Patrick Massari, Assistant Vice President

Patrick J. Massari works in the areas of strategic litigation and investigative lawyering regarding the administrative state and executive agency overregulation. He came to Cause of Action Institute in 2012 with nearly 30 years of experience as a trial lawyer, including 15 years as a solo practitioner in Washington. In 2001, Patrick secured a victory for his client in Blake v. Prof’l Travel Corp., when the D.C. Court of Appeals reversed a decision of the Superior Court granting dismissal under a forum non conveniens theory. Patrick served as trial counsel in the 1992 consolidated asbestos litigation in Baltimore, and brings a wealth of first chair trial experience in complex litigation.
Patrick received a Bachelor of Arts in English from Georgetown University, and also graduated from Georgetown Law School.

Patrick is currently lead counsel in FTC v. D-Link Systems, Inc. & D-Link Corp., in the U.S. District Court for the Northern District of California.  In the D-Link case, the Federal Trade Commission is alleging under §§ 13(b) and 5(a) of the FTC Act that defendants failed to take reasonable steps to secure the routers and Internet-protocol cameras they designed, marketed, and sold to United States consumers.  FTC has alleged no consumer victims, and no actual substantial harm or likely substantial harm.

Patrick was also co-counsel in the LabMD matter regarding medical data security  before the Federal Trade Commission. He also served as co-counsel in Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015), where Cause of Action prevailed in a precedential case before the D.C. Circuit on the issue of FOIA fee waiver determinations.

A native of Tampa, Florida, Patrick saw first-hand the benefits of liberty and free market principles. His paternal grandparents Andrew and Lilly Massari immigrated to America from Santo Stefano Quisquina in the early twentieth century, entering like many others through Ellis Island. Mr. Massari eventually settled in Tampa, and started his entrepreneurial career in Ybor City as a cigar roller, and eventually owned a grocery store. In 1946, he co-founded the Central Bank of Tampa providing loans to other newly arrived entrepreneurs who were just starting new businesses and could not get credit elsewhere. Patrick’s father, Dr. Frank A. Massari, Sr., is a retired physician and Air Force veteran who attended Saint Louis University and served in the Korean War, then returned to practice internal medicine in Tampa for 45 years. His mother, Rose T. Massari (nee McDevitt) was the daughter of Irish immigrants who settled in Philadelphia. Like many others who came to Tampa to pursue the American ideal, the names of Patrick’s immediate family and relatives appear within the memorial to immigrant families in Ybor City’s Centennial Park.

Reported Cases
In the Matter of LabMD, Inc., a corporation, No. 9357, 2016 FTC LEXIS 21 (F.T.C. Feb. 5, 2016)
In the Matter of LabMD, Inc., a corporation, No. 9357, 2015 FTC LEXIS 272 (F.T.C. Nov. 13, 2015)
Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015)
Cause of Action v. Nat’l Archives & Records Admin., 753 F.3d 210 (D.C. Cir. 2014)
Daily Caller v. United States Dep’t of State, Civil Action No. 15-1777 (BAH), 2015 U.S. Dist. LEXIS 175441 (D.D.C. Dec. 8, 2015)
Dean v. Kraft Foods N. Am., Inc., Civ. Action No. 02-8609, 2007 U.S. Dist. LEXIS 16911 (E.D. Pa. Feb. 5, 2007)
Braxton v. Domino’s Pizza LLC, Civ. Action No. RDB 06-1191, 2006 U.S. Dist. LEXIS 92902 (D. Md. Dec. 21, 2006)
Hill v. PeopleSoft USA, Inc., 412 F.3d 540 (4th Cir. 2005)
Tomsene Blake v. Professsional Travel Corp., 768 A.2d 568 (D.C. 2001)
Keene Corp. v. Levin, 623 A.2d 662 (Md. 1993)
Seites v. McGinley, 578 A.2d 840 (Md. App. 1990)

Bar Admissions:
Supreme Court of the United States of America

United States Court of Appeals for the District of Columbia Circuit

United States Court of Appeals for the First Circuit

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Eleventh Circuit

United States District Court for the District of Columbia

United States District Court for the District of Maryland

Court of Appeals of Maryland – Maryland Bar

District of Columbia Court of Appeals – District of Columbia Bar