Firm Practice Areas

Labor and Employment

Employment is among the most expansive, complex and mercurial areas of the law, with ever-changing federal and state statutes, local ordinances and regulations, and new judicial decisions affecting the workplace on a constant basis. Practitioners must be abreast of and vigilant as to these changes, maintaining a deep understanding of the underlying laws and decisions and how they affect both our clients and the counsel we provide. Firm attorneys recognize that every employment case is unique, and utilize a triage approach to identify a client’s goals, resources, and ideal resolution. Firm attorneys then work to develop a strategy designed to achieve maximum results in the timeliest fashion. In some circumstances, an early settlement is advisable, in others a judicial verdict is recommended (and all points in between). Alternative dispute resolution, such as mediation or arbitration, is often the best and most cost-effective approach.

When litigation becomes necessary, firm attorneys are aggressive, with the benefit of years of experience prosecuting and defending claims in state and federal court, as well as in administrative tribunals such as those of the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, the Division of Unemployment Assistance, the Industrial Accidents Board, and the Occupational Safety and Health Administration. Firm attorneys are versed in claims involving wrongful discharge, sexual harassment, discrimination (age, gender, handicap, national origin, and sexual orientation), breach of contract, enforcement of non-competition and non-solicitation agreements, as well as violations of the following state and federal statutes:

  • The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.
  • Title VII of the Civil Rights Act of 1964
  • Sections 1981 through 1988 of Title 42 of the United States Code
  • The Employee Retirement Income Security Act of 1974 (“ERISA”)
  • The Immigration Reform and Control Act
  • The Family Medical Leave Act
  • The National Labor Relations Act
  • The Civil Rights Act of 1991
  • The Equal Pay Act of 1963
  • The Americans with Disabilities Act of 1990
  • The Workers Adjustment and Retraining Notification Act
  • The Fair Credit Reporting Act
  • The Massachusetts Law Against Discrimination, G.L. c. 151B
  • The Massachusetts Privacy Statute, G.L. c. 214, § 1B
  • The Massachusetts Wage Payment Statute, G.L. c. 149, § 148 et seq.
  • The Massachusetts Consumer Protection Act, G.L. c. 93A
  • The Massachusetts Civil Rights Act, G.L. c. 12, § 11
  • The Massachusetts Equal Rights Act, G.L. c. 93
  • The Massachusetts Healthcare Providers Protection Act, G.L. c. 149, § 187

Civil Litigation

Firm attorneys have extensive experience litigating claims in a number of civil practice areas, from federal civil rights violations to complex personal injury/wrongful death claims to toxic tort litigation.  In all litigation, preparation is paramount, and our skilled practitioners are adept at ensuring every claim is ready for trial through aggressive and thorough pre-trial discovery.  At multiple stages of our preparation, cases are assessed and re-assessed by committees of firm attorneys to gauge the prospects for and advisability of settlement.  Our clients are indispensable partners in this process, with due consideration afforded their expectations, goals and financial resources.  Where appropriate, firm attorneys are committed to the use of alternative dispute resolution (mediation and arbitration) to settle disputes. 

Firm attorneys have achieved favorable results in a variety of jurisdictions, as well as in administrative forums such as the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the Financial Industry Regulatory Authority (formerly National Association of Securities Dealers).  Firm attorneys have handled cases involving:

  • Civil Rights Violations
  • Personal Injury
  • Wrongful Death
  • Medical Malpractice
  • Premises Liability
  • Products Liability
  • Toxic Torts
  • Insurance Coverage Claims
  • Subrogation Claims

Commercial Litigation

Firm attorneys have litigated disputes involving a wide variety of commercial matters.  We bring a wealth of knowledge and experience to these complex commercial and business disputes that allow our clients to resolve claims strategically and aggressively.  Our first commitment is to the client – assigning matters to a team of attorneys positioned to effectively analyze business disputes and design a litigation plan consistent with client goals and resources.  Firm attorneys have administered claims in the following areas:

  • General Business Litigation
  • Contract Disputes
  • Trademark Infringement Claims
  • Shareholder Disputes
  • Securities Litigation
  • Breach of Fiduciary Duty Claims
  • Real Estate Quiet Title Claims
  • Real Estate Litigation and Title Insurance Claims
  • Non-competition and Non-solicitation Agreements
  • Securities Transactions
  • Intellectual property concerns
  • Environmental Claims
  • Regulatory Actions
  • Bankruptcy Proceedings
  • Construction Claims

Personal Injury Litigation

Personal injury law (also known as tort law) covers multiple legal disciplines, all of which have the commonality of an injury suffered on account of another party’s actions or inactions.  Claims may arise in a variety of circumstances, including motor vehicle accidents, construction site mishaps, property flaws, medical malpractice, wrongful death and product defects.  Under each of these circumstances, a claimant must demonstrate that another party was culpable, and that wrongful action or inaction caused the injury suffered.  Experience is critical in meeting these evidentiary burdens.

An injury can occur in an instant.  And such instantaneous, traumatic event can disrupt one’s life, devastate health, interrupt earnings, and result in permanent disabilities, which in turn may adversely affect quality of life.  Accidents rarely “happen;” usually, some set of circumstances causes the accident.   For example, one may have failed to pay attention, or failed to act in a situation where action would have avoided or prevented injury.  Whatever the situation, firm attorneys are dedicated to determining liability to judicial standards, and ensuring all liable parties are held accountable to the fullest extent of damages.

The claim/litigation process can be daunting and confusing.  Firm attorneys possess years of comprehensive experience litigating personal injury claims, having represented both claimants and insurance companies in disputed personal injury claims of all types.  Our knowledge of the “system” from both perspectives is extremely advantageous.   Throughout claims and litigation processes, firm attorneys handle all aspects of the case, and are available to respond to client questions and needs. 

Personal injury cases are typically prosecuted on a “contingency fee” basis.  Under a contingency fee arrangement, the client does not pay for our firm’s legal services unless and until money is recovered.  Firm attorneys have successfully litigated cases involving:

  • Traumatic Brain Injury
  • Catastrophic Injury
  • Construction Site Accidents
  • Construction Site Defects
  • Dog Bites
  • Elevator Accidents
  • Escalator Injuries
  • Medical Malpractice
  • Dental Malpractice
  • Dram Shop (Liquor) Liability
  • Motor Vehicle Defects
  • Motor Vehicle Accidents
  • Motorcycle Accidents
  • Negligent Security
  • Pedestrian Accidents
  • Pharmacy and Medication Errors
  • Premises Liability
  • Products Liability
  • Property Defects
  • Slip and Fall Accidents
  • Snow and Ice Accidents
  • Toxic Torts
  • Truck Accidents
  • Workers’ Compensation
  • Wrongful Death

Corporate/Business Law

Firm attorneys have considerable experience counseling small, mid-sized and large businesses in a range of corporate needs.  Our counsel ranges from entity formation and the drafting of by-law, partnership and operating agreements, to assisting clients with sophisticated mergers and acquisitions or asset sales.  Firm attorneys provide ongoing legal advice to our corporate clients to assist them with both external concerns (such as licensing, intellectual property and third-party contracting) and internal matters (such as employee contracts, non-solicitation and non-competition agreements, shareholder agreements, stock options).  Firm attorneys have extensive experience with the following matters:

  • Business Asset Purchases
  • Entity Formation
  • Mergers & Acquisitions
  • Leveraged Buyouts
  • Executive Pay Plans
  • Non-Competition/Non-Solicitation Agreements
  • Shareholder Agreements
  • Stock Option Plans
  • Licensing Agreements
  • Securities Law Compliance
  • Due Diligence
  • Environmental Compliance
  • Real Property and Asset Based Finance

Banking, Foreclosure and Workouts

We recognize the need for attention to detail, the importance of responding quickly to client requests, and the extent to which our clients rely upon us to provide advice and counsel that is based upon the facts, the law, and our clients’ needs. Those principles provide the basis for our Banking, Foreclosures and Workouts department. Our attorneys have represented lenders in a wide variety of commercial and residential workouts, including in litigation, pre-suit settlements, and bankruptcy proceedings, as well as in foreclosures. We bring significant experience and an acute awareness of the potential volatility inherent in workouts, which allows us to quickly, accurately and efficiently analyze the appropriate steps required to achieve our clients’ goals. In this closely scrutinized and highly regulated area of the law, we pride ourselves in delivering superior services to clients when they need it most.

Residential Real Estate

Firm attorneys have represented developers, investors, lenders, mortgagors, realtors, landlords and tenants in all areas of residential real estate law.  Through the administration of thousands of residential purchases and refinances, loan modifications, forbearances and restructurings, and foreclosures, firm attorneys have gained a breadth of experience in all aspects of residential real estate law and the Real Estate Settlement Practices Act (“RESPA”), as well as ancillary matters such as contract law, probate, tax, corporations, trusts, condominiums, UCC secured transactions, foreclosures and bankruptcy.  In today’s heightened state and federal regulatory environment and increased underwriting scrutiny, compliance issues have become critical, and the expertise firm attorneys possess is extremely valuable.  Firm attorneys are particularly skilled at handling:

  • Purchase and Sale Agreements
  • Mortgage Financing and Refinancing
  • New Construction
  • Land Use and Zoning
  • Easements and Restrictive Covenants
  • Construction Financing
  • Boundary and Title Disputes
  • Title Insurance Claims and Quiet Title Actions
  • Licensing and Permitting
  • Wetlands and Environmental Issues
  • Mechanic’s Liens
  • Leasing and Assignments
  • Mortgage Modifications
  • Condemnation and Eminent Domain
  • Tax Abatements
  • Short Sales
  • Foreclosures

Commercial Real Estate

The firm has several seasoned attorneys in its Commercial Real Estate and Finance Practice Group, and prides itself on its depth of sophisticated experience in handling transactions of all sizes and complexities.  In addition to Massachusetts, attorneys in the firm have handled significant transactions across the United States, including Maine, Rhode Island, New Hampshire, Connecticut, New York, Florida, North Carolina, Michigan, Ohio and Indiana.  The firm represents local and national lenders, mortgage brokers, private lenders, private investors, individuals, and companies in its practice and also has the benefit of acting as title agent for several national insurers which provides support to its real estate practice.  Attorneys within the practice group have the requisite experience and ability to handle a wide variety of finance concerns associated with real and personal property, such as title, conveyancing, perfection of mortgage and UCC security interests, financing, construction and floor plan lending, leasing, entity structuring and zoning.  The real estate and finance practice arm of the firm encompasses a number of diverse areas including: 

  • Commercial sales, purchases and refinancings
  • Negotiation of real estate purchase and sale agreements  
  • SBA lending
  • Asset-based lending
  • Construction lending
  • Secured and unsecured commercial loan facilities
  • Commercial lease drafting, negotiations and management issues
  • Commercial evictions
  • Negotiation of easements and other land use matters
  • Workouts, foreclosures and asset liquidations, including addressing attendant bankruptcy issues
  • Acquisition and disposition of loan portfolios
  • Loan participations
  • Intercreditor agreements and negotiations
  • Short sales

Condominium Law

Firm attorneys are experienced in all aspects of condominium conversion, administration and litigation.  Condominium conversion is governed by statute, Massachusetts General Laws Chapter 183A, and firm attorneys are equally adept at converting to condominium two-family homes as multi-unit, multi-phase condominium projects.  Firm attorneys also have extensive experience counseling condominium associations and trustees in a range of administrative matters, including the assertion and defense of condominium rights and obligations under the statute and the condominium organizational documents.  When litigation becomes necessary, firm attorneys draw on their wealth of experience litigating condominium disputes between developers, trustees, associations and unit owners.  The wide spectrum of condominium services firm attorneys have handled include:

  • Condominium Conversions
  • Master Deed and Condominium Trust Drafting
  • Special Assessments
  • Modifications and Amendments
  • Condominium Insurance Claims
  • Lien Enforcement Actions
  • Condominium Litigation
  • Trustee Appointment and Removal
  • Third Party and Vendor Actions

Landlord-Tenant/Property Management

For landlords and tenants, firm attorneys provide counsel on housing matters of all types, from leasing to eviction.  The law governing the landlord-tenant relationship is largely statutory, and a thorough understanding of the governing regulatory provisions and caselaw is paramount.  Firm attorneys have this expertise, advancing and defending summary process (eviction) cases, resolving building code complaints, and litigating security deposit claims in the Superior, District and Housing Courts throughout the Commonwealth.  The firm’s property management cases have included:

  • Rent Claims and Collection
  • Notices of Default
  • Notices to Quit
  • Evictions
  • Board of Health Violations
  • Section 8 Issues
  • Housing Discrimination
  • Lead Paint Claims
  • Asbestos Issues

Estate Planning/Wills and Trusts

Firm attorneys counsel many individuals and families with their estate planning needs, which involves exploring their need or desire for various estate planning devices, such as testamentary trusts, insurance trusts, charitable trusts, education trusts, generation-skipping trusts, Medicaid trusts, living wills, durable powers of attorney and health care proxies.  There are two overriding goals in every estate planning analysis: the minimization of taxes and the achievement of client bequest objectives.  As a threshold exercise, firm members meet with clients and thoroughly examine their assets, living expenses and life expectancy, and discuss their goals.  Following that exercise, firm attorneys explore the various options available and make appropriate recommendations sensitive to their goals, assets and resources.  The firm has an active probate and trusts and estates litigation practices as well, which complement the estate planning practice; documents are drawn in an effort to streamline probate in a cost-efficient manner, and avoid issues that potentially invite challenge or litigation.  These documents include:

  • Wills and Trusts
  • Health Care Proxies
  • Durable Powers of Attorney
  • Living Trusts
  • Credit Shelter Trusts
  • Generation-Skipping Trusts
  • Life Insurance Trusts