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Kevin P. O'FlahertyKevin P. O'Flaherty

(617) 574-6413
koflaherty@goulstonstorrs.com
Fax: (617) 574-7622
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Boston
400 Atlantic Avenue
Boston, MA 02110-3333


O'Flaherty, Kevin

Education
Saint Louis University, A.B., 1976, summa cum laude

Harvard Law School, J.D., 1992, cum laude
Admissions
Massachusetts

District of Columbia

Overview

Commercial disputes, land use cases, eminent domain matters, shareholder disputes, securities litigation, bankruptcy proceedings and probate matters are all part of Kevin O’Flaherty’s Litigation experience. Kevin is an experienced trial lawyer who has tried more than two dozen cases in state and federal courts and has represented clients in over 21 appeals. Chambers USA recognizes Kevin for his "calm demeanor and straightforward, practical approach." Kevin is a Director with the firm, a co-Chair of the firm's Litigation group and a founding member of the firm's retail blog, the Retail Law Advisor.

Representative Experience

  • Obtained summary judgment upholding comprehensive permit issued to developer of affordable housing project and successfully defended that judgment on appeal in Standerwick, et al. v. Zoning Board of Appeals of Andover, et al., 447 Mass. 20 (2006), identified by Massachusetts Lawyers' Weekly as one of the ten most significant decisions made by the Supreme Judicial Court in 2006. 
  • Represented the plaintiffs in a breach of contract case against a multinational company, obtaining a multi-million dollar settlement for the client.
  • Successfully represented a large supermarket company in several zoning/permitting appeals, obtaining favorable trial judgments that were upheld on appeal in PB & C Series, LLC v. Stop & Shop Supermarket Co., et al., 65 Mass.App.Ct. 1103 (2005); Valley Properties, Inc. v. Pinnacle Partners, Inc., 76 Mass. App. Ct. 1107 (2010); and Cernak, et al. v. Planning Board of the City of Easthampton, et al., and Stop & Shop, Hampshire Superior Court, Civil Action No. 2010-0035 (2013).
  • Represented real estate owners and developers in an array of real estate related cases, including commercial landlord/tenant cases, residential subdivision appeals, wetland appeals, MEPA Appeals, Chapter 91 Appeals, Conservation Commission appeals, adverse possession cases, matters involving easements and servitudes, and disputes related to real estate purchase and sale agreements. 
  • Obtained dismissal of an abutter's and citizens’ group appeal of zoning relief granted to the developers of a thirty-story mixed use commercial and residential project in downtown Boston.
  • Represented the Boston Redevelopment Authority in several eminent domain matters related to the Boston Convention and Exhibition Center, and obtained several jury verdicts favorable to the authority.
  • Obtained a jury verdict and six-figure damages for a plaintiff in a civil rights action, and successfully defended the judgment on appeal. Ayasli v. Armstrong, 439 Mass. 1101 (2003), 56 Mass.App.Ct. 740 (2003). 
  • Successfully represented fiduciaries and individuals in trust and estate matters. 
  • Represented the Massachusetts Bay Transportation Authority in eminent domain matters related to the MBTA’s takings for a new commuter rail line.
  • Represented educational, medical and cultural institutions in regulatory matters, landlord-tenant disputes and real estate matters.
Professional and Community Involvement
  • Board of Directors, Caritas Communities, Inc. (current)
  • Board of Directors, Greater Boston Legal Services (past)
  • Board of Directors, Newton Girls Basketball Association (past)
Awards and Recognition
  • Chambers USA, “America’s Leading Business Lawyers”
  • Massachusetts Super Lawyers, 2006 - 2014
  • Martindale Hubbell Peer Review Rated AV Preeminent TM
  • Martindale HubbellTM Top Rated Lawyer in "Land Use And Zoning," 2013
Speaking Engagements
Press Releases
num: 38
publicationsArticles: "Court Recognizes Value of Affordable Housing," Multi Family Trends
publicationsArticles: "Ronald Druker seeks say on Shreve building," Boston Herald
publicationsArticles: "Stop & Shop Appeals Ruling"
clientAdvisories: SJC Issues Two Decisions of Interest to Real Estate Developers
publicationsArticles: "Goodale's Pit: MVC Committee Recommends No DRI Review," Vineyard Gazette
publicationsArticles: "Martha's Vineyard Commission to Goodale's: Keep Digging," Martha's Vineyard Times
publicationsArticles: "Martha's Vineyard Commission Rejects Goodale's Review," Martha's Vineyard Times
clientAdvisories: Proposed Expansion of Massachusetts Accessibility Requirements: Now is the Time to Comment
pressReleases: Goulston & Storrs Launches Retail Blog
blogEntries: Will Landlords Get Sandwiched in Grocery Wars?
blogEntries: The Honeymoon is Over – Investigation of Commercial Bribery in the Retail Industry
blogEntries: The Honeymoon is Over – Investigation of Commercial Bribery in the Retail Industry
publicationsArticles: Andover ZBA rejects 248-unit 40B housing project
publicationsArticles: Zoning Board Backs Building Inspector on Zoia House
blogEntries: A Tenant’s Employee has a Criminal Record. How Does a Landlord React?
clientAdvisories: InBrief Volume 2, Number 3
blogEntries: Disney Wristbands:  A More Magical Experience or Smoke and Mirrors for Data Mining?
pressReleases: Goulston & Storrs Nets 33 Lawyers, 7 Practice Areas in 2013 Chambers USA Rankings
blogEntries: Additional Class Action Lawsuits Have Been Filed Against Retailers for Data Collection and Use of Consumers’ ZIP Codes Following Consumer Privacy Decision by the MA Supreme Court
blogEntries: Additional Class Action Lawsuits Have Been Filed Against Retailers for Data Collection and Use of Consumers’ ZIP Codes Following Consumer Privacy Decision by the MA Supreme Court
blogEntries: Landmark Repositioning of a Suburban Mall Runs into Anchor Tenant Roadblock
blogEntries: An Apple a Day Increases eBook Prices and Scrutiny of Most Favored Nation (MFN) Clauses
blogEntries: Happy Labor Day!
blogEntries: Trouble at the Mall: Retailers Face New Challenges with ADA Compliance
pressReleases: Goulston & Storrs Captures 47 Spots on the 2013 Massachusetts Super Lawyers List; 14 on the 2013 Massachusetts Rising Stars List
blogEntries: Happy Thanksgiving!
blogEntries: The Obligation to Preserve Footage from Surveillance Cameras
blogEntries: Happy Holidays from the Retail Law Advisor
blogEntries: Massachusetts Food Waste Regulations Finalized: Waste-to-Energy Operations Make Headway under New Permitting Program
clientAdvisories: SJC Extends Flexible Approach to the Alteration of Easements
clientAdvisories:  In Massachusetts, Ignorance May Be Bliss in Challenging a Neighbor’s Building Permit
blogEntries: Report: Internet Sales Taxes Hit Amazon, but Not to Brick and Mortar Benefit
blogEntries: Spring Cleaning: Dealing with Increased Sexual Harassment Claims
pressReleases: Goulston & Storrs Expands Practice Recognition in 2014 Chambers USA Rankings
clientAdvisories: Does the Attorney-Client Privilege Protect Communications With A Company’s Outside Consultants?
publicationsArticles: "Barriers to the Bar for Minorities," Boston Business Journal
blogEntries: Hostile Doesn’t Mean MEAN: Understanding Employment Law
clientAdvisories: Shopping for Milk, Bread and Signatures:  Massachusetts Supreme Judicial Court Allows Solicitation of Political Nomination Signatures on Stand-alone Retailer’s Private Property
May 2014
Goulston & Storrs Expands Practice Recognition in 2014 Chambers USA Rankings
October 2013
Goulston & Storrs Captures 47 Spots on the 2013 Massachusetts Super Lawyers List; 14 on the 2013 Massachusetts Rising Stars List
May 2013
Goulston & Storrs Nets 33 Lawyers, 7 Practice Areas in 2013 Chambers USA Rankings
February 2012
Goulston & Storrs Launches Retail Blog
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