Real Estate

• Represented limited partnership that owned an office building in New Haven, Connecticut that had sold the building to its major tenant, a well-known institution.  The tenant had purchased the building pursuant to the right of first refusal in its lease.  Prior to closing the tenant had raised a number of issues that it claimed to constitute breaches of its lease and sought to offset the estimated repair costs against the purchase price.  The parties agreed that the total amount of such claims, which constituted a very substantial percentage of the total purchase price, would be placed in escrow and the parties would then attempt to mediate the tenant’s claims.  The claims were quite complex, requiring structural engineering experts and various other engineering and code expertise.  After a prolonged mediation process that included various expert reports, written submissions by both sides, two formal mediation sessions, further meetings and inspections and additional mediated negotiations, we succeeded in achieving an extremely favorable settlement for our client.

• Represented eight bar associations in a trial which defined what activities in a real estate closing constitute the "practice of law" in Massachusetts. The decision, reported at 13 Massachusetts Law Reporter 633 and at 2001 WL 669280, was selected by the Massachusetts Lawyers Weekly as one of the most significant decisions in 2001.

• Successfully tried declaratory judgment action on behalf of restaurant in dispute with its landlord over its right to extend its lease for an additional 5-year term. The landlord had argued that the restaurant had not satisfied the conditions for extension because of breaches that allegedly existed as of the date of exercise of the option. After trial, briefing and argument, the court issued a judgment declaring that the restaurant had validly exercised its option to extend the lease term.

•  Successfully tried a matter to a jury on behalf of one of the members of a joint venture which had developed real estate in Cambridge. The jury awarded our client more than she had requested in damages.

• Represented landlord seeking to enforce a 15-year lease for a build-to-suit childcare facility and office building for the defendant company.

• Represented joint venture seeking to develop commercial land in Cambridge. Faced with the imminent lapse of the crucial building permit, the Firm devised a strategy that included a counterclaim for declaratory and injunctive relief to obtain a decision that the obligation to build under the permit was stayed pending the appeal. Following trial on bifurcated issues, the parties came together with a modified plan for the development of the site for laboratory and bio-tech space that was quickly approved and implemented.

• Successfully defended owner of large office building against motion for preliminary injunction seeking to halt exterior construction work on building.