Case Studies

Hinckley Allen Helps Deepwater Wind Develop, Finance and Construct the Country's First Offshore Wind Farm

Deepwater Wind's project faced regulatory, environmental, construction, real estate, tax and business issues throughout the implementation of an ambitious vision. Hinckley Allen's multidisciplinary team of seasoned lawyers helped them clear each hurdle by providing sound legal advice and good strategic judgment. After years of review by over 20 local, state and federal agencies, Deepwater Wind attained all of the required permits and approvals to begin installation of the country's first offshore wind farm in the United States. Along the way, Hinckley Allen helped turn back multiple challenges before trial courts and appellate courts.“The …

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Successful defense of multi-national corporation in stock option dispute

David served as counsel for a multi-national corporation sued by a disgruntled employee for failing to pay certain stock option benefits.  Securing dismissal of the case, David convinced the federal court that the employee's claims for breach of contract, breach of the duty of good faith and fair dealing and promissory estoppel had no merit and should not proceed to the discovery phase.

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Successful Prosecution of Energy Companies

Hinckley Allen’s Christopher Carter was successful in his representation of Freedom Logistics, PNE Energy Supply, Resident Power, and Halifax-American Energy Company, based in Auburn and known collectively as the Freedom Companies, in a lawsuit against Maine Companies Electric Supply and Brokerage and its affiliate companies.Freedom sued the Maine Companies for theft of trade secrets and misappropriation of customer contracts and accounts. The Maine Companies conspired with a former employee of Freedom Energy to steal Freedom’s customer lists along with other confidential and proprietary information and then used the information against …

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​Defense of company and two employees in trade secret case

The firm successfully defended two former employees of a large electrical company and their new employer in a trade secret, non-disclosure, and non-compete case. The firm’s work created new precedent relating to the inevitable disclosure doctrine. Neither the employees nor the new employer were restrained from any competitive activity.

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​Defense of employee in non-compete case

Hinckley Allen successfully defeated a motion for an injunction filed by a large staffing company against a former employee who left to work for a competitor. The case involved claims for breach of contract and violation of a non-disclosure agreement.

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​Defeat of Motion for Conditional Class Certification in FLSA class action case

Hinckley Allen successfully defeated a motion for conditional class certification of a class action wage and hour case involving loan processors working for a large financial institution. The Court ruled that plaintiffs failed to satisfy even the lenient standard applied to motions for conditional certification. As a result of the firm’s work, a class was never certified.

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​Successful defense of employee in trade secret case

Hinckley Allen successfully defended a former employee of a large medical device company in a motion for an injunction seeking to bar him from working for a new employer. The firm represented the employee in Massachusetts federal court and successfully defended against the injunction motion, which was based on the alleged theft of trade secrets and the inevitable disclosure doctrine.

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​Defeat of Class Certification in FLSA and State Wage and Hour Case

Hinckley Allen successfully defeated two motions for class certification in a significant wage and hour case pending in federal court. The firm represented a delivery company in a lawsuit brought by two drivers on behalf of themselves and a putative class seeking back wages for various alleged wage and hour violations. The plaintiffs filed both a motion for conditional certification relating to the federal wage and hour claims and a motion for class certification relating to the state law claims. The court denied both motions for class certification.

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Mixed Use Center in Southern Massachusetts

Represent the developer in connection with construction financing, construction, subdivision (including creating the legal foundation for an integrated center covering separate real estate parcels owned by distinct entities), and leasing (including in-line retail and stand-alone ground leases) for a mixed use development.

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Iconic Boston Area Regional Mall

Represent client in a multi-party joint venture for the development of a regional mall, including drafting the LLC Agreement for the joint venture partner as well as the manager entity and the offering documents for the private offering.

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Successful defense of age and disability discrimination claims on appeal

As appellate counsel, David convinced the Rhode Island Supreme Court to affirm summary judgment for a large automobile dealership sued for age and disability discrimination.  When the former employee argued that the trial court had erred in granting summary judgment, David’s brief and oral argument persuaded the Supreme Court that the employer had a legitimate, non-discriminatory reason for terminating the employee and was not required to follow its progressive discipline policy before doing so.  According to the Supreme Court, courts should not sit as super personnel departments, assessing the merits or even the rationality of employers…

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Establishing the economic loss doctrine as a defense in construction cases

David served as counsel for an excavator who was sued for negligence when a construction project resulted in wetlands violations.  David obtained summary judgment for the client, arguing the economic loss doctrine precluded damages for negligence.  The Rhode Island Supreme Court affirmed, accepting David's argument on appeal that the doctrine applied to sophisticated commercial entities in the construction context.

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Counterclaims for Boston Hospital net multi-million dollar judgment

David served as lead trial counsel for a Boston hospital accused by its former parent corporation of failing to pay certain fees under a terminated affiliation agreement.  David pressed counterclaims against the parent for breach of fiduciary duty, gross negligence and misrepresentations during the parent's ownership of the client hospital.  After a three-week trial in federal court, David and his associate Adam Ramos secured a multi-million dollar judgment in the client's favor.  The case was one of the first to establish a hospital network owed fiduciary duties to its member hospitals.

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Successful defense of property owner in contract dispute

Hinckley Allen served as counsel to a commercial property owner that terminated negotiations with a prospective bank seeking to lease the property.  When the bank sued the client claiming there was an enforceable contact, David and his partner Bob Flanders moved for early dismissal of the case.  The Superior Court agreed, ruling that the client was entitled to judgment on the pleadings because there was no binding contact and, in any event, the statue of frauds barred enforcement of the purported agreement.

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Large-scale facilities reposition

Hinckley Allen counseled a national financial institution through a large-scale reduction of locations.  The client closed a substantial number of office and branch locations and undertook a national program of repositioning its surplus real estate for sale, assignment of lease, lease or sublease. Hinckley Allen coordinated a nationwide disposition program working with brokers and title insurance companies throughout the country.  Additionally the firm assisted in creating uniform documents for use in multiple jurisdictions to allow locations to be quickly sold or leased, saving the client substantial transaction costs and the significant …

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Sale of Restaurant Chain

In 2011, Hinckley Allen represented a major restaurant owner/operator in the sale of a large portfolio of restaurants located in 6 states to a single purchaser. Our corporate and real estate attorneys collaborated seamlessly on this interdisciplinary transaction that required an organized, team approach. The restaurants were all leased and were located on free standing parcels of land or in shopping centers or malls. A major challenge in this transaction was navigating the existing lease documents (almost all of which required landlord consents) to find creative ways to position a smooth assignment of the leases to the purchaser. Our attorney…

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Deed in Lieu/Settlement Agreement

Hinckley Allen represented a borrower/developer in negotiating a favorable settlement agreement for a commercial real estate loan made by an international lender. The project was to redevelop an existing office park but the project faltered as the result of the economic recession and other factors. Over time, the amount of the loan came to far exceed the fair market value of the real estate collateral. There were significant issues and risks over what was and was not covered by the terms of a personal guaranty with the lender taking the position that the guarantor was responsible for up to one half of the full principal balance plus accrued i…

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864,000 Square Foot Mixed Use Development

Hinckley Allen acted as special real estate counsel for an 864,000 square foot mixed use project including wet lab space, office, retail, and residential uses. The client's goal was to secure all necessary approvals for the full build out of project with the right to build the project out in 7 or 8 phases over a 25 year period. The desired phasing schedule presented significant legal and regulatory challenges. The client's primary concern was that future regulatory changes could negatively impact the project and jeopardize its significant investment. Using an innovative combination of local regulations and state statutes, Hinckley Allen devi…

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Eminent Domain Takings for Proposed Highway Drainage Project

Hinckley Allen represented the owner of two business properties that were to be negatively impacted by eminent domain takings for a proposed highway and drainage project. The project, as originally designed, called for one of our client's properties to be completely bisected by a large drainage culvert. The drainage structure was so big that it would have been the largest "tunnel" ever built in the state. The construction of the drainage structure as proposed would have negatively impacted business operations and the future development potential of the property. Over 12 regulatory agencies were involved in the design and approval of the proje…

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Acquisition of Portfolio of Convenience Stores from Bankruptcy Estate

Hinckley Allen represented a real estate investor in the successful acquisition of a real estate portfolio comprised of convenience stores and gas stations from a bankruptcy estate. The project involved a unique and challenging mix of complex issues including environmental, bankruptcy, leasing, licensing, title, conveyancing and contract law. Hinckley Allen real estate attorneys "quarterbacked" the transaction and coordinated with the firm's bankruptcy, government affairs, licensing, corporate and environmental attorneys.

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