Overview

Kevin O’Flaherty, a Director and Co-Chair of the firm's Litigation group, is an experienced trial lawyer who has tried over two dozen cases in state and federal courts and represented clients in over twenty-one appeals in a broad range of matters including: commercial disputes; land use cases; eminent domain matters; shareholder disputes; securities litigation, bankruptcy proceedings and probate matters.  Kevin sits on the editorial board for the firm's retail blog, 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, including recent favorable decisions in PB & C Series, LLC v. Stop & Shop Supermarket Co., et al., 65 Mass.App.Ct. 1103 (2005); and Valley Properties, Inc. v. Pinnacle Partners, Inc., 76 Mass. App. Ct. 1107 (2010); and Stop & Shop Supermarket Co. v. Town of Reading Zoning  Board of Appeals, 76 Mass App. Ct. 1118 (2010).
• 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.
• Representation of teaching hospitals and universities in regulatory and permitting matters.