Commercial landlords look to Mirick O’Connell for practical advice on managing their properties and their tenant relationships. We counsel and represent commercial landlords in general corporate matters, property acquisition and financing, lease negotiation and drafting, and litigation matters related to commercial leases and subleases for office, retail, biomedical and R&D space. The Firm also represents commercial landlords, including retail mall owners and managers, in bankruptcy cases throughout the United States.
- Represented numerous commercial landlords in national retail bankruptcy proceedings, including Linens ‘N Things, Tweeter, Bombay Company, and Ritz Camera, Hollywood Video, Buffet Holdings and Alpha Omega Jewelers.
- Negotiated agreements with debtors and liquidating agents in connection with going-out-of-business sales in significant retail bankruptcies including Linens 'N Things, Whitehall Jewelers, Ritz Camera, Sharper Image and KB Toys.
- Successfully opposed an attempt to assign leases to undesirable tenant in the Ground Round bankruptcy proceeding.
e-Alert: The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining5/15/2020[ read full story ]
Spring Webinar Series: Should Employers Mandate Vaccinations?03/31/2021[ read full story ]
Municipal Permitting Timelines Resume on December 1
Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week. Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing …[ load webpage to read more ]
Important Update – The Impact of Coronavirus on the Construction Industry
Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice. Here is an update, as of …[ load webpage to read more ]
The Impact of Coronavirus on the Construction Industry
The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction. First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind. We are …[ load webpage to read more ]
Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency
Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …[ load webpage to read more ]
SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge …[ load webpage to read more ]
PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water
Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …[ load webpage to read more ]
Building the Boroughs: A Year in Review
In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …[ load webpage to read more ]
Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process
For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in …[ load webpage to read more ]
MassDEP Working on a Drinking Water MCL for PFAS
Several weeks ago, I posted that the Massachusetts Department of Environmental Protection (MassDEP) proposed a new groundwater standard for PFAS contamination under the Massachusetts Contingency Plan regulations (310 CMR 40.0000). Public comment on the proposed regulations remains open through July …[ load webpage to read more ]
Appearance of Bias Not Enough to Invalidate Appraisal – Unless the Contract Says Otherwise
When parties enter a contract involving an appraised value of real estate, they need eventual finality with respect to that appraised value, but they also want fairness in the appraisal process. In Buffalo-Water 1, LLC v. Fidelity Real Estate Company, …[ load webpage to read more ]
BREAKING: MassDEP Announces Proposed Revisions to the Massachusetts Contingency Plan, Including a Reportable Concentration for PFAS at 20 ppt
The Massachusetts Department of Environmental Protection (MassDEP) announced proposed revisions to the Massachusetts Contingency Plan (310 CMR 40.0000). This begins a 3-month public comment period that will end July 19, 2019, and will include four public hearings. According to MassDEP, …[ load webpage to read more ]
EPA Issues Interpretive Statement: Groundwater Discharges are Not Subject to the Clean Water Act
In a not-so-stunning development, the EPA on Monday issued an Interpretive Statement putting to rest speculation on EPA’s position as to whether groundwater discharges are subject to federal jurisdiction under the Clean Water Act (CWA). The answer: “No.” EPA’s 57-page …[ load webpage to read more ]