David M. Zucker

David M. Zucker

+1 617 574 4043
David M. Zucker

Representative Matters

Defense of Trustees in an Action for Breach of Fiduciary Duty and Removal

A beneficiary sought the removal of two trustees of a Massachusetts Business Trust, alleging that the trustees had acted beyond their authority and breached their duties in carrying out a number of complicated transactions designed to place a conservation easement on family-owned land and exchange various parcels of land among several trusts.  At trial, the Court found that the trustees had not breached their duties and awarded fees and costs to the trustees.  The Appeals Court determined that the trustees had authority under the trust to effectuate the transactions at issue and affirmed the trial court’s determination that no breach of fiduciary duty occurred.

Defense of Canada's Largest Wireless Communications Company

Defended Rogers Communications, Canada’s largest wireless communications company, in an action seeking damages and injunctive relief for alleged misappropriation of trade secrets and breach of contract in connection with unsuccessful negotiations to license the plaintiff’s wireless technology. The case was dismissed based on the successful invocation of a contractual forum selection clause.

Breach of Contract Dispute Regarding Restaurant Build-Out

Representation of a real estate development company in a dispute with a former tenant regarding a breach of contract concerning a restaurant build-out in an enclosed mall.

Business Litigation on Behalf of Biotech Owner

Representation of a former biotech business owner in connection with a suit brought by the company’s Board of Directors.

Multiple Tenant Termination Notices

Handled over 30 tenant termination notices in connection with an enclosed mall redevelopment project in Massachusetts at the Meadow Glen Mall.

Land Protection and Easement Agreements

Representation of a private trust in connection with land protection and related easement agreements.

Protecting and Preserving Shoreline Property

Representation of a not-for-profit in connection with protecting and preserving shoreline property.

Audits of Commercial Common-Area Maintenance Charges

Handling audits of commercial common-area maintenance charges and related confidentiality matters for a real estate development company.

Special Permit Challenge for ADA Non-Compliance

Challenged a special permit based on ADA noncompliance issues on a historic preservation property.