Transactions

Claim that my client’s former partners had deceived him in connection with purchase of his partnership interest.  The case settled on favorable terms after the court ruled that a release my client had given was not applicable. 

Claim that my client had entered into a joint venture rather than an employment arrangement.  A jury agreed with my client that there was a joint venture agreement.

Claim that the defendant had failed to properly account to my client in connection with the dissolution of an employment agency.  An arbitrator awarded my client substantial damages.

Claim that the defendants had failed to make required capital contributions to a joint venture.  The court granted my client’s summary judgment motion.

Claim that my client’s chief executive officer performed services for a competitor.  A judge awarded my client substantial damages.

Claim that a judgment debtor had transferred all of its assets to another corporation owned by the same stockholders.  A jury found in my client’s favor and that finding was affirmed on appeal.

Represented billboard companies in connection with licenses, permits and the purchase and sale of billboard assets.

Contracts, Notes, Guarantees

Claim on behalf of an FHA insured lender that a borrower had impliedly agreed to an exclusive arrangement.  A judge entered summary judgment against my client.

Defended against a claim that a promissory note had been orally modified to reduce the interest rate.  A jury found in my client’s favor.

Defended against a claim on a written guarantee on the grounds that the note holder had released some of the collateral.  A judge found against my clients.

Represented a number of companies that lease computer, telephone and other equipment to businesses.  For the most part these cases involve failures to pay rent, failures to return leased equipment and the like.  Other cases that I have handled on behalf of leasing companies include the following.

Claim that an agent failed to use adequate efforts to remarket equipment. An  arbitrator ruled against my client.

Defended against a claim that the lessor had granted the lessee an option to buy the equipment for one dollar at the end of the term.  A jury ruled in my client’s favor.

Defended against a claim that a liquidated damages provision in a lease was unenforceable.  After trial, a judge decided that the clause was unenforceable.  An appeal is pending.

Defended against a claim that a lessee had given notice of termination.  The case settled on favorable terms.

Real Estate Contracts, Leases

Represented a number of commercial landlords and tenants in eviction (summary process) actions.  For the most part these cases involve failures to pay rent and the like.  Often the challenge in these cases is to obtain expeditious relief or to negotiate the terms upon which the tenant will vacate.  On several occasions tenants have defended by declaring bankruptcy and I have had to obtain relief from the automatic stay.

Defended against a claim that a builder had wrongfully terminated a purchase and sale agreement.  The court granted my client summary judgment and the judgment was affirmed on appeal.

Defended against a claim that my client was responsible for consequential damages as a result of its failure to perform its obligations pursuant to a purchase and sale agreement.  A judge entered a directed verdict in favor of my client.

Defended against a claim that my client had breached a purchase and sale agreement by not purchasing property pursuant to a purchase and sale agreement.  A judge found in my client’s favor.

Claim that the defendant was obligated to sell its property to my client who had submitted the highest bid in an auction.  The property was sold to my client at a small premium over the bid price.

Defended against a claim that a mortgage lender had wrongfully refused to consent to the buyout of a lease.  The case settled on favorable terms.

Zoning, Land Use and Title

To challenge the variance given by the City of Boston to a nonprofit organization.  The organization abandoned the variance after the court ruled that my clients had standing.

Defended against a claim that a special permit had been wrongfully granted to a nonconforming property.  The court entered summary judgment in my client’s favor and the judgment was affirmed on appeal.  Defended a planning board against a claim that it had improperly allowed property to be taken by eminent domain.  After a 37 day trial a judge found in the planning board’s favor.

Sought compensation for billboards which had been taken by eminent domain.  Compensation was denied on the grounds that the billboards were personal property.

Appeared on behalf of unit owners in connection with title to condominium land.  The court awarded summary judgment to my clients and the judgment was affirmed on appeal.

Defended against a claim that my client's grantor had previously deeded the property to another.  After trial, the court found in my client’s favor, finding that the previous deed was invalid.

Represented a city challenging plans to construct a new runway at Logan International Airport on environmental grounds.  After trial the court ruled against the city.

First Amendment

Claim that a teacher had been relieved of his duties as a current events teacher because of an assignment that he had given.  The teacher was reinstated to his duties.

Claim that an officer’s free exercise rights were violated when he was forced to leave the military service when he no longer wished to serve as a chaplain.  The officer was reinstated.

Defended against attempt to revoke a billboard company's license on the grounds that revocation would violate the company’s First Amendment rights.  The license was not revoked.

Assisted in writing a brief challenging a special copyright extension granted to the Christian Science Church as a violation of the Establishment Clause.  The copyright was invalidated.

Legal Malpractice

Defended an attorney whose former client claimed that he had negligently advised the client not to settle a case against his disability insurer.  The case was settled.

Claim that my client’s former attorney had negligently failed to file a subchapter S certification with the Internal Revenue Service.  The case settled on favorable terms.

Defended an attorney whose former client claimed that he had negligently advised that certain expenses could be deducted from gross income.  The case settled on favorable terms.

Claim that an attorney had negligently failed to prepare and file tax returns.  A jury found that the attorney was negligent. Served as an expert witness on behalf of two clients in legal malpractice cases.

Tax

Defended a client against a claim that, as a Massachusetts domiciliary, he was obligated to pay Massachusetts income tax.  The Commonwealth dismissed its claim.

Defended a promoter of a tax shelter against an Internal Revenue Service claim that the tax shelter was a sham.  The court found that the tax shelter was not a sham.

Defended a director of a corporation against a claim that he was personally liable for the corporation’s unpaid sales taxes.  The Appellate Tax Board has yet to issue an opinion.

Miscellaneous

Defended against a claim that a trustee had mismanaged trust assets.  The court granted summary judgment in favor of my client.

Defended against a motion to appoint a trustee and oust a debtor in possession.  After trial, the court refused to appoint a trustee.

Claim on behalf of an executor to recover proceeds of property wrongfully sold.  The court granted summary judgment in favor of the executor.

Represented defendants in two death penalty cases.