Christian W. Habersaat

Representative Matters

Harvard Square Properties Sell for $108 Million

Lead counsel representing a family holding a 50 percent ownership interest in historic and prominent buildings on Brattle Street in Harvard Square in complex Massachusetts Land Court partition litigation resulting in the sale of the commercial properties for $108M.

$2.5 Million Arbitration Award

Lead counsel representing a Boston-based seafood company in a commercial arbitration to determine the value of a business income loss sustained following the shutdown of the company’s main distribution facility resulting in an award in excess of 2.5M.

$2.7 Million Recovery After Trial for Construction Related Property Damage

Lead counsel representing the owner a commercial building in Manhattan against a national real estate developer in a lawsuit for property damage resulting from the developer’s construction activity at an adjoining property.  After a 13-day trial, obtained a judgment in excess of 2M and an award of attorney’s fees.

Civil Enforcement Investigation for Violations of the New York False Claims Act

Lead counsel representing a multi-national clothing company in connection with a civil enforcement investigation brought by the New York Attorney General and a related qui tam (whistleblower) action brought in New York State Court alleging violations of the New York False Claims Act.

Data Privacy Action Under Massachusetts Data Privacy Laws

Lead counsel representing a Boston-based restaurant/hospitality group in connection with a civil enforcement action brought in state court by the Massachusetts Attorney General under the State's data privacy law, G.L. c. 93H, following a data and cybersecurity breach involving access to consumer credit card information

Data Privacy and Cybersecurity Investigation and Response

Lead counsel representing a hotel/hospitality group in connection with data privacy and cybersecurity matters resultant from a Massachusetts Attorney General investigation into the reported release of personal information on account of a breach through vendor-supplied POS software.

Complex Insurance Coverage Dispute

Lead counsel representing a prominent Massachusetts university in an arbitration proceeding concerning a complex insurance coverage dispute involving historic and significant environmental issues.

Land Use: Expedited Dissolution of a Lis Pendens

Lead counsel representing a commercial developer at the trial and appellate level in a lawsuit concerning and the right of first refusal to purchase units in a condominium building in Boston and the expedited dissolution of a lis pendens in a case of first impression under G.L. c. 231, §15.

$114 Million Bid Protest Filed With the Federal Transit Authority

Lead counsel representing Massachusetts Bay Transportation Authority in the successful defense of an administrative bid protest filed with the Federal Transit Authority by an unsuccessful bidder to a $114M contract for purchase of diesel locomotives.

Land Use: Summary Judgment in Property Transfer Restriction Litigation

Lead counsel representing limited liability company in successfully defending litigation challenging the transfer of interests in several commercial properties in Wellesley, MA on the basis that the transfer violated a "transfer restriction agreement" executed by the parties.  

Representing a Pharmacy Services Provider in a Constitutional-Based Lawsuit

Lead counsel representing a pharmacy services provider in a constitutional-based lawsuit filed in Federal Court challenging the termination of a State correctional facilities pharmaceutical contract.

Summary Judgment in Class Action Lawsuit Regarding FASTLANE Toll Discount Program

Appointed Special Assistant Attorney General and acted as lead counsel in the successful defense of a class action lawsuit brought in Federal Court in New Jersey and appeal in the Third Circuit Court of Appeals by a class of out-of-state residents challenging the constitutionality of the Massachusetts Turnpike Authority's FASTLANE toll discount program.

$155 Million Bid Protest Litigation

Represented the Massachusetts Bay Transportation Authority in the successful defense of bid challenge and resultant lawsuit brought by an unsuccessful bidder challenging the award of a $155M contract for paratransit services.

$100 Million Bid Protest Litigation

Represented Massachusetts Transportation Authority in a series of lawsuits brought in the Massachusetts trial and appellate courts challenging the award of a $100M contract for the manufacture and installation of system-wide automatic fare collection equipment.

Lawsuits Alleging Bodily Injury and Property Damage Claims

Represented several commercial property owners in government investigations and lawsuits alleging bodily injury and property damage claims arising out of alleged exposure to mold and/or legionella bacteria.

Administrative Enforcement Proceedings Brought by the Occupational Safety and Health Administration

Represented several commercial property owners in administrative enforcement proceedings brought by the Occupational Safety and Health Administration arising out of alleged workplace condition investigations.

Administrative Enforcement Proceedings Brought by the EPA and the Department of Environmental Protection

Represented several property owners in administrative enforcement proceedings brought by the Department of Environmental Protection arising out of alleged illegal landfilling, disposal of hazardous materials, and filling of wetlands.

Matters Involving Structural and Subsurface Failures of Buildings Causing Property Damage and Business Interruption

Represented several commercial property owners in matters involving structural and subsurface failures of commercial and retail buildings, including matters involving differential settlement due to geotechnical failures.