- Divorce
- Child Support
- Child Custody and Visitation
- Paternity
- Premarital Agreement
- GuardianshipOur client in this case was a son with an elderly mother living in MetroWest who suffered from dementia. The son lived out of state and had discovered that a relative had committed financial abuse by naming himself as the beneficiary of all of the mother’s assets. After we helped our client obtain a guardianship and conservatorship, the son reinstated his mother’s original beneficiaries as she had intended. The son moved his mother out of state with him and used the proceeds from the sale of her home to fund her care.
- Spousal SupportOur client had an complicated executive compensation package that we needed to protect from his soon to be ex-spouse. We were able to classify all aspects of his compensation as income which resulted in a substantially reduced alimony obligation and a substantial tax advantage to our client.
- Wrongful DeathUtility company in negligence/wrongful death action after passenger in motor vehicle was electrocuted upon exiting a vehicle that had struck its utility pole
- FraudComplex securities fraud claims, breach of contract and 93A where investment advisor and his company defrauded investors of millions of dollars.
- EmbezzlementIn a recent matter involving suits pending in probate, superior, and federal district court, we defended against claims that a decedent had embezzled millions of dollars from Medicaid through his employer in an elaborate check-cashing scheme. The situation was complex, involving Medicaid, businesses, creditors, an estate and a whistleblower, but the solution only required the development of a simple argument. We argued at a hearing that based on the facts at issue, only one court had the authority to adjudicate the claims against the estate and that they could be resolved without a trial.
- Money LaunderingWhen the part owner of a business in New England was suspected of money laundering, the federal government went after him hard with a forfeiture petition. We took the time to figure out how our client’s business made money and then sat him down in front of the U.S. Attorney, FBI and the IRS. Our client explained how his business worked, and everybody’s jaw dropped. The matter was resolved favorably for our client.
- Corporate LawWe are counseling our clients on crisis management and legal issues across a multitude of industries and disciplines, including, labor and employment; hotel, restaurant and hospitality; workplace safety and OSHA compliance; corporate governance; supply chain disruptions; force majeure and other contract clauses; privacy and cybersecurity; real estate, construction and landlord/tenant issues; insurance coverage and recovery; bankruptcy; and regulatory compliance.
- Mergers and AcquisitionsBusinesses in all stages of development, from start-ups to companies experiencing rapid growth, to those coping with heavy competition in their mature phases, depend on our corporate team. We partner with our clients on complicated mergers and acquisitions and equity and debt financings, throughout the U.S., Canada, and abroad.
- Business FormationThe private club, hotel and hospitality industries are built upon exceptional customer experience, service and value. Our client teams are committed to delivering the same to our clients. We provide multi-service legal advice and solutions to each client from planning and startup to business formation, operation and winding down – and everything in between. More specifically, our services include...
- Business DisputesBusiness disputes and litigation, including contract disputes, real estate and construction litigation, consumer litigation and general litigation
- Business TransactionsOur broad experience and depth in handling loans, bonds, leases and private investments gives us the background to advise you on your options regarding financing and the structure of commercial transactions.
- Limited Liability CompaniesReal estate company that sought guidance on the appropriate property ownership strategy for its commercial property holdings in light of family ownership of much of the company. We reduced exposure to liability with single asset, single purpose limited liability companies and created a program of ownership transition to the next generation.
- Construction ContractsDeveloper planning to build a retail shopping center. We negotiated the acquisition terms, structured the investment entity, obtained the necessary permits, and negotiated the construction contracts.
- Trade Secrets
- Intellectual PropertyOur intellectual property litigation team can help you protect your intellectual assets domestically (both on a state and federal level) and internationally. Whether we need to agree on a strategic settlement, mediation or try the case in court, we will work with you to provide the best outcome to protect your innovations and competitive market position. Experience
- Unfair CompetitionOur team has vast experience in providing time sensitive, practical and efficient advice on a myriad of workplace issues, such as sexual harassment, discharge, discrimination under the various federal and state anti-discrimination statutes, fraud, whistle-blowing, unfair competition, protection of confidential information and defamation, so that these issues do not mushroom into expensive and burdensome litigation. We also provide due diligence on employment issues pertaining to mergers and acquisitions.
- AntitrustOur government investigations and white collar defense team is poised to handle virtually every area of criminal and regulatory government enforcement, including, but not limited to, tax evasion, securities fraud and insider trading, antitrust violations, environmental crimes, and OSHA violations. The depth of our collective government experience provides us with a strategic understanding of all levels of government prosecutions, as well as enhanced credibility with government attorneys and officials.
- Workers CompensationAdministrative proceedings: Our attorneys represent employers in a wide spectrum of matters before the various administrative agencies that regulate employment, such as the Equal Employment Opportunity Commission, United States Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration and state agencies governing discrimination, unemployment and workers compensation.
- Employment DiscriminationA national telecomm came to us to defend a claim by a former manager before the U.S. District Court for the District of Massachusetts with potential damages in excess of $2 million. The plaintiff alleged our client retaliated against the manager for accusing the company of race discrimination. The race discrimination claims were dismissed at summary judgment and, after a one-week trial and four hours of deliberation, the jury returned a complete defense verdict. The case was appealed to the U.S. Court of Appeals for the First Circuit, where we prevailed again.
- Employment ContractOur compensation practice is expert in the negotiation and drafting of executive employment agreements, stock and other equity incentive plans, and deferred compensation arrangements for both profit-making and nonprofit entities. We seek that sweet spot between tax efficiency and incentives that drive performance — for executive employees.
- Employment LitigationOur employment litigation team has handled cases at every stage of litigation, aiming to achieve the best possible outcome for our clients, whether by early settlement or through trial and appeal.
- Non-compete AgreementTo its chagrin, our client – a construction design/build company – received a cease and desist letter after hiring a competitor’s former employee. We investigated, reviewing the individual’s non-compete clause and developing an argument why it was unenforceable. We negotiated an agreement with the competing company that restricted the new employee from certain, limited projects for a short period of time, which helped the client to devote its full energy toward driving growth in its business rather than getting bogged down in litigation.
- Severance AgreementNegotiated severance agreement for high-level executive at a financial services company, using the leverage of the individual’s allegations of company wrongdoing to secure additional benefits while counseling the client about the time, expense and uncertain outcome of litigation to maintain expectations. People
- Sexual HarassmentOur team regularly conducts and/or offers guidance on internal investigations of allegations of sexual harassment, fraud, or other employee wrongdoing. We routinely conduct and/or supervise high-level investigations of senior executives for boards of directors or their special committees.
- Real Estate LitigationUMass and its affiliates in a variety of leasing and real estate matters related primarily to its Worcester campus and adjacent life science buildings.
- Construction LitigationDevelopers, contractors, subcontractors and designers rely on our construction litigation team to help them through the full range of construction, contracting and administrative disputes. Of course, construction disputes rarely begin with litigation. They are, more commonly, the product of months, if not years, of festering disputes, attendance to contractual provisions and, ultimately, are a product of an extensive project history.
- Real Estate TransactionsClients turn to our real estate development and financing team for all types of sophisticated real estate transactions. We successfully assist clients in the acquisition, financing and development of office parks, shopping centers, industrial complexes, affordable housing, assisted living facilities, facilities of higher education, and residential developments.
- Easement
- Land Use and ZoningA large, regional developer needed to get permit approval to close the acquisition of a site in MetroWest, a former big-box retail facility slated for mixed-use commercial and residential reuse. While there wasn’t a lot of opposition, it was an oddly-shaped site and needed a creative site plan and design. We quarterbacked a team comprising civil, traffic and stormwater engineers and architects to address key issues, such as traffic and pedestrian accommodations. The permit was issued, and the projected has ramped up for construction.
- Condominium LawOur client was a regional bank that had lent to a condominium developer where the project was failing. The borrower went into default and filed for bankruptcy. The borrower thereafter asserted various lender liability claims against the bank. While that suit was pending, the bank moved to lift the automatic stay and at trial won on the valuation issue, leveraged that victory to negotiate a settlement agreement that included a release of all claims against the bank and set an aggressive schedule that the borrower could not meet, causing it to soon default under the settlement agreement, thereby providing the bank with relief from the automatic stay. This was an example of trying the case well and advising the client of the leverage it had obtained to negotiate a favorable agreement that released all claims against it.
- Personal InjuryDefense of claims brought against a municipality for damages and personal injury arising out of the release of gasoline from underground storage tanks. Reported as
- Medicaid PlanningHeyn v. Director of the Office of Medicaid. The brief successfully argued in favor of the use of Irrevocable Income-Only Trusts as a Medicaid planning tool, providing additional flexibility and predictability in long-term care planning for elders across the state. In the future, this case will protect elders when they’ve been unfairly denied Medicaid assistance. People
- Estate PlanningExecuting a trust can be one of the most important estate planning decisions any person or family can make. Funding a trust changes the ownership of assets in a way that allows for ease of management and transfer upon the passing of the person(s) involved in the trust.
- Wills
- TrustsCharitable and nonprofit organizations throughout Massachusetts and the region have sought our counsel and representation for decades. The lawyers on our Nonprofit Industry Team have the close relationships, depth of knowledge and cost consciousness that nonprofit clients demand. Our nonprofit clients include private foundations, colleges and universities, public charities, charitable trusts, cultural, social service, religious and civic welfare organizations, professional groups, trade associations, human services and healthcare institutions.
- Power of AttorneyWhen an elderly woman close to her 100th birthday needed help with estate planning, we discovered that our client was divorced, estranged from her son and had no local family. She had outlived almost everyone she knew and was effectively all alone. After several meetings, the woman named one of our attorneys as her Personal Representative on her will and agent under her Durable Power of Attorney and Health Care Proxy, for operational matters and medical decisions. Acting pro bono, we helped move the woman to a nursing home and managed her assets. After our client died, we planned her funeral and administered her estate. We’re glad she was able to rely on us.
- Probate
- BankruptcySuccessfully defended against attempts to convert or dismiss Chapter 11 bankruptcy case to permit section 363 sale of assets free and clear of liens.
- ForeclosureSuccessfully defended regional bank and staved off RESPA and TILA violations for an alleged wrongful foreclosure and breach of loan modification agreement. Plaintiff also brought claims under Gl. c. 93A. Entered into a confidential settlement that was advantageous to our client.
- Tax LawIn addition to architects, engineers and physicians, our clients include real estate professionals, contractors, consultants, banking and financial advisors, lawyers, accountants, dental and veterinary practice groups and advertising and marketing agencies. Our team’s core experience – business, real estate, litigation, employment and labor, and estate and tax planning – are well suited to address the wide range of legal needs for professional services individuals, partnerships and organizations. Experience