Private counsel and consulting
information architecture — trials and appeals — policy research and development
455 Washington Street No 3., Duxbury MA 02331 +1 (781) 285-5000Exemplars
Constitutional
Briefing the U.S. Supreme Court on constitutional sovereign immunity as applicable to arms of state in maritime actions
Fifth Amendment right to remain silent analysis in police officer misconduct investigation
Counsel to public school on applicability of constitutional search and seizure law for the institution of a breathalyzer test at school functions
Federal appeal on constitutional issues attendant to Department of Labor rulings and conflicting workers’ comp precedents
Constitutional litigation treating public teachers’ union contract renewal during fiscal crisis
Appellate
Briefing federal appeals court on ownership of artifacts recovered from shipwreck Titanic
Defense of national and international law firms against claims for malpractice and breaches of fiduciary duties, including novel, precedent-setting theories won before the Louisiana Supreme Court (e.g., fn.5, p.13)
Appellate review of substantial tort liabilities for abuse of process and invasion of privacy on multiple grounds
Family
Complex international divorce with substantial offshore assets and conglomerate business interests
Equitable reformation of domestic separation agreement based on mutual mistake and judicial estoppel
Divorce with four children, significant assets, second family support, and overturning DCF findings of neglect
Defense of contempt action on school choice and funding with contemporaneous child support modification
Divorce with five children, DCF involvement, diverse assets, and long-term periodic/gross alimony dispute
Amicable divorce mediation with three children, multiple properties with in-law tenancies, and competency/fitness issues
Custody dispute regarding child born out of marriage, competency/fitness issues, and GAL involvement
Divorce with one child, one child from prior marriage, and QDRO of public pension and annuity
Chapter 119, § 39D grandparents' visitation rights involving DCF and competency/fitness
Trust reformation to segregate benefits owed to disabled sibling from benefits owed to other siblings, including qualification for state benefits
Real Estate
Declaratory action and trial of Chapter 140, § 32R right of first refusal case involving manufactured housing community and substantial media presence
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
G.L. c. 61A 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
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
Art/Media
Establishment of nonprofit entity managing the theatrical rights of an Academy Award winning film
Drafting of technical production contract for art exhibition in major New York City museum, including extensive protections for highly controversial content
Counsel fine artist with piece permanently acquired for lobby of 7 World Trade Center (New York City) on creative independent contractor agreements
Negotiation and drafting of licensing agreement with a major media production company and Fortune 10 subsidiary
Corporate/Commercial
Negotiation and drafting of 20,000 sf commercial lease in Brooklyn NY
Drafting of profit-sharing compensation agreement for company executives, including designing formulaic computations drawing on the IRC
Obtaining of permission from the MA Division of Banks to use the prohibited word “trust” in a newly established corporate entity
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
Corporate nonprofit start-up qualification, documentation and drafting, including IRS 1023, document retention, conflict of interest, and whistleblower policies
Labor/Employment
Injunctive relief for employer under non-disclosure agreement with former employee asserting counterclaims for discrimination and wrongful termination
Sexual harassment investigations and company-wide interviews in hostile work environment case that was favorably settled
Defense of state legal agency in employment discrimination matter concerning age and association, with extensive e-discovery utilizing custom coded metadata queries
Representation of city in union ERISA withdrawal litigation, including drafting of complaint for declaratory and injunctive relief
Representation of retrocessionaire in Department of Labor workers’ comp suit involving insolvent reinsurer and state guaranty entity
Drafting of public employment legislation for state senate finance committee
Personal Injury
Six-figure settlement of medical negligence action against largest healthcare provider in a New England jurisdiction
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
Environmental
Litigating the post-Katrina levee, flood and environmental catastrophes in New Orleans, and a broad array of matters proceeding through governmental systems disrupted to their cores
Monitoring of water testing on behalf of client sued for toxic leaching across commercial property lines, with motion in limine for suppression of improperly obtained evidence
Schools
Development and drafting of arguments for disposition of $250M in school property casualty proceeds due on losses caused by Hurricane Katrina
Regulatory contestation on behalf of charter school blocked from proceeding before the MA Board of Elementary and Secondary Education
Affiliations
Education
Harvard University (Policy)
Emory University (Law)
Providence College (Philosophy)
Teaching
Harvard Law School (Litigation)
Harvard College (Advising)
Phillips Academy, Andover (Law)
Cardigan Mtn. School (English)
Fellowship
Harvard Kennedy School (Center for Public Leadership)
Harvard Kennedy School (Center for State and Local Government)
Harvard Graduate School of Education (Program on Education Policy and Governance)
Licensure
Massachusetts
New York
Connecticut
Rhode Island
Louisiana
Mass. CPCS (Court Appointed — Children and Family Law Division)
Mass. G.L. c. 233, § 23C Qualified Mediator
Organizations
American Bar Association
Massachusetts Bar Association
Boston Bar Association
Plymouth Bar Association
Massachusetts Council on Family Mediation
National Council on Family Relations