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Practice Areas

•  Construction Law    •  Alcohol Regulatory Law
•  Commercial Litigation    •  Administrative Law
•  Bankruptcy    •  Government and Community Relations

• Tax Credits, Incentives and Grants


 

Construction Law

We provide the full range of services to the construction industry, counseling clients from project inception to project close-out, including all forms of dispute resolution. We represent a range of construction industry clients in both the public and private sectors including general contractors, construction managers, owners, sureties, design professionals, and subcontractors.

Our practice includes structuring project delivery methods and reviewing, structuring, and negotiating construction, design, and construction management contracts; advising clients on risk management and project administration; claim avoidance counseling; public procurement laws and bid protests; construction industry labor and employment issues; OSHA matters; change order management; project close-out management; prosecution and defense of claims; negotiating takeover agreements and tender agreements; and litigation, arbitration, and mediation of construction related disputes. We have extensive federal and state court litigation, arbitration, and mediation experience. We have represented clients in over 15 states and U.S. territories.

Commercial Litigation

 
We represent clients before state and federal courts in a variety of commercial litigation matters. These matters include commercial life science disputes, commercial real estate disputes, commercial health science disputes, commercial lending disputes, commercial bankruptcy disputes, commercial software licensing disputes, and general commercial litigation. In addition, we regularly counsel commercial clients prior to litigation in an effort to attain practical and efficient resolution to disputes without the expense of litigation.

Bankruptcy 

 
We represent and advise creditor clients on bankruptcy matters, including filing proofs of claim, negotiating and resolving claims of liquitating trustees, and litigating matters in adversary proceedings.  We also have experience in the negotiation and drafting of documents in connection with foreclosure actions, loan modifications, forbearance and workout agreements.

Alcohol Regulatory Law

 
If you have enjoyed an adult beverage in Massachusetts, chances are you have been to an establishment where we have worked on their liquor licensing issues. From Internationally-known hotels to "celebrity chef" restaurants, to casual family dining chains and ethnic specialty houses, he has handled all aspects of liquor license applications, hearings, transfers, purchases, sales and violations.

We work with licensees and landlords on management and operation agreements, alcohol liability issues, and lease and contract issues. He also advises alcohol retailers, distributors and manufacturers on all aspects of regulatory compliance with local, state and federal law.

Administrative Law

 
For more than nine years in the Government section at one of the nation's largest law firms, we regularly represent clients before state agencies. We have experience before regulators in the areas of Alcohol, Banking, Campaign Finance, Ethics, Environmental Regulation, Insurance, Public Health, Transportation and Telecommunications. We have handled numerous negotiations of administrative penalties and sanctions, as well as application, licensure and procurement proceedings at local and state agencies.

Government and Community Relations

 
As the former Chief of Staff to the Chair of the State Senate Taxation Committee, the former Deputy Campaign manager in a statewide race for Governor, and as counsel and consultant to more than 50 political and ballot question campaigns, Mr. Upton has a wide range of government and political experience.

He frequently advises clients on the impact of legislative and agency initiatives on their interests, and coordinates briefings and meetings with legislative leaders, cabinet-level appointees and key staff.

Mr. Upton has extensive experience at the grass-roots level and has coordinated numerous community outreach efforts designed to build coalitions of stakeholders, activists and officials in support of real estate development and infrastructure projects.

Tax Credits, Incentives and Grants

We have worked on numerous real estate projects to secure tax credits, incentives and grants for development, retention and relocation. We have participated in the negotiation of incentive packages, as well as community mitigation and linkage programs for national chains and corporate offices. We have worked on community outreach, liaison with local officials, and have represented clients in front of local and state economic development boards and commissions.