Christian W. Habersaat

Representative Matters

Harvard Square Properties Sell for $108 Million

Lead counsel representing a family holding a 50% 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 the business income and extra expense losses the company sustained following the shutdown of its main distribution facility resulting in an award in excess of $2.5M.

$2.7 Million Recovery After Trial for Construction Related Property Damage

Lead trial counsel representing a commercial property owner in state court in Manhattan against a developer in connection with significant property damage sustained to our client’s building caused by construction activity at the adjoining property.  After a 13-day trial, secured a judgment in excess of $2M, plus an award of attorney’s fees.

Data Privacy Action Under Massachusetts Data Privacy Laws

Represented 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

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

Land Use: Summary Judgment in Right to Use a Private Way to Access Property Litigation

Lead counsel representing a commercial property owner in successfully prosecuting litigation in the Land court concerning a commercial property owner’s right to use a private way to access its property after claims of trespass and nuisance were asserted by fee owner of the private way.

Land Use: Summary Judgment in Easement for Light and Air Litigation

Represented at the trial and appellate level a property owner in a lawsuit brought by an abutting property owner claiming that an "easement for light and air" prevented the commercial development of a building in a manner that would obstruct the windows of the abutter's building.

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.  

Land Use: Expedited Dissolution of a Lis Pendens

Represented commercial developer at the trial and appellate level in a case of first impression in Massachusetts under G.L. c. 231, §15, resulting in the expedited dissolution of a lis pendens and the award of attorney’s fee and costs.

$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.

$155 Million Bid Protest Litigation

Lead counsel representing Massachusetts Bay Transportation Authority in the successful defense of lawsuit brought by an unsuccessful bidder challenging the award of a $155M contract for paratransit services known as THE RIDE.

$100 Million Bid Protest Litigation

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

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 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.

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

Lawsuits Alleging Bodily Injury and Property Damage Claims

Represented commercial property owners in lawsuits alleging bodily injury and property damage claims arising out of alleged exposure to mold.

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

Represented property owners in administrative enforcement proceedings brought by the Environmental Protection Agency and 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 real estate entities in several matters involving structural and subsurface failures of buildings sustained at retail locations throughout the U.S. causing extensive property damage and interruption of business.