Family Law

• Divorce
• Child Custody and Visitation
  Can Parents Contractually Select the Forum for A Custody Dispute? Can Parents Contractually Select the Forum for A Custody Dispute? Where a custody dispute will be litigated can be a critical concern when voluntarily entering into an agreement regarding custody of children. Child custody issues can be further complicated when dealing with laws across state or country lines.
• Adoption
• Guardianship
  Jason serves as general and special counsel to hospitals, long-term care facilities, home health and hospice organizations, physician practices, individual practitioners, and mental health counselors. He advises healthcare clients on regulatory, compliance, patient care, credentialing, corporate, licensure, government investigations, employment and other issues. In his outside counsel role, he advises on patient care and risk management issues such as the drafting, design and implementation of patient safety plans, peer review procedures, patient care policies, facility operation and compliance policies, and medical staff bylaws.  He routinely reviews guardianship matters, powers of attorney, HIPAA and/or state privacy law issues, and credentialing matters.
• Spousal Support
  Furthermore, Kristin assists clients relative to divorce, separation, child custody disputes, adoptions, and other domestic matters. She has successfully mediated several divorces for client with various types of family legal matters including custody, parenting plans, support, alimony, and asset division.

Criminal Law

• Criminal Defense
  Prior to joining the firm, John served as an Assistant Public Defender.  At RCF&P, John continues to provide the firm’s clients with immediate access to an experienced criminal defense lawyer should the need arise.
• DUI/DWI
  Most of the criminal cases that John has handled for the firm’s clients have resulted in either outright dismissals or filings, which is a very favorable outcome for the client.  Most recently John secured a very favorable plea bargain for a client involved in a fatal hit and run accident and a separate dismissal of a DUI charge and accompanying Refusal to Submit to a Chemical Test charge.
• Wrongful Death
  Newsletter August 2015 Welcome to the Roberts, Carroll, Feldstein and Peirce Newsletter. In This Issue: Electronic Medical Records: Standard of Care? (Part 1), Pauline R. Hall v. Rita Shiff, et al. – Affirmation of Kelvey v. Coughlin Decision Allows Broader Inquiry into Opinions of Experts, It’s a small world; but that’s not grounds for disqualification, Rhode Island Superior Court decision clarifies the Rhode Island Wrongful Death Statute - Work product privilege applied
• Embezzlement
  In the spring of 2011, successfully defended an accountant in a lengthy jury trial in which the plaintiff claimed that he lost his business because of an employee's embezzlement and had suffered millions of dollars in damages as a result.
• Internet Crimes
  The firm’s Intellectual Property team helps clients navigate the complex maze of issues arising out of internet law, the identification, protection and exploitation of trade secrets, copyrights and trademarks and the purchase, sale and licensing of intellectual property. Our attorneys assist clients by identifying sources of intellectual property and establishing systems that safeguard it. Our attorneys also develop agreements between clients and their employees regarding the disclosure and protection of ideas. In addition, our attorneys pursue infringement and other actions to enforce rights to intellectual property.
• Hit and Run

Business and Corporate Law

• Corporate Law
  Philip R. Primeau joins RCFP as an attorney in the firm’s commercial lending and business/corporate law practice groups. He focuses on negotiating, structuring, diligencing and documenting term, revolving and construction loans collateralized by real estate and business assets. Other areas of secured lending expertise include interest rate swaps and London Interbank Offered Rate to Bloomberg Short-Term Bank Yield Index/Secured Overnight Financing Rate transitions.
• Mergers and Acquisitions
• Business Disputes
  In addition to labor and employment matters, James represents clients in business disputes and other litigation matters.  He also undertakes much of the firm’s appellate practice and regularly appears before the Rhode Island Supreme Court and the First Circuit Court of Appeals.
• Business Transactions
  For over 40 years, the attorneys on our Commercial Lending team have represented virtually every financial institution conducting commercial transactions in Rhode Island and southeastern Massachusetts, with special emphasis on real estate financing, asset based lending, acquisition loans and construction lending. Our attorneys also serve as loan counsel to businesses of all sizes and individuals who require financing for their various needs and endeavors.
• Limited Liability Companies
  Assisted several high net worth families in overseeing the execution and administration of qualified personal residence trusts, limited liability companies, and other gift mechanisms in order to pass ownership of vacation homes to the next generation.
• Intellectual Property
  In addition, Jason advises the firm’s clients regarding intellectual property issues, privacy law challenges and electronic commerce.  His work as appellate counsel includes successful argument before the Rhode Island Supreme Court in a case that established the state’s first Police Civilian Review Board and a leading case regarding expert evidentiary issues in the Federal Court of Appeals for the First Circuit.

Employment Law

• Workers Compensation
  : Benefits coverage for injuries and disabilities arising from incidents at home or another location comes into question. Businesses should review their workers compensation coverage, state labor laws and court interpretations of those laws to determine how to handle claims and liability protection.
• Employment Discrimination
  Employment Discrimination Update 2010 – Religious Discrimination in the Workplace – Accommodating Employees’ Religious Views, Presentation to RI Bar Association Annual Meeting, June 2010
• Employment Contract
  Roberts Carroll Feldstein & Peirce's labor and employment team provides our clients with the practical solutions they need, when they need them. We advise our clients of their rights and responsibilities so they can avoid the expense and aggravation of litigation. We review handbooks and employment contracts and counsel clients on everything from day to day matters to major changes in operations. Because there are some problems that no amount of care and counseling can fix, we are also tenacious and innovative litigators. We have handled hundreds of labor arbitration matters, wage and hour claims and employment discrimination cases and prevailed in the vast majority of them.
• Employment Litigation
  Recent Rhode Island State Court Decisions related to Labor and Employment Issues with John Breguet, St. Peter & Kasle, URI Labor and Employment Conference, May 2010 New FMLA regulations necessitate review of FMLA policies and procedures, RCFP Employment Law Bulletin, July 2009
• Severance Agreement
  James helps clients with all facets of labor and employment law.  His practice ranges from counseling clients on day to day personnel matters, drafting employee handbooks and non-competition agreements, negotiating severance agreements, to assisting them with major challenges, such as collective bargaining negotiations, reductions in force and outsourcing.

Property Law

• Real Estate Litigation
  Richard M. Peirce joined the firm in 1973 after serving for two years as law clerk to the Chief Justice of the Rhode Island Supreme Court. During his career, he has gained a broad range of experience handling both litigation and transactional matters in the areas of labor and employment, commercial and corporate transactions and real estate law. He served for several years as legal counsel to the Capitol Center Commission, which regulates development in the Downtown Providence Capitol Center Special Development District, which includes the State’s most significant retail, office and residential development.
• Premises Liability
• Construction Litigation
• Real Estate Transactions
  Patrick’s practice primarily focuses upon representing financial institutions and owners of real estate in banking, finance, and corporate transactional matters. He has represented clients in Rhode Island, Massachusetts, and New Hampshire, advising them in real estate transactions, and litigating disputes to title to real property. Patrick also represents creditors in bankruptcy and receivership proceedings in Rhode Island and Massachusetts. He has appeared on behalf of landlords and tenants throughout New England, and has experience handling civil litigation from intake through appeal.
• Easement
• Land Use and Zoning
  Mr. Primeau also deals with a range of business and corporate matters from commercial zoning and land use to the resolution of mechanics' liens, and offers insight into questions of privacy and confidentiality as a certified information privacy professional.
• Landlord-Tenant Disputes
  Represented the buyer in the acquisition of student housing complexes throughout the country and the development of leases that complied with each locality’s landlord tenant statutes.
• Condominium Law
  Marc’s legal practice primarily focuses on real estate and business transactions, whether representing the buyer, seller or lender in the transaction.  Marc also assists his clients with condominium conversions, zoning and land use matters, establishing various corporate entities, and also represents a number of Rhode Island’s best family owned and operated restaurants and food trucks.

Health Law

• Personal Injury
  Beyond professional malpractice defense, David’s vast trial experience also includes anti-trust, products liability, personal injury and libel/slander matters.
• Medical Malpractice
  Roberts, Carroll, Feldstein & Peirce’s Professional Malpractice Defense Team is the largest and most successful in Rhode Island and Southeastern Massachusetts. Our lawyers have tried and prevailed in more medical malpractice jury trials than any other firm in the area. Doctors, long term care facilities, practice groups, hospitals and other professionals facing professional negligence claims turn to our team because of its experience and results with the knowledge that our attorneys will provide them with the most robust and resourceful defense possible.

Trusts and Estates

• Estate Planning
  John also has extensive experience in civil litigation; including insurance defense, actions for declaratory judgments, and appeals to the Rhode Island Supreme Court and the U.S. First Circuit Court of Appeals.  He also provides clients with assistance preparing wills, trusts, estate planning and probate litigation.
• Wills
• Trusts
  Prepared special needs trust for parents of developmentally disabled child to ensure that the state would not count trust property as resources of the child rendering him/her ineligible for Medicaid benefits.
• Power of Attorney
  Karen focuses her practice on estate planning and probate, real estate and family law. Her experience includes preparation of estate plans for individuals, including wills, trusts and powers of attorney. Additionally, she handles probate of estates, estate planning for families, using co-ownership agreements, trusts and other estate planning tools to ensure the smooth and orderly disposition of property in the event of death or termination of the family relationship. Karen also represents buyers and sellers of residential properties, condominium associations as well as landlords and tenants in real estate matters. In addition, she handles matters relating to guardianship and probate litigation, including the representation of estates.  Furthermore, Karen is experienced in handling many family law matters, such as divorce, custody disputes and post-divorce issues.
• Probate

Finance Law

• Bankruptcy
  Secured the dismissal of a Chapter 11 Bankruptcy petition, on behalf of a secured creditor, after an evidentiary hearing determining that the debtor’s plan of reorganization was not feasible.
• Foreclosure
  We offer a breadth of knowledge and experience in matters of restructuring, workout, foreclosure, receivership, and bankruptcy collection and debtor and creditor rights. We also provide commercial litigation services. Our experienced and aggressive litigators bring a long and successful history and protect our client’s interests.
• Tax Law
  In estate matters, Ed assists clients in tax planning and implementing their estate planning objectives.  He also is named as fiduciary for many clients in connection with their estate plans.