Karla Chaffee

Karla L. Chaffee

Associate

Karla L. Chaffee

Associate

  • Overview

    Biography

    Karla Chaffee focuses her practice on land use litigation and transactions. She is a member of the firm’s Land Use and Real Estate + Development Groups.

    Land Use Litigation

    Ms. Chaffee handles complex federal litigation involving the Religious Land Use and Institutionalized Persons Act (RLUIPA), First Amendment, and Equal Protection Clause. She is a member of the firm’s RLUIPA practice group and is a contributor to its blog, RLUIPA Defense. Ms. Chaffee also handles environmental litigation, and she defends claims brought under state and federal law, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

    Ms. Chaffee is skilled at negotiating dispute settlements and achieving success for her clients in court if their case goes to trial. Her successes include negotiating a favorable resolution for a national public utility company which faced environmental claims.

    Land Use - Transactional

    Ms. Chaffee performs due diligence work for real estate transactions prior to acquisition and financing. She assesses environmental risk of properties and determines what mitigation measures are needed, to help clients make the best business decisions and avoid potential liability. Finding appropriate mitigation measures has given her the opportunity to negotiate the terms of purchase and sale agreements, liability transfer documents, and insurance policies. She works with sellers, buyers and lenders to ensure a successful transaction.

    Ms. Chaffee provides guidance to clients seeking local zoning approvals. She counsels them on the impact of proposed or recently enacted land use legislation, as well as on land use trends across the country. Ms. Chaffee also serves on her local zoning board of appeals.

    Pro Bono and Community Involvement

    Ms. Chaffee is a member of Robinson+Cole's Pro Bono Committee, and she is dedicated to doing pro bono work as part of her practice. She has helped multiple individuals and families obtain asylum in the United States. Ms. Chaffee has also worked with nonprofit organizations to help them obtain tax-exempt status. She assisted a local "friends" organization in preserving and adding land to a national park after a title dispute with the park’s abutting property owner. She was part of a group of Robinson+Cole lawyers who helped a soup kitchen and food pantry continue operating in Norwich after the city denied a special permit and use variance.

    Ms. Chaffee was listed as a Rising Star in Massachusetts Super Lawyers® in the area of Land Use for 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
     

  • Experience
    • Experience

      Experience

      • Helped volunteer "friends" organization preserve and add land to a national park after several disputes with neighboring property owner.   

      • Represented national public utility company in defense of environmental claims based on historic property usage, and successfully negotiated resolution for client.

      • Currently representing municipality in defending an action with RLUIPA and federal constitutional claims.

      • Reviewed federal court complaint to assess viability of claims against a California municipality under RLUIPA and the United States Constitution.
      • Regularly advises a national real estate organization on municipal and state-wide land use initiatives and trends across the country, often helping the organization prepare public comments on draft legislation.
      • Resolved customer complaints against Massachusetts retail energy supplier and negotiated payment agreements regarding overdue commercial accounts.

      • Involved in ongoing RLUIPA litigation in the Second and Third Circuits. 

      • Handling ongoing appeal to Massachusetts Appeals Court in ongoing, fact intensive land use dispute.  

    • Professional Associations

      Professional Associations

      Environmental Business Council
      Site Remediation Committee (2013)

      Society for Women Environmental Professionals of Massachusetts (2011 - present)

      Boston Bar Association (2009 - present)

      American Bar Association (2009 - present)
      Vice-Chair of Section of Real Property, Trust and Estate Law's Land Use and Zoning Committee (2016 - 2017)

      Medford, Massachusetts, Conservation Commission
      member (2014 - 2016)

      American Planning Association
      Massachusetts Chapter, Treasurer of Board of Directors
    • Honors + Awards

      Honors + Awards

      Listed as a Rising Star in Massachusetts Super Lawyers® in the area of Land Use for 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

    • Community Involvement

      Community Involvement

      City of Medford
      Zoning Board of Appeals Member (2016 - 2019)

      Greater Boston Legal Services
      Team Captain, Annual Drive
  • NEWS + PRESS
    • Publications

      Publications

      "Getting Ready for Marijuana," published in The Commissioner (August 2017)
      • » more info

        • Getting Ready for Marijuana

        "Getting Ready for Marijuana," published in The Commissioner, authored by Karla L. Chaffee (August 2017)

        In the article, Ms. Chaffee answers questions on how communities can deal with the medical and recreational sale of marijuana, focusing on land use impacts and what municipalities are regulating.  Ms. Chaffee also incorporates the tips that Real Estate + Development Group lawyer Dwight H. Merriam provided in Connecticut Lawyer regarding Connecticut's Act Concerning the Palliative Use of Marijuana. Mr. Merriam advises that communities wanting a voice in local regulation adopt a strong purpose and detailed findings, define everything, and cap the number of facilities.

      • View article

      "RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability," published in Planning & Law, co-authored with Evan J. Seeman, Dwight H. Merriam and John F. X. Peloso Jr. (Spring 2017)
      • » more info

        • RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

        "RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability," published in Planning & Law, co-authored by Evan J. Seeman, Karla L. Chaffee, Dwight H. Merriam and John F. X. Peloso Jr. (Spring 2017)

        The article discusses the decision in Riverside Church v. City of St. Michael, where a federal court in Minnesota ruled that actions taken under RLUIPA's safe harbor provision absolved a local government of possible RLUIPA violations. The decision may serve as a model for other municipalities across the country faced with RLUIPA litigation.

      • View article

      "Is Your Community Ready for Marijuana?" published in Planning & Law (Spring 2017)
      • » more info

        • Is Your Community Ready for Marijuana?

        "Is Your Community Ready for Marijuana?" published in Planning & Law, authored by Karla L. Chaffee (Spring 2017)

        In light of the legalization of marijuana in a handful of states, the article explores the question that many communities share: "How can we, at the local level, prepare?"

      • View article

      "To Regulate or Not to Regulate? Short-Term Rentals and the Hard Questions Municipalities Are Starting to Ask," published in Planning & Law (Spring 2016)
      • » more info

        • To Regulate or Not to Regulate? Short-Term Rentals and the Hard Questions Municipalities Are Starting to Ask

        "To Regulate or Not to Regulate? Short-Term Rentals and the Hard Questions Municipalities Are Starting to Ask," published in Planning & Law, authored by Karla L. Chaffee (Spring 2016)

        Ms. Chaffee discusses concerns of some municipalities regarding short-term rental platforms, such as Airbnb, HomeAway, VRBO, and FlipKey. Many community planners question whether these short-terms rentals can and should be regulated. She looks into the unintended consequences of short-term rentals, their positive side, and whether they should be regulated.

      • View article

      "Revisions to ASTM E1527 and proposed revisions to the AAI Rule," published in New England Real Estate Journal (Dec 2013)

      "Inconsistency and Uncertainty Continue to Haunt RLUIPA Litigation," published in ABA Section of Real Estate Litigation (Spring 2010)

      "Six Fact Patterns of Substantial Burden in RLUIPA: Lessons for Potential Litigants," published in Albany Government Law Review, co-authored with Dwight H. Merriam (Spring 2009)

      "Massachusetts’ Chapter 40R: A Model for Incentive-Based Land Use Planning and Affordable Housing Development," published in Vermont Journal of Environmental Law (2008)

    • Presentations

      Presentations

      "RLUIPA Land Use Claims—Latest Litigation Trends and Key Case Law Developments," co-presented with Evan J. Seeman and John F. X. Peloso Jr., webinar (2/22/2017)
      • » more info

        • RLUIPA Land Use Claims—Latest Litigation Trends and Key Case Law Developments

        "RLUIPA Land Use Claims—Latest Litigation Trends and Key Case Law Developments," co-presented by Evan J. Seeman, John F. X. Peloso Jr. and Karla L. Chaffee, webinar (2/22/2017)

        The discussion focused on the types of claims being raised in RLUIPA litigation and how the courts have responded, the steps local governments can take to avoid RLUIPA challenges, and effective strategies for municipalities in defending RLUIPA claims. Click here to view the PowerPoint for the session. 


      "Food and the First Amendment," co-presented with Brian R. Smith, at the SNEAPA 2016 Conference in Worcester, Massachusetts (10/21/2016)

      "Update on the Religious Land Use and Institutionalized Persons Act (RLUIPA)," co-presented with Hiram B. Carey III and John F. X. Peloso Jr. (9/23/2016)
      • » more info

        • Update on the Religious Land Use and Institutionalized Persons Act (RLUIPA)

        "Update on the Religious Land Use and Institutionalized Persons Act (RLUIPA)," co-presented by Hiram B. Carey III, Karla L. Chaffee and John F. X. Peloso Jr. (9/23/2016)

        The presenters offered techniques for local governments to use in avoiding, mitigating, and defending against RLUIPA claims. They also discussed basic claims that can be brought under RLUIPA, the current state of religious land use litigation, and the courts' varying interpretation and treatment of RLUIPA across the country, particularly in the Second Circuit. 


      "Planning for Medical Marijuana Facilities in Massachusetts," at a Lunch N Learn sponsored by the Massachusetts Association of Planning Directors in Haverhill, Massachusetts (2/19/2016)
      • » more info

        • Planning for Medical Marijuana Facilities in Massachusetts

        "Planning for Medical Marijuana Facilities in Massachusetts," presented by Karla L. Chaffee, at a Lunch N Learn sponsored by the Massachusetts Association of Planning Directors in Haverhill, Massachusetts (2/19/2016)

        Ms. Chaffee's discussion included the Department of Public Health's (DPH) role in regulating Registered Marijuana Dispensaries (RMD), how local zoning bylaws can supplement state standards, and the current status of RMD licensing at DPH. She also addressed how the current Massachusetts ballot initiative to legalize recreational marijuana could transform all of the above.


      "Green New World: Challenges of Marijuana Legalization," at the Land Use Committee Meeting of the ABA's State and Local Government Law Section (2/12/2016)
      • » more info

        • Green New World: Challenges of Marijuana Legalization

        "Green New World: Challenges of Marijuana Legalization," presented by Karla L. Chaffee, at the Land Use Committee Meeting of the ABA's State and Local Government Law Section (2/12/2016)

        Ms. Chaffee addressed the conflicts arising between federal and state law and how many municipalities in these states that have legalized medical marijuana contend with issues involving planning and zoning for marijuana dispensaries. Presently, 23 states and the District of Columbia have laws legalizing medical marijuana.


      "Planning for Medical Marijuana Facilities in Massachusetts," Berkshire County Regional Planning Commission (10/29/2015)
      • » more info

        • Planning for Medical Marijuana Facilities in Massachusetts

        "Planning for Medical Marijuana Facilities in Massachusetts," presented by Karla L. Chaffee, Berkshire County Regional Planning Commission (10/29/2015)

        Ms. Chaffee spoke about medical marijuana facilities in Massachusetts, a hot topic for many communities since the first Registered Marijuana Dispensaries have been approved to operate in Massachusetts. She spoke to the audience, local officials, and planning staff from Berkshire County about the law enacting the medical use and what it requires, how to become a Registered Marijuana Dispensary, and municipal options, among other topics. Please click here to view the session's PowerPoint.


      "Who's Renting Next Door? Airbnb, Similar Services and How Municipalities Are Choosing to Respond," at the American Planning Association's Northeast Planning Conference in Saratoga Springs, New York (6/25/2015)
      • » more info

        • Who's Renting Next Door? Airbnb, Similar Services and How Municipalities Are Choosing to Respond

        "Who's Renting Next Door? Airbnb, Similar Services and How Municipalities Are Choosing to Respond," presented by Karla L. Chaffee, at the American Planning Association's Northeast Planning Conference in Saratoga Springs, New York (6/25/2015)

        Panelists Cathy Lizotte, senior assistant corporation counsel for the City of Boston; George Proakis, AICP, director of planning for Somerville, Massachusetts; and Erich Eiselt, assistant general counsel of the International Municipal Lawyers Association reviewed regulatory approaches to short-term rentals across the nation and how both Boston and Somerville have considered addressing such uses. With the growing popularity of web-based rental platforms like Airbnb, short-term rental regulation is a hot topic in many communities nationwide. The presentation's PowerPoint is available here.


      "How to Avoid and Defend RLUIPA Suits," co-presented with Evan J. Seeman and Michael S. Giaimo (6/8/2015)

      "RLUIPA Defense: Avoiding and Defending RLUIPA Claims," co-presented with Evan J. Seeman and Hiram B. Carey III, spoke at the Touro Law Center's Land Use and Sustainable Development Law Institute's inaugural Bagels with the Boards CLE (2/27/2015)
      • » more info

        • RLUIPA Defense: Avoiding and Defending RLUIPA Claims

        "RLUIPA Defense: Avoiding and Defending RLUIPA Claims," co-presented by Evan J. Seeman, Hiram B. Carey III and Karla L. Chaffee, spoke at the Touro Law Center's Land Use and Sustainable Development Law Institute's inaugural Bagels with the Boards CLE (2/27/2015)

        The program was largely attended by local government lawyers, who learned about techniques that local governments may use to avoid, mitigate, and defend against claims taken under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Carey, Ms. Chaffee, and Mr. Seeman also discussed the basic claims that can be brought under RLUIPA; the state of religious land use litigation since RLUIPA's enactment in 2000; the courts' varying interpretations and treatment of the act across the country, particularly in the Second Circuit; recent cases of interest; and how the Supreme Court's decisions in Burwell v. Hobby Lobby and Holt v. Hobbs could affect the landscape of religious land use litigation. A copy of their PowerPoint presentation is available here.


      "Environmental Risk in the Real World," co-presented with Christopher Foster, participated in a panel discussion on behalf of the Environmental Business Council of New England (EBC) in Boston, Massachusetts (1/15/2015)
      • » more info

        • Environmental Risk in the Real World

        "Environmental Risk in the Real World," co-presented by Karla L. Chaffee and Christopher Foster, participated in a panel discussion on behalf of the Environmental Business Council of New England (EBC) in Boston, Massachusetts (1/15/2015)

        Ms. Chaffee co-moderated the discussion and Mr. Foster was part of the five-person panel, which included representatives of Santander Bank, Wood Partners, AIG, and Woodard & Curran, that provided perspectives on legal, finance, development, environmental insurance, and risk assessment. The discussion focused on two hypothetical (although based on experience) projects: one concerning arsenic in soils associated with historic farming activities and the other concerning PCBs in building materials discovered mid-redevelopment of a historic mill but before final financing.


      "Corporate Environmental & Sustainability Reporting: Environmental and Legal Perspectives," at Massachusetts Chemistry & Technology Alliance, Inc. (MCTA), co-presented with Emilee Mooney Scott (12/12/2013)

      "Planner’s Roundtable: Koontz v. St. Johns River Water Management District," presented at Town of Arlington's Planning and Community Development department, co-presented with Gregory S. Sampson, Gregory S. Sampson and Gregory S. Sampson (11/7/2013)

      "Koontz v. St. Johns River Water Management District," at Southern New Hampshire Planning Commission (SNHPC), co-presented with Dwight H. Merriam (9/19/2013)

      "Religious Land Use and Institutionalized Persons Act Claims: Strategies for Local Governments to Avoid or Defend RLUIPA Actions," co-presented with Dwight H. Merriam, Hiram B. Carey III, Evan J. Seeman and John R. Bauer, William J. Kelleher III, webinar, presented by Strafford Publications (3/13/2012)

    • News

      R+C in the News

      • September 19, 2017

        Karla Chaffee Publishes Article for The Commissioner

        • » more info

          Karla Chaffee Publishes Article for The Commissioner

          Real Estate + Development Group lawyer Karla L. Chaffee penned the article "Getting Ready for Marijuana" for the August 2017 issue of The Commissioner, a publication of the American Planning Association. In the article, Ms. Chaffee answers questions on how communities can deal with the medical and recreational sale of marijuana, focusing on land use impacts and what municipalities are regulating. She also includes the tips that Real Estate + Development Group lawyer Dwight H. Merriam provided to Connecticut Lawyer regarding Connecticut's Act Concerning the Palliative Use of Marijuana. Mr. Merriam advises that communities wanting a voice in local regulation adopt a strong purpose and detailed findings, define everything, and cap the number of facilities. Click here to view the article.

      • June 2, 2017

        Robinson+Cole Lawyers Write Articles for APA Publication

        • » more info

          Robinson+Cole Lawyers Write Articles for APA Publication

          Four Robinson+Cole lawyers are featured authors in the Spring 2017 issue of Planning & Law, a publication of the Planning and Law Division of the American Planning Association. Real Estate + Development Group lawyers Evan J. Seeman, Karla L. Chaffee, and Dwight H. Merriam and Business Litigation Group lawyer John F. X. Peloso coauthored  "RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability." The article discusses the decision in Riverside Church v. City of St. Michael, where a federal court in Minnesota ruled that actions taken under RLUIPA's safe harbor provision absolved a local government of possible RLUIPA violations. The decision may serve as a model for other municipalities across the country faced with RLUIPA litigation. Click here to view the article. The four authors also write for the blog RLUIPA-Defense.

          Mr. Seeman also co-authored "'Content Neutral' Land Use Regulation after Reed: Recent Developments in Signs, Adult Businesses, and Religious Uses." The article examines the implications of the U.S. Supreme Court decision in Reed v. Town of Gilbert, which has made it more difficult to regulate land uses in a content neutral manner that satisfies First Amendment limitations. It considers several forms of expression protected by the First Amendment that may arise in the zoning context, including the regulation of signage, adult entertainment business uses, and religious uses. Click here to view the article. 

          In addition, Ms. Chaffee wrote the article "Is Your Community Ready for Marijuana?" In light of the legalization of marijuana in a handful of states, she explores the question that many communities share: "How can we, at the local level, prepare?" Click here to view the article. 

      • May 16, 2017

        Real Estate Lawyers Participate in ABA RPTE Spring Symposia

        • » more info

          Real Estate Lawyers Participate in ABA RPTE Spring Symposia

          Real Estate + Development Group members Karla Chaffee and Jerome Garciano presented on sustainable development during the ABA's Section of Real Property, Trust and Estate Law's (RPTE) Spring Symposia in Denver, Colorado, on April 20-21, 2017. Ms. Chaffee served as the program chair and moderator and Mr. Garciano was a speaker for the program "Get Ready for a New Wave of Sustainable Development and Learn How It Can Work for Business." The session explored mandatory sustainability ordinances and how they differ from a robust, voluntary sustainability program; as well as incentive-based regulations, including tax incentives, and whether or not they are still viable tools in promoting change. Other panelists included Sonrisa Lucero and Jerry Tinianow of the City of Denver Office of Sustainability.

      • February 28, 2017

        Robinson+Cole Lawyers Examine Litigation Trends in RLUIPA Land Use Claims

        • » more info

          Robinson+Cole Lawyers Examine Litigation Trends in RLUIPA Land Use Claims

          Business Litigation Group lawyer John F. X. Peloso Jr. and Real Estate + Development Group lawyers Karla L. Chaffee and Evan J. Seeman were panelists for the webinar "RLUIPA Land Use Claims—Latest Litigation Trends and Key Case Law Developments," presented on February 22, 2017. They reviewed the types of claims being raised in RLUIPA litigation and how the courts have responded, the steps local governments can take to avoid RLUIPA challenges, and effective strategies for municipalities in defending RLUIPA claims. Click here to view the PowerPoint for the session. Mr. Peloso, Ms. Chaffee, and Mr. Seeman are contributing authors of the RLUIPA Defense blog.

      • November 3, 2016

        Karla Chaffee Appointed to Medford Zoning Board of Appeals

        • » more info

          Karla Chaffee Appointed to Medford Zoning Board of Appeals

          Real Estate + Development Group lawyer Karla L. Chaffee has been appointed to the Board of Appeals of the City of Medford, Massachusetts. She will serve a three-year term. The board, a quasi-judicial body, hears and makes decisions on matters that come before it, including special permits and variances, according to the Massachusetts General Laws and the city's bylaws.

      • October 27, 2016

        Robinson+Cole Lawyers Present at SNEAPA 2016 Conference

        • » more info

          Robinson+Cole Lawyers Present at SNEAPA 2016 Conference

          Real Estate + Development Group lawyers Dwight H. Merriam, Brian R. Smith, and Karla L. Chaffee participated in the SNEAPA 2016 Conference, held on October 20 and 21, 2016, in Worcester, Massachusetts. On October 20, Ms. Chaffee introduced the opening keynote speaker, Jim Braude, who hosts Greater Boston, a news and analysis show on WGBH Channel 2 and co-hosts Boston Public Radio on Boston’s local NRP station, 89.7, WGBH. Robinson+Cole was the sponsor of this keynote address. Click here to see photos. Also on October 20, Mr. Merriam moderated the session "Recent Developments in Land Use Law." Click here for his PowerPoint and here for his resource materials. On October 21, Ms. Chaffee and Mr. Smith participated in the session "Food and the First Amendment," and Mr. Smith moderated the session "Ethics for Planners in the Digital Age."

          The Southern New England American Planning Association (SNEAPA) hosts the conference annually. This year, the event drew over 600 participants from the areas of law, planning, architecture, and engineering, among others.

      • October 4, 2016

        Land Use Litigation Lawyers Present at Touro Law Center

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          Land Use Litigation Lawyers Present at Touro Law Center

          Land use litigation lawyers Ted Carey, Karla Chaffee, and John Peloso presented an update on the Religious Land Use and Institutionalized Persons Act (RLUIPA) for Touro Law Center's Institute for Land Use & Sustainable Development Law on September 23, 2016. The presenters offered techniques for local governments to use in avoiding, mitigating, and defending against RLUIPA claims. They also discussed basic claims that can be brought under RLUIPA, the current state of religious land use litigation, and the courts' varying interpretation and treatment of RLUIPA across the country, particularly in the Second Circuit. 

      • July 20, 2016

        Karla Chaffee Appointed to Leadership Position of ABA’s RPTE Section

        • » more info

          Karla Chaffee Appointed to Leadership Position of ABA’s RPTE Section

          Land use lawyer Karla L. Chaffee was named vice-chair of the American Bar Association’s Land Use and Zoning Committee of the Section of Real Property, Trust and Estate Law for the 2016 to 2017 year.

          The Real Property, Trust and Estate Law Section is a leading national forum for lawyers and currently has around 22,000 members. The Land Use and Zoning Committee focuses on governmental regulation (both judicially and legislatively initiated) of the use of real property, including substantive and procedural regulations.

      • May 4, 2016

        Land Use Lawyers Participate in APA National Planning Conference

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          Land Use Lawyers Participate in APA National Planning Conference

          Lawyers in Robinson+Cole's Land Use Group attended the American Planning Association's (APA) National Planning Conference in Phoenix, Arizona, held from April 2 to 4, 2016. Evan J. Seeman, Dwight H. Merriam, FAICP, and Brian R. Smith served as panelists.

          The April 3 sessions included the following: 

          • Mr. Seeman – "FHA, RLUIPA & Telecommunications Act Compliance": Click here to see the PowerPoint.
          • Mr. Merriam – "The Ethical Planning Practitioner": Click here to see the PowerPoint.
          • Mr. Merriam – "Planning for Water-Neutral Development": Click here to see the PowerPoint.

          The April 4 sessions included the following:

          • Mr. Smith – "Planning As If 'Black Lives Matter'": Click here to see the PowerPoint. 
          • Mr. Merriam – "Social Equity and Planning in the 21st Century: 2016 Diversity Summit": Click here and here to see the PowerPoints. Click here to view a photo of the participants.
          • Mr. Merriam – "Design Practices That Help Build Thriving Communities": Click as follows to view the PowerPoints – here, here, here, and here.
          • Mr. Merriam – "Planning Ethics: The Reality TV Show": Click the links to see the presentation videos – Hypothetical 1, Hypothetical 2, and Hypothetical 3.

          On the lighter side, Robinson+Cole and the Massachusetts, Connecticut, and Northern New England chapters of the APA jointly hosted the New England Planning Reception on April 3. Held at Mother Bunch Brewing in Phoenix, conference attendees had a chance to network and relax. Karla L. Chaffee and Katherine C. Bailey helped to plan the event.

      • April 14, 2016

        Robinson+Cole Lawyers Pen Articles for Planning & Law Newsletter

        • » more info

          Robinson+Cole Lawyers Pen Articles for Planning & Law Newsletter

          Land use lawyers Karla L. Chaffee and Evan J. Seeman wrote articles for the Spring 2016 issue of Planning & Law, a publication of the American Planning Association's Planning and Law Division. In her article, "To Regulate or Not to Regulate? Short-Term Rentals and the Hard Questions Municipalities Are Starting to Ask," Ms. Chaffee discusses concerns of some municipalities regarding short-term rental platforms, such as Airbnb, HomeAway, VRBO, and FlipKey. Many community planners question whether these short-terms rentals can and should be regulated. She looks into the unintended consequences of short-term rentals, their positive side, and whether they should be regulated. To find out more, click here to read the article.

          In his article, "They Can Take Our Raisins, But They Will Never Take Our Freedom: The Supreme Court 'Raisin Case' Part Deux," Mr. Seeman discusses the case Horne v. Department of Agriculture, where the Supreme Court rules that the federal government's requirement that raisin growers give up a percentage of their crops free of charge is an unconstitutional taking of property under the Fifth Amendment. He states, "While the regulation of raisin sales does not involve traditional planning principles or even land use, it is an important decision that could lead to new challenges for local governments in land use regulation." Click here to read the entire article.  

      • March 8, 2016

        Land Use Lawyers Negotiate Settlement Allowing Soup Kitchen to Remain Open

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          Land Use Lawyers Negotiate Settlement Allowing Soup Kitchen to Remain Open

          For more than three years, land use lawyers Brian R. Smith and Evan J. Seeman, on a pro bono basis, have represented St. Vincent de Paul Place, Norwich, Inc., and The St. Joseph's Polish Roman Catholic Congregation. St. Vincent, a ministry of the Congregation, operates a soup kitchen and food pantry at the site of a former parochial school in Norwich, Connecticut. After local administrative hearings and three federal lawsuits, including a successful trip to the U.S. Court of Appeals for the Second Circuit, Mr. Smith and Mr. Seeman negotiated a favorable settlement that will allow St. Vincent to continue to remain open to provide food, shelter, and religion to hundreds of individuals daily. The federal lawsuits challenged the City of Norwich's actions denying a special permit and use variance to allow St. Vincent to continue to operate, as well as notices of violation that had been issued by the City. Under the settlement, the City will issue a special permit to St. Vincent and the Congregation to ensure that the poor and needy receive necessary food and care. Other lawyers who have assisted in this matter include Kathleen E. Dion, Nuala E. Droney, Karla L. Chaffee, Sorell E. Negro, Kelly Frye Barnett, and Jonathan H. Schaefer.

          Click here to view an article about the settlement in The Bulletin.


           

      • March 2, 2016

        Karla Chaffee Presents on Marijuana Issues at MAPD Lunch N Learn

        • » more info

          Karla Chaffee Presents on Marijuana Issues at MAPD Lunch N Learn

          In a program focusing on issues resulting from the November 2012 ballot initiative legalizing medical marijuana in Massachusetts, land use lawyer Karla L. Chaffee spoke on "Planning for Medical Marijuana Facilities in Massachusetts" at a Lunch N Learn sponsored by the Massachusetts Association of Planning Directors. Held on February 19, 2016, in Haverhill, Massachusetts, Ms. Chaffee's discussion included the Department of Public Health's (DPH) role in regulating Registered Marijuana Dispensaries (RMD), how local zoning bylaws can supplement state standards, and the current status of RMD licensing at DPH. She also addressed how the current Massachusetts ballot initiative to legalize recreational marijuana could transform all of the above.

      • February 24, 2016

        Karla Chaffee Speaks on Marijuana Legalization Challenges at ABA Committee Meeting

        • » more info

          Karla Chaffee Speaks on Marijuana Legalization Challenges at ABA Committee Meeting

          Karla L. Chaffee was the featured speaker at the Land Use Committee Meeting of the ABA's State and Local Government Law Section on February 12, 2016. In the session "Green New World: Challenges of Marijuana Legalization," Ms. Chaffee addresses the conflicts arising between federal and state law and how many municipalities in these states that have legalized medical marijuana contend with issues involving planning and zoning for marijuana dispensaries. Presently, 23 states and the District of Columbia have laws legalizing medical marijuana.

          Ms. Chaffee is a land use lawyer in Robinson+Cole's Boston office.

      • February 4, 2016

        Robinson+Cole RLUIPA Defense Lawyers Featured in News

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          Robinson+Cole RLUIPA Defense Lawyers Featured in News

          Dwight H. Merriam, Evan J. Seeman, and Karla L. Chaffee, RLUIPA defense lawyers, were interviewed by a reporter for KPBS Public Broadcasting, who wrote the feature news item "Opposition Builds Against San Diego Televangelist Project," which appeared on January 29, 2016. (KPBS Public Media provides television, radio, and digital programming in San Diego, California). The article presents the story of celebrity televangelist Morris Cerullo in his quest to build an 18-acre mixed-use development in Mission Valley and the opposition by several neighborhood organizations to that development. Mr. Cerullo claims that his project is protected under RLUIPA. Mr. Merriam is quoted in the piece and speaks to the issue by stressing that the law most often applies to places of religious celebration, not commercial projects like this development. He adds this: "Would a large-scale, mixed-use development possibly be under the umbrella, the protection of the Religious Land Use and Institutionalized Persons Act? It's unlikely, is the short answer." KPBS featured the interview online, in its radio broadcast, and on television.  

          Also, Karla L. Chaffee was quoted in the Cook County Record article "Illinois nuns' lawsuit vs McHenry County over zoning denial could have local, national implications," published on January 28, 2016. The article highlights a case where a county in Illinois rejected the proposal of an order of Catholic nuns to expand its convent facilities. The outcome could have far-reaching implications in yet another situation where religious adherents and organizations contend with their rights. In commenting on the case, Ms. Chaffee says that "[t]he Religious Land Use and Institutionalized Persons Act (RLUIPA) has and continues to have a large impact on the planning world and municipal land use law," and that "RLUIPA provides extra-constitutional protections to religious land use applicants and institutionalized persons and grants prevailing plaintiffs the right to recover their attorneys' fees." Please click here to read the full article. 

          Mr. Merriam, Mr. Seeman, and Ms. Chaffee are co-authors of the blog RLUIPA Defense, a resource for those seeking to avoid or defend against claims taken under RLUIPA.

      • December 18, 2015

        Boston Lawyers Participate in 2015 WomenUp Event

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          Boston Lawyers Participate in 2015 WomenUp Event

          Boston lawyers Karla L. Chaffee, Katherine C. Bailey, J. Michael Wirvin, Kathleen M. Porter, and Matthew J. Lawlor, together with clients and friends of the firm, attended the 2015 WomenUp: Local Women of Influence Celebration breakfast in Boston on December 8, 2015. Sponsored by the Boston Business Journal, Webster Bank, Care.com, Robinson+Cole, and Emirates Airlines, the event recognized 23 Boston-area women of influence, business leaders, innovators, and visionaries, who have demonstrated entrepreneurial success at their companies and in the community. Before an audience of more than 300 professionals and entrepreneurs, business and intellectual property lawyer Kathleen Porter provided an overview of Robinson+Cole and then introduced four of the honorees. 

          The national WomenUp.org's mission is "to increase women's role in the global economy by providing leadership training, mentorship, and support to girls and women through every stage of their lives and careers."

      • November 3, 2015

        Karla Chaffee Speaks to Planning Commission about Medical Marijuana Facilities

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          Karla Chaffee Speaks to Planning Commission about Medical Marijuana Facilities

          Land use lawyer Karla L. Chaffee presented the session "Planning for Medical Marijuana Facilities in Massachusetts" to the Berkshire County Regional Planning Commission on October 29, 2015, a hot topic for many communities since the first Registered Marijuana Dispensaries have been approved to operate in Massachusetts. She spoke to the audience, local officials, and planning staff from Berkshire County about the law enacting the medical use and what it requires, how to become a Registered Marijuana Dispensary, and municipal options, among other topics. Please click here to view the session's PowerPoint.

      • July 9, 2015

        Land Use Lawyer Moderates Panel on Short-Term Rental Regulation

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          Land Use Lawyer Moderates Panel on Short-Term Rental Regulation

          Boston land use lawyer Karla L. Chaffee moderated the panel discussion "Who's Renting Next Door? Airbnb, Similar Services and How Municipalities Are Choosing to Respond" at the American Planning Association's Northeast Planning Conference, held June 25-26, 2015, in Saratoga Springs, New York. Panelists Cathy Lizotte, senior assistant corporation counsel for the City of Boston; George Proakis, AICP, director of planning for Somerville, Massachusetts; and Erich Eiselt, assistant general counsel of the International Municipal Lawyers Association reviewed regulatory approaches to short-term rentals across the nation and how both Boston and Somerville have considered addressing such uses. With the growing popularity of web-based rental platforms like Airbnb, short-term rental regulation is a hot topic in many communities nationwide. The presentation's PowerPoint is available here.

           

      • July 6, 2015

        Land Use Lawyers Present IMLA Webinar on Avoiding and Defending RLUIPA Suits

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          Land Use Lawyers Present IMLA Webinar on Avoiding and Defending RLUIPA Suits

          Robinson+Cole land use lawyers Evan J. Seeman and Karla L. Chaffee presented the webinar "How to Avoid and Defend RLUIPA Suits" on June 8, 2015. Moderated by Michael S. Giaimo and hosted by the International Municipal Lawyers Association (IMLA), the session centered on the different approaches developed by the courts to address substantial burden and equal terms claims brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Because RLUIPA is a source of conflict and potential liability for local governments, especially with the burden of protracted, complex civil litigation and attorneys' fees, Mr. Giaimo, Mr. Seeman, and Ms. Chaffee discussed the latest interpretations and applications of RLUIPA by the courts and provided practical pointers on how to avoid liability. Click here to view the PowerPoint for the webinar. Click here to view the resource list.

      • May 15, 2015

        Robinson+Cole Is a Sponsor of APA National Planning Conference

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          Robinson+Cole Is a Sponsor of APA National Planning Conference

          Members of Robinson+Cole's Land Use Group attended the American Planning Association's (APA) National Planning Conference, held from April 18 to 21, 2015, in Seattle, Washington.

          On April 18, Dwight H. Merriam participated in two one-hour resume clinic sessions counseling eight planners, mostly soon-to-graduate students, on their resumes. On April 21, he moderated the Bettman Law Symposium session "Regulating the Neighborhood Dispensary" with panelists Tina Axelrad, assistant zoning administrator of the City and County of Denver's Department of Community Planning & Development/Development Services; Jeremy Nemeth, associate professor and chair of the Department of Planning and Design at the University of Colorado Denver; and John Schochet, deputy chief of staff of Seattle's City Attorney's Office.

          On April 19, Sorell E. Negro moderated "Urban Agriculture and the Law," which was selected as the APA's Planning and Law Division's by-right session for this year's conference. The program featured as speakers Carrie Richter, land use lawyer with Garvey Schubert Barer of Portland, Oregon; David Silverman, land use lawyer and certified planner with Ancel Glink of Chicago, Illinois; and Nicole Civita, who directs the Food Resiliency Initiative and Food Recovery Project at the University of Arkansas School of Law and is also of counsel with Foscolo & Handel PLLC, the Food Law Firm. Mr. Silverman and Ms. Civita are also authors of the recent book Urban Agriculture, co-edited by Ms. Negro and published by the ABA.

          Evan J. Seeman, Karla L. Chaffee, and Dwight H. Merriam organized and attended the East Coast Meets West Coast Reception, held on April 19. The reception was hosted jointly by Robinson+Cole and the Massachusetts and Connecticut APA chapters. Also in attendance were Brian R. Smith and Sorell E. Negro. Approximately 70 people from the planning field in New England and beyond attended the reception, enjoying extraordinary views of Mount Rainier.

          Robinson+Cole was a sponsor of this event. Please click here to see a photo of R+C lawyers at the conference.

      • March 6, 2015

        Land Use Lawyers Present at Touro Law's Bagels with the Boards CLE

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          Land Use Lawyers Present at Touro Law's Bagels with the Boards CLE

          Land use lawyers Hiram B. Carey, Karla L. Chaffee, and Evan J. Seeman were the featured speakers at the Touro Law Center's Land Use and Sustainable Development Law Institute's inaugural Bagels with the Boards CLE on February 27, 2015. The program, "RLUIPA Defense: Avoiding and Defending RLUIPA Claims," was largely attended by local government lawyers, who learned about techniques that local governments may use to avoid, mitigate, and defend against claims taken under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Carey, Ms. Chaffee, and Mr. Seeman also discussed the basic claims that can be brought under RLUIPA; the state of religious land use litigation since RLUIPA's enactment in 2000; the courts' varying interpretations and treatment of the act across the country, particularly in the Second Circuit; recent cases of interest; and how the Supreme Court's decisions in Burwell v. Hobby Lobby and Holt v. Hobbs could affect the landscape of religious land use litigation. A copy of their PowerPoint presentation is available here.

      • February 4, 2015

        Boston Lawyers Present on Environmental Risk

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          Boston Lawyers Present on Environmental Risk

          Land use lawyer Karla L. Chaffee and environmental and utilities lawyer Christopher Foster participated in a panel discussion, "Environmental Risk in the Real World," on behalf of the Environmental Business Council of New England (EBC) on January 15, 2015, in Boston, Massachusetts. Ms. Chaffee co-moderated the discussion and Mr. Foster was part of the five-person panel, which included representatives of Santander Bank, Wood Partners, AIG, and Woodard & Curran, that provided perspectives on legal, finance, development, environmental insurance, and risk assessment. The discussion focused on two hypothetical (although based on experience) projects: one concerning arsenic in soils associated with historic farming activities and the other concerning PCBs in building materials discovered mid-redevelopment of a historic mill but before final financing.

      • August 14, 2014

        Robinson+Cole Lawyers Host Networking Event at 2014 ABA Annual Meeting

      • March 18, 2014

        Boston Lawyer Appointed to Local Conservation Commission

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          Boston Lawyer Appointed to Local Conservation Commission

          Land use lawyer Karla L. Chaffee was recently appointed to serve on the City of Medford's Conservation Commission. Conservation Commissions in Massachusetts are the local environmental agencies responsible for protecting the land, water, and biological resources of their communities. Commissioners review permit applications to do work in and near wetlands, flood plains, banks, riverfront areas, beaches, and surface waters.

      • January 9, 2014

        Environmental and Utilities Lawyers Speak at MCTA Meeting

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          Environmental and Utilities Lawyers Speak at MCTA Meeting

          Environmental and Utilities Practice Group lawyers Karla L. Chaffee and Emilee Mooney Scott spoke at the Board of Directors Meeting of Massachusetts Chemistry & Technology Alliance, Inc. (MCTA) on December 11, 2013. The presentation provided environmental and legal perspectives regarding corporate environmental and sustainability reporting, an issue that affects producers, suppliers, and downstream users of many consumer products. Member companies of MCTA include industries that manufacture, distribute, and use chemical technologies as well as the providers of professional and other services to those industries. Please click here to view their presentation.

      • November 25, 2013

        Boston LandLaw Lawyers Speak on Koontz to Planning Community

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          Boston LandLaw Lawyers Speak on Koontz to Planning Community

          LandLaw Section lawyers Karla L. Chaffee and Gregory S. Sampson spoke on the Supreme Court decision Koontz v. St. Johns River Water Management District at a planners' roundtable hosted by the Town of Arlington, Massachusetts, for members of the Greater Boston planning community, on November 8, 2013. Roundtable attendees included planners and land use professionals from Arlington, Brookline, Chelsea, and Newton. The Koontz case is of particular interest to the land use community because it clarifies certain provisions regarding the Fifth Amendment's takings clause as to local land use decisions.
      • October 7, 2013

        R&C Lawyers Speak on Koontz Issues at SNHPC Roundtable

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          R&C Lawyers Speak on Koontz Issues at SNHPC Roundtable

          LandLaw Section lawyers Karla L. Chaffee and Dwight H. Merriam spoke on the Supreme Court decision Koontz v. St. Johns River Water Management District at the Planners' Roundtable of the Southern New Hampshire Planning Commission (SNHPC) on September 19, 2013. SNHPC serves as the coordinating agency for the planning initiatives of 14 communities in the region. Roundtable attendees included planners and land use professionals from SNHPC's region, which comprises the City of Manchester, New Hampshire. The Koontz case is of particular interest to the planning community because it clarifies the application of the Fifth Amendment's takings clause to local land use decisions.

          Please click here to view their PowerPoint presentation and click here to view their resource list.
      • July 11, 2012

        Greater Boston Legal Services Honors Robinson & Cole Associates

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          Greater Boston Legal Services Honors Robinson & Cole Associates

          The associates in Robinson & Cole’s Boston office received a group award at an event on June 21, 2012, for 100 percent participation in the 2012 Greater Boston Legal Services Associates Drive. Environmental and utilities associate Karla L. Chaffee and land use associate Timothy C. Twardowski led the firm’s participation.

          The 2012 drive raised more than $315,000, which exceeded the amount raised in 2011. The drive enables Greater Boston Legal Services to retain four full time family law attorneys to provide legal service to low-income domestic violence survivors. Greater Boston Legal Services provides free legal assistance and representation on civil matters to hundreds of the neediest residents in Boston and 31 surrounding cities and towns.
      • March 30, 2012

        Trial and Land Use Lawyers Present Webinar on Religious Land Use and Institutionalized Persons Act

      • December 15, 2011

        Boston Attorneys Coach Students to “Stand Up for Your Rights”

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          Boston Attorneys Coach Students to “Stand Up for Your Rights”

          For eight weeks, attorneys from Robinson & Cole’s Boston office, Kendra Berardi, Karla Chaffee, and Clive Martin, coached middle school students from the Epiphany School in Dorchester, Massachusetts, in the Discovering Justice program “Stand Up for Your Rights.” The program culminated on the evening of November 15, 2011, with teams of students, including ten from the Epiphany School, delivering oral arguments in the historic Oliver Wendell Holmes courtroom in the John Adams courthouse before Supreme Judicial Court and Appeals Court justices. The teams argued a hypothetical case in which a middle school student sues his school district after he is searched by the principal looking (unsuccessfully) for evidence of graffiti-writing. The students overcame their nervousness and unfamiliarity to deliver excellent arguments, which were then carefully and generously critiqued by the presiding judge, the Honorable Gary Katzmann of the Massachusetts Appeals Court. Click to view a picture of the students, their teacher Dwight Simon, the three R&C coaches, and Judge Katzmann.
      • March 14, 2011

        Robinson & Cole Attorneys Walk to the Hill in Boston

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          Robinson & Cole Attorneys Walk to the Hill in Boston

          Business litigation attorney Katherine S. Kayatta captained the Robinson & Cole team of attorneys Lawrence P. Heffernan, Christopher S. Pitt, and Karla L. Chaffee for the annual Walk to the Hill for Civil Legal Aid in Boston on February 22, 2011. The firm was a sponsor of the event involving more than 500 attorneys who met with legislators to encourage them to maintain level funding for civil legal aid at $9.5 million for the 2012 fiscal year budget. Click here to view a photo from the Walk to the Hill.
      • December 2, 2010

        National Association of Realtors® honors LandLaw Partner and Firm

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          National Association of Realtors® honors LandLaw Partner and Firm

          LandLaw partner Brian W. Blaesser and Robinson & Cole were honored by the National Association of Realtors® (NAR) at its national conference in November. Mr. Blaesser and his R&C team were recognized for their 12 years of work on behalf of NAR through programs developed to address issues important to Realtors® and the real estate industry. These programs include the Land Use Initiative, through which the team provides analyses of proposed state and local regulatory initiatives, the Customized State Legislation Program, through which the team prepares Realtor®-sponsored state legislation, the Smart Growth Quarterly e-Newsletter, which provides a 50-state update of pending smart growth-related legislation and initiatives at the state and local levels, and the Coordinating Realtor® Campaign, NAR’s national legislative campaign to address state real estate transfer taxes. The Robinson & Cole NAR team of attorneys and land use analysts is drawn from across the firm’s offices and includes Karla L. Chaffee, Anne F. Campbell, Amanda S. Eckhoff, Michael Giaimo, Michele L. Maresca, Linnea C. McCaffrey, Gregory S. Sampson, Timothy C. Twardowski and George W. Watson III.

          While at the conference, Mr. Blaesser met with NAR’s leadership to discuss Robinson & Cole’s work for NAR and was asked to address the controversial issue of private transfer fees (PTFs), which are fees required to be paid to a private third party upon the sale or transfer of real property. They are typically imposed in the form of a covenant recorded against the property. NAR and the American Land Title Association (ALTA) have opposed PTFs on the ground that they constitute an unreasonable restraint on the transferability of real property. The Federal Housing Administration (FHA) acted to prohibit issuance of FHA insurance on properties with PTFs in June 2010. The Federal Housing Finance Agency (FHFA) recently proposed guidance that would instruct Fannie Mae and Freddie Mac not to purchase mortgages secured by properties that are encumbered by private transfer fees.

      • July 13, 2010

        West Publishing Selects Writings by Land Use Lawyers for its Annual Compendium of Leading Articles

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          West Publishing Selects Writings by Land Use Lawyers for its Annual Compendium of Leading Articles

          Karla L. Chaffee and Dwight H. Merriam have had their article, "Six Fact Patterns of Substantial Burden in RLUIPA: Lessons for Potential Litigants," republished as one of the leading articles of the last year in West's 2010 Zoning and Planning Law Handbook, the 30th year of its annual publication. The article was originally published in the Albany Government Law Review. Mr. Merriam also had his article, "Regulating Backyard Wind Turbines," from the Vermont Journal of Environmental Law republished in the handbook.
      • June 3, 2010

        Article by Robinson & Cole Attorney Published in American Bar Association Real Estate Litigation Newsletter

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          Article by Robinson & Cole Attorney Published in American Bar Association Real Estate Litigation Newsletter

          The American Bar Association has published Karla L. Chaffee’s article "Inconsistency and Uncertainty Continue to Haunt RLUIPA Litigation" in the Spring 2010 issue of Real Estate Litigation Newsletter. Chaffee, a Robinson & Cole land use and environmental attorney, discusses the need by municipalities and religious organizations for clarification of essential RLUIPA terms.
      • May 13, 2010

        Robinson & Cole Attorney Has Law School Note Republished

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          Robinson & Cole Attorney Has Law School Note Republished

          The Anti-Discrimination Center has republished land use and environmental attorney Karla L. Chaffee’s law school note “Massachusetts's Chapter 40R: A Model for Incentive-Based Land Use Planning and Affordable Housing Development.” Ms. Chaffee authored this note during her second year at Vermont Law School. To view a copy, click here.

      R+C News Releases

      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2016. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 23 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

        • View article