Paul L. Feldman

phone: 617-589-3831
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PRACTICE & FOCUS AREA
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Paul’s real estate work involves acquisitions, leasing, permitting and financing. He represents several active and substantial real estate developers, handling transactions all over the country. His environmental practice focuses on contamination matters, wetlands permitting, waterways licenses and MEPA. Paul has represented Fortune 100 companies in connection with several Federal Superfund sites and many smaller businesses with Chapter 21E matters. His work involves governmental enforcement actions, regulatory compliance matters and cost recovery litigation. Paul is also a litigator, primarily covering contract disputes and insurance coverage.

Paul has spent his entire legal career at Davis Malm and served two terms as president of the firm for 14 years. His philosophy on client service is simple and straightforward: Own the client’s problem like it’s your own, find solutions, and provide exceptional service and effective communication.

RESULTS
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  • Obtained local permits for a 590-residential unit development.
  • Successfully represented Massachusetts-based petroleum company seeking Brownfields Tax Credit to recover significant portion of the costs of an environmental remediation of its land. Following Department of Revenue’s denial of the tax credit, handled appeal to Massachusetts Superior Court, resulting in approval of multi-million dollar tax credit to client.
  • Obtained a jury verdict worth approximately $6 million for a NYSE-listed company after a three-week trial in Delaware Superior Court in a breach of contract action arising out of defendant’s failure to honor an environmental indemnification.
  • Represented buyer in a $100 million deal involving the purchase of 28 acres of vacant land and financing of a 400,000 square foot retail/office development in Gilbert, Arizona.
  • Represented buyer in a $55 million deal involving the purchase of 45 acres of vacant land in Phoenix, Arizona that will be developed in multiple phases and for multiple uses.
  • Obtained a Comprehensive Permit (Affordable Housing) for many residential developments, including a 250-unit condominium development, 240-unit apartment development, and 88-unit single-family home community.
  • Represented sellers and buyers in many real estate transactions, including the purchase and sale of commercial buildings, residential developments and undeveloped land, including the use of Section 1031 exchanges to defer capital gains.
  • Handled a financing workout involving $84 million of debt with properties in California, Nevada and Massachusetts.
  • Represented Fortune 100 companies in several Region I Superfund sites, including Charles George, Palmer, and SRSNE in which the companies were potentially performing parties.
  • Handled 21E Compliance for sites in Middleboro, Worcester, and other Massachusetts communities.
  • Represented businesses responding to civil penalty orders of the EPA and MADEP.
  • Represented businesses in insurance coverage matters for property damage claims and environmental claims.
REPORTED CASES
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  • John G. Danielson, Inc. v. Winchester-Conant Properties, Inc., 322 F. 3rd 26 (1st Cir. 2003) – Procured the reversal of judgment and remand for new trial in Federal Copyright case brought by architect against developer client where the trial court had given improper jury instruction with respect to apportioning profits between copyright owner and party determined to have infringed on the copyright. The decision of the U.S Court of Appeals for the First Circuit established important authority with respect to the criteria to be applied in apportioning profits in copyright suit.
  • Striar v. American Medical International, Inc., 45 Mass. App. Ct. 87 (1998) – Obtained a breach of contract judgment for client who was one of several sellers of two hospitals sold to a national hospital chain. Client was not a direct party to the medical services contract entered in connection with the sale of the hospitals, and held to have been breached, but was a party to the sales contract. Succeeded in establishing the client’s right to sue on the theory that the services contract was incorporated by reference into the sales contract and on third party beneficiary theory. Appeals Court affirmed.
  • Berkshire Power Development v. Agawam, 43 Mass. App. Ct. 828 (1997) – Successfully represented clients in opposing the construction of a power plant. After being denied approval at the local level, the developer appealed and argued that it never needed the permit which it had applied for. This case established that the ability to raise new issues on appeal was limited to the issues raised before a local board.
  • Edward T. Moore, et. al. v. Town of Swampscott, 26 Mass. App. Ct. (1988) – Successfully represented a developer in being able to use lot frontage in a more restrictive zoning district to satisfy the frontage requirements for a less restrictive use in an adjacent district.
CREDENTIALS
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 Distinctions:

  • Selected Chambers USA Leading Lawyer 2012-2015, 2017-2019; Recognized Practitioner 2016
  • Best Lawyers in America©, 2011-2020
  • Peer Review AV® Preeminent™ rated by Martindale-Hubbell, the highest bestowed rating
  • Massachusetts Super Lawyers, 2005-2018 (listed 2012 Top 100 Massachusetts Super Lawyers)

Admitted:

  • Massachusetts
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit

Member:

  • Boston Bar Association
  • Massachusetts Bar Association

 Firm Representative:

  • International Lawyers Network
MORE THAN A LAWYER
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In his downtime, Paul enjoys traveling, cycling and listening to live music. He frequently attends concerts and music festivals with his fellow music-loving shareholders, Gary Feldman and Sandy Moskowitz.

News & Insights
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Massachusetts Zoning Demystified, co-chair of MCLE seminar

Zoning Practice, co-chair of MCLE program

Cannabis in Commercial Real Estate 2.0, panelist for NEREJ 2017 Summit

Midsize Firms Luring ‘Big Law’ Clients, quoted in Massachusetts Lawyers Weekly

Zoning Practice, co-chair of MCLE program

Zoning Practice: MCLE BasicsPlus, presenter at MCLE seminar

Zoning Practice: MCLE BasicsPlus, presenter at MCLE seminar

CRE Heat Index Sizzles, quoted in The Real Reporter

Lawyers Enjoyed Real Boost in 2012, quoted in The Real Reporter

Zoning Practice: MCLE BasicsPlus, presenter at MCLE seminar

Zoning Practice: MCLE BasicsPlus, presenter at MCLE seminar

A Game of “Follow The Market”, quoted by Banker & Tradesman

Awards
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