COMMERCIAL DISPUTES

Jeff has over 25 years’ experience prosecuting and defending claims arising under a broad range of commercial agreements, including engineering and construction contracts, commercial real estate and equipment leases, shareholder agreements, insurance policies and professional services contracts. Like most litigators with big-firm backgrounds, Jeff has successfully resolved dozens of cases outside of the courtroom through negotiation and mediation. Unlike most, he also has successfully tried cases to judges, juries and arbitrators in connection with disputes across New England and around the world.

Jeff’s most recent federal court trial involved commodities shipments and financing agreements among parties on three different continents. Trying the case by himself against two opposing law firms, Jeff won a complete defense victory for his Massachusetts-based client.

In addition to resolving contract-based disputes, Jeff has represented private companies responding to government investigations and False Claims Act proceedings relating to billing practices, broker compensation and product performance. All of these claims were dismissed or settled favorably. 

Representative engagements: Worked with the board of a Brazilian energy company following a major industrial accident at a 484 MW plant in Parana, Brazil that caused over $30 million in direct damages and threatened hundreds of millions of additional damage as a result of regulatory penalties. Led the owner's international legal and engineering team in an ICC arbitration proceeding against the project’s engineering, procurement and construction (EPC) contractor, helping persuade regulators to eliminate virtually all regulatory damages. The team then defeated the EPC contractor’s attempt to derail the arbitration proceedings in the United States courts. Jeff's efforts -- including recruiting industry support from a consortium of Brazilian energy producers and transmitters -- led to a widely-reported court decision returning the dispute to arbitration, where the client reached a favorable settlement.

Representative presentation: Co-Chair, "Beyond the Boilerplate: Strategic Considerations on Drafting Arbitration Clauses," Boston Bar Association (Boston, 2015).

CONSTRUCTION & INFRASTRUCTURE

The former Co-chair of Foley Hoag's Construction & Infrastructure practice group, Jeff has negotiated contracts, leases and joint venture agreements for clients pursuing large projects around the world, including dormitory renovation, retail expansion and public infrastructure development. He also has prosecuted and defended delay and cost overrun claims involving projects such as power plants, solar power arrays, museums, airport terminals, drilling rigs, underground storage tank facilities, marine drilling, and office buildings. Jeff is particularly experienced with helping to bring troubled projects to completion.

Jeff advises public agencies and private clients on compliance with procurement regulations. Among other engagements, he developed and implemented a 50-state program supporting a manufacturer’s sales operations relating to public school construction projects. Legal challenges decreased dramatically and the promotional materials Jeff and the client created have remained in service for over ten years.

Representative engagement: Led the combined project completion and dispute resolution effort for Route 3 North, a 21-mile Massachusetts state highway. Resolved over $100 million of claims and closed out longstanding construction, operations and maintenance issues.

Representative professional involvement:  Member, ConsensusDocs 300 (Integrated Project Delivery) Revision Committee.

GENERAL COUNSEL AND BUSINESS SERVICES

An experienced generalist, Jeff regularly advises clients on liability, insurance and other risks relating to new commercial agreements, projects and product launches. As outside general counsel, he advises small to medium businesses (SMBs) on a full range of legal and strategic issues, including corporate governance and risk reduction. He regularly leads in-house training sessions for client leadership and staff on contract review and legal compliance. Drawing on his extensive network of professional contracts, Jeff also helps recruit and supervise outside other legal specialists as needed.

Representative engagement: For the past decade, Jeff has served as outside general counsel for Medicus Economics, LLC, a health care economics consulting firm. Jeff regularly negotiates nondisclosure, client service and data use agreements for Medicus. He also collaborates with company leadership on critcal legal and strategic matters, and has helped Medicus locate and work efficiently with specialists in areas such as immigration and corporate formation.

Representative presentation: “Arbitration and Indemnification Clauses in Construction and Energy Contracts,” CLE-accredited presentation to GDF Suez NA (Houston, 2014).

CLEAN & CONVENTIONAL ENERGY

Representative engagements:

• Secured a complete defense verdict for the owner of New England's largest coal-fired power plant after a 3-week trial over the installation of environmental controls.

• Represented a Portuguese solar developer and its U.S. subsidiary in legal proceedings and surety negotiations relating to projects in the Northeastern and Southwestern United States. Jeff secured summary judgment for the parent company on all pass-through liability claims.

• Advised a U.S. generating company on contract and liability issues arising out of maintenance and steam supply agreements for a major urban power plant.

Representative presentation: “Large Turbogenerator Stator Winding Failure,” Sixth International Conference on Engineering Failure Analysis (Lisbon, Portugal, 2014).