Representative Matters

  • Assisted prospective redeveloper of a former barrel reconditioning facility with evaluation of environmental risks and quantification of necessary cleanup costs.  Identified appropriate purchase terms and incentives under state law to offset potential liabilities associated with future property ownership.
  • Successfully challenged denial of $698,000 Massachusetts brownfields tax credit through certiorari action on behalf of a developer of a former oil storage facility for commercial/residential use.
  • Obtained high six-figure recovery of response costs under M.G.L. c. 21E from former owner of a solvent-contaminated property on behalf of non-profit community health center.
  • As local counsel to a national hotel chain redeveloping a former wire mill property, negotiated allocation of environmental risk and drafted related documents on behalf of purchaser, and served as liaison between Massachusetts DEP and seller regarding scope of remedial measures during construction and the implementation of post-construction activity and use limitations.
  • Assisted a developer with environmental due diligence and subsequent formation of an LLC in which another member was to contribute impacted property for mixed use development. Drafted terms of the Operating Agreement to define LLC members’ obligations for existing conditions during future development.
  • Oversaw $1.1 million cleanup of gasoline contamination of sole-source aquifer on behalf of former gasoline station owner and operator. Hired and oversaw consultants and remediation contractors, communicated with statewide media and public officials, secured financial benefits of state’s underground storage tank cleanup fund, and negotiated settlement with Office of the Attorney General and Massachusetts DEP to resolve $270,000 penalty claim.
  • Successfully challenged EPA volumetric ranking and secured Superfund de minimis status for a fiberboard manufacturer as part of a $7.8 million multi-party settlement for the closure of a landfill. Synthesized and presented extensive manufacturing process data that demonstrated client’s minimal contribution of hazardous substances to site.
  • Advised municipal officials on potential environmental compliance issues raised by purchase of former industrial property for open space and recreation.
  • Represented a non-profit organization seeking to come into voluntary compliance with state solid waste disposal site closure requirements.
  • Achieved high six-figure mediated settlement on behalf of homeowners whose groundwater and indoor air had been contaminated by a neighboring chemical recycling facility. Claims included property damage, emotional distress and response costs under M.G.L. c. 21E. Extensively reviewed and commented on site investigations and remedial measures. Advocated to the Massachusetts DEP for scientifically defensible, timely and protective cleanup measures.

Firm Highlights

Event

Dan Sonneborn to Present at Trucking Industry Defense Association 2023 Cargo Seminar

Preti Flaherty attorney Dan Sonneborn will be a speaker at the Trucking Industry Defense Association (TIDA) 2023 Cargo Seminar in Phoenix, Arizona, presenting on the topic of defending cargo claims concerning perishable goods and the Food...

Publication

Pre-Session Legislative Update

LD 3 “An Act to Establish the Winter Energy Relief Payment Program to Aid Residents with High Heating Costs and to Finalize the COVID Pandemic Relief Payment Program” After Governor Mills’ heating and housing...

Press Coverage

Court Rules Portland Rents Are Public Information, Not Trade Secrets

Rental information is public information and not protected from public record requests under the Maine Trade Secrets Act, according to a recent ruling by Justice Thomas R. McKeon of the Maine Business and Consumer Court. The...

Publication

FTC Proposes New Rule Impacting Legality of Non-Compete Agreements

Background Over the last several years, non-compete agreements, which prevent workers from joining a competitor or starting a competing business for a time after separating from employment, have become less common as states enact...

Publication

President Biden Signs Speak Out Act

On December 7, 2022, President Biden signed the "Speak Out Act" which became effective that day. The Act prohibits the enforcement of blanket non-disclosure and non-disparagement clauses that are entered into before any allegation...

News

Preti Flaherty Announces Attorneys Kristy Abraham and Mariana Baron Promoted to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named two new partners: Kristy Abraham and Mariana Baron. Both attorneys stand out as distinguished practitioners in the field of corporate law and...

News

Preti Flaherty Continues Year of Remarkable Growth with Addition of Five New Attorneys

Preti Flaherty is pleased to announce the arrival of five new Associates to the firm: Scott A. DeLong, Christopher S. Knight, Kijana Plenderleith, Harper A. Weissburg, and Joshua D. Williams. In our Portland, Maine, office...

News

Attorney Erin K. Naylon Joins Preti Flaherty’s Corporate and M&A Practice Group

Preti Flaherty is pleased to announce that attorney Erin K. Naylon has joined the firm’s Corporate and M&A Practice Group, working in the Portland, Maine office. Erin is a graduate of Brooklyn Law School...

Publication

Committee Assignments

Committee assignments for the 131st Maine State Legislature have been made public. This article from the Bangor Daily News mentions some of the most interesting choices made by Senate President Jackson and Speaker Rachel...

Event

Dan Sonneborn to Present Webinar on Carmack Amendment Defenses for the Transportation Lawyers Association

On Tuesday, February 28, 2023, Preti Flaherty Attorney Dan Sonneborn will present the webinar "The Best Offense… Is a Good Defense? Using Exceptions to Swallow the Rule: The Nuts and Bolts of Carmack Amendment...