Matters

Select Representative Matters

Development, research and drafting of arguments for principal brief before the U.S. Supreme Court treating constitutional sovereign immunity as applicable to arms of state in admiralty actions
Drafting of technical production contract for art exhibition in major New York City museum, including extensive protections for highly controversial content
Successful regulatory contestation on behalf of charter school blocked from proceeding before the MA Board of Elementary and Secondary Education
Establishment of nonprofit entity managing the theatrical rights of an Academy Award winning film
Successful defense of national and international law firms against claims for malpractice and breaches of fiduciary duties, including research, development and drafting of novel precedent-setting theories won before the Louisiana Supreme Court
Negotiation and drafting of 20,000 sf commercial lease in Brooklyn NY
Enforcement of a foreign arbitral award through a confirmation by petition in the federal courts
Development and drafting of arguments for disposition of $250M in property casualty proceeds due on losses caused by Hurricane Katrina
Six-figure settlement of medical negligence action against largest healthcare provider in a New England jurisdiction
Research, development and drafting of arguments for federal appellate case treating ownership of artifacts recovered from shipwreck Titanic
Drafting of profit-sharing compensation agreement for company executives, including designing formulaic computations drawing on the IRC
Research, development and drafting of arguments for constitutional litigation treating public teachers’ union contract renewal during fiscal crisis
Representation of municipality in construction litigation, including discovery, depositions, and pre-trial motions leading to favorable settlement
Drafting of public employment legislation for state senate finance committee
Drafting of federal appellate brief on constitutional issues attendant to Department of Labor rulings and conflicting workers’ comp precedents
Drafting of personal injury settlement agreements that comply with federal CMS set-aside standards, including obtaining agency approvals
Research and draft successful motion to dismiss retrocessionaire in Department of Labor workers’ comp suit involving insolvent reinsurer and state guaranty entity
Draft, review and negotiate consulting and independent contractor agreements, and terms of work and intellectual property allocation on behalf of media production firms based in New York City
Preparation of memorandum on liabilities for effects of fracking in PA under federal and state law for national public interest group, including significant on-site document review, retention and analysis
Drafting of non-profit executive compensation protocols and policies that comply with IRS regulatory requirements
Establishment, governance and dissolution of MA, RI, NY, and DE LLCs and corporations, including operating agreements, bylaws, meetings, resolutions, elections/appointments, fiduciary counsel, foreign authorizations, publication requirements, annual reporting, franchise taxation, registered agency, investment/capitalization, distributions, stock transfers, maintenance of corporate veil, etc.
Dissolution of LLC operating as a general partnership, including mutual representation and waivers of conflicts of interest
Management of intellectual property portfolios, including filing trademarks and allocation/reservation/licensing of copyrights among multiple creators and multinational corporations
Obtaining of permission from the MA Division of Banks to use of the prohibited word “trust” in a newly established corporate entity
Sexual harassment investigations and company-wide interviews in hostile work environment case that was favorably settled
Successful interpleader on behalf of insurer divesting itself of proceeds disputed among three parties and an attorney
Negotiation and drafting of licensing agreement with a major media production company and Fortune 10 subsidiary
Bad faith insurance defense and prosecution for multiple clients in a range of cases
Pre-trial motion practice and discovery/depositions regarding an exclusive franchise agreement dispute being arbitrated before the AAA
Successful dismissal of self-storage company sued for breach of contract and discrimination
Defense of specific performance action concerning conveyance and financing of commercial real estate, including prosecution of counterclaims for fraud, stringing, slander of title, and abuse of process

Drafting of cease and desist letter for trademark violation on behalf of a global media brand based in New York City
Monitoring of water testing on behalf of client sued for toxic leaching across commercial property lines, and successful motion in limine for suppression of improperly obtained evidence
Negotiation and drafting of settlement and compromise in a veil piercing contract case proceeding in federal court
Corporate nonprofit start-up qualification, documentation and drafting, including IRS 1023, document retention, conflict of interest, and whistleblower policies
Drafting terms and conditions for social media websites, including privacy policies
Settlement negotiation and drafting of agreements for bad educational and revolving credit debts for individual vis-à-vis university and collection agency
Construction contract drafting and litigation over building standards and architectural/engineering professional negligence
Construction litigation discovery and defense related to failure of hotel fixtures
Counseling to public school on applicability of constitutional search and seizure law for the institution of a breathalyzer test at school functions
Civil suit prosecution against jointly indebted co-tenant for abandonment of lease
Opinion letter drafting for industry-pooled self-insurance organization on regulatory status vis-à-vis state insurance department
Deed drafting and recording for individual and corporate clients on real estate transfers
Trust reformation to segregate benefits owed to disabled sibling from benefits owed to other siblings, including qualification for state benefits
Analysis of implied rescission and substitution of executive employment contract for a private firm
Drafting of Fifth Amendment right to remain silent analysis in police officer misconduct investigation
Research and development of memorandum of understanding for federally protected information sharing between municipal agencies
Vacating of a default judgment on behalf of a university and its insurer in auto accident case
Workers’ compensation representation for reinsurer, including imposition of discovery by physical examination
Consolidation of federal discrimination actions on behalf of private corporation operating nationally
Preparation of UCC securitization filings for fixtures incorporated into a shipping vessel on behalf of a private client
Civil suit prosecution and settlement on claim for redhibition (civil law implied warranty) concerning fraud in a real estate transaction
Drafting of opinion letter treating implied accord and satisfaction under CA law for corporate client seeking large recovery from insurer
Drafting of pre-eviction notices and eviction process management and trials public (federally financed) real estate clients
Representation of city in union ERISA withdrawal litigation, including drafting of complaint for declaratory and injunctive relief
Defense of state legal agency in employment discrimination matter concerning age and association, with extensive e-discovery utilizing custom coded metadata queries
Pre-trial litigation concerning six consolidated cases on municipal land licensing, including dismissal of pending appeals and coordinated catalog of motions in limine, and drafting of settlement agreement for the resolution of all interconnected matters
Successful prosecution of G.L. c. 93A contract dispute under theories of agency and quantum meruit, and a newly devised theory of stringing
Successful prosecution of loss recovery litigation on behalf of online equipment rental company, including design of master loss recovery file for integration with backend web platform to enable efficient extraction of determinative data
Drafting of core customer agreement for internationally operating equipment rental company
Successful defense of creative studio in personal injury suit through liquidation of claim and shift of coverage pursuit to plaintiff via arbitration, and coordinate stipulation of dismissal with prejudice
Develop G.L. c. 61A roadmap on conversion of agricultural land for development in conjunction with strategic procedural approach derived from financial counsel
Prosecution of G.L. c. 40B appeal of comprehensive permit, including leading and defending depositions of developers and public officials, drafting and coordinating discovery program, procuring expert materials, pre-trial motion practice, drafting project settlement agreement, and analysis of agency discretion and interlocking state/local regulatory standards and processes

Media + Arts + Tech

Attributes

I am native to media, arts and tech – as a former touring musician, as one who can and does code, and as a maker fluent in design and multimedia content development (audio, video, photo, graphic, analog, textual). This overlap of niche and background allows me to efficiently and peerlessly integrate legal and creative for clients working in expressive spaces.

Corporate

They are called organizations for good reason. Getting and staying documented, well-papered, compliant, and aligned with pragmatic protocols is prime among best practices. General counsel and correct governance are as important to closely-held companies as they are to those seeking or deploying external funding. There are few investments more sound than a solid foundation.

Contracting

Optimizing a deal requires focussed and technical drafting. What multiple collaborators have in mind when they begin does not automatically manifest when a concept is translated into the physical world. Get ahead of junctures, pivots and transitions. Reflecting on the page what is intended at heart is the ultimate efficiency.

Copyright

There are few disciplines as relevant and fluid as copyright. The media space has enjoyed rapid development over recent decades. Law is not always so quick to follow. Navigating ownership of content is a primary concern for creative enterprises.

Trademark

Impact and impression are salable and demand attention, from protecting to capitalizing. Define your brand, put on a search, definitively document, and enforce with intent – or share, collaborate and cross-pollinate.

Trade Secrets

Assets come in variegated forms – not always capitally quantifiable or neatly captured by intellectual property regimes. But proprietary information can be of principal, or even singular value. Safeguard, manage and leverage such resources prudently and productively.

Licensing

One of the most important tools in the kit of creative profit is the flexibility and extensibility that adept licensing affords. Do it well – do it right.

Regulatory

Interfacing with public agencies is a vastly different experience than cutting deals in the private sector. Conventions, ethics, regulations, policy, and sinuous procedure need not block your path forward. Additionally, the First Amendment was written for you – stand on it.

Litigation

There will almost certainly come a time when dispute crops up and grows entrenched, or rights and obligations are transgressed or ignored. Less talk, more action – bring deft advocacy and mastery of process into play.

Strategic

Creation is nothing if uninspired. Your vocation is to deploy vision and bridge the gap between what is known and unknown, what is possible and impossible. Apply the very same foresight to your company and your career. Chance favors the prepared mind.