher

Shapiro, Del Gatto, and Kim Obtain Summary Judgment for Commercial Tenant in Trip-and-Fall Case with Proactive Motion Practice

Beata Shapiro (Partner-Boston, MA), Brian Del Gatto (Partner-Phoenix, AZ), and Anne Kim (Associate-Boston, MA) defended a major national commercial tenant in a trip-and-fall case in the Suffolk County Superior Court in Boston. The plaintiff alleged that she fell on a sloped surface in the parking lot of the property after attending a ticketed event hosted by the firm’s client, and asserted claims of negligence and failure to warn. The firm’s client was added as a party to the case after discovery was conducted of the plaintiff and the co-defendants, the property owner, and the general contractor that installed the slope as part of an ongoing construction project at the site. Beata, Brian, and Anne moved for summary judgment as to all claims, before incurring the costs of answering the complaint or participating in discovery, on the grounds that the firm’s client did not have control over the parking lot under the terms of the lease and had no notice of the presence of the slope. Summary judgment was granted as to all claims against the firm’s client, over opposition, and the plaintiff has not appealed within the time permitted. This proactive approach saved the clients time and litigation expense and the possibility of a large damage award.

Beata Shapiro, Brian Del Gatto and Anne V. Kim

Shapiro and Kim Secured Dismissal Based on FAAAA Preemption

Beata Shapiro (Partner-Boston, MA) and Anne Kim (Associate-Boston, MA) obtained dismissal in the Fifteenth Judicial Circuit Court of all claims against Wilson Elser’s client, a shipper of cargo, arising out of a fatal motor vehicle accident in the course of the interstate shipment. The decedent’s estate alleged that the shipper was negligent in arranging for the shipment of goods and vicariously negligent and in a joint venture with the motor carrier involved in the accident. Beata and Anne argued the still-novel theory that all of the tort claims against the shipper were preempted by the Federal Aviation Authorization Administration Act, 49 U.S.C. §§ 14501, et seq. (the FAAAA), despite another Florida state court having recently held that FAAAA preemption does not preempt claims against a freight broker arising in a wrongful death case, and that no Florida court and only two Ohio federal courts and one Wisconsin federal court had previously examined the issue of whether claims against a shipper for personal injury or wrongful death are preempted by the FAAAA. The court granted dismissal, finding the current and majority thinking on FAAAA preemption in general as reflected in the Seventh and Eleventh circuit court decisions to be persuasive authority in favor of preemption and finding that the Ninth Circuit decision finding that the safety exception under FAAAA to save the claims to be incorrect in applying a presumption against preemption and in too broadly applying the safety exception.

Beata Shapiro and Anne V. Kim

Shapiro, Kim and Del Gatto Obtain Dismissal That Expands Case Law on FAAAA Preemption of State Law Claims

Beata Shapiro (Partner-Boston, MA), Anne Kim (Associate-Boston, MA) and Brian Del Gatto (Partner-Phoenix, AZ) obtained dismissal of a suit claiming more than $3 million in damages for theft of a shipment of cell phones in the U.S. District Court, Southern District of Florida based on federal preemption of state law claims under the Federal Aviation Administration Authorization Act (FAAAA), and on the plaintiff's failure to sufficiently plead a breach of contract claim. The decision is particularly significant in that it expands case law on FAAAA preemption to apply to claims against non-brokers and non–motor carriers to any party that is involved in the arrangement for transportation of cargo, such as shippers. Our client had a contract with the shipper to provide warehousing services and occasionally arrange for outbound transportation of its customer’s goods. Our client hired a freight broker to arrange the shipment with a motor carrier, and the broker hired a motor carrier to transport it. That motor carrier hired another motor carrier. The shipment was stolen while in the possession of the second motor carrier. On motion, Beata, Anne and Brian argued that the FAAAA's explicit preemption applies to the negligence claim against our client, even though our client was not a broker or a motor carrier, because such claims would seek to indirectly regulate the prices, routes and services of brokers and motor carriers. The court granted the motion, finding that the negligence claim by the plaintiff seeks to indirectly regulate the prices, routes and services of motor carriers and brokers, and is therefore preempted under FAAAA. In dismissing the breach of contract claim as well, the court determined that the plaintiff cannot merely argue that just because the cargo was stolen, our client must have breached the contract. The court further held that the dismissal was with prejudice and that the plaintiff could not seek to amend the complaint.

Beata Shapiro, Anne V. Kim and Brian Del Gatto