Lawrence Heffernan

Lawrence P. Heffernan

Partner

Lawrence P. Heffernan

Partner

  • Overview

    Biography

    Lawrence Heffernan focuses on litigation in the real estate, title insurance, banking, and commercial arenas. Larry has nearly 40 years of trial and appellate experience in cases involving complex real estate issues, development, fraud, insurance coverage, banking, and commercial disputes. He represents a wide range of clients, including developers, property owners, landlords, lessors, lessees, title insurance companies, and banks. He serves as chair of the firm’s Real Estate Litigation and Title Insurance Team, and he is a member of its Business Litigation Group.

    Real Estate Litigation

    Larry handles litigation of real property rights, including disputes related to ownership, leasing, development, land use, condominiums and waterfront rights. He also assists clients with appeals of zoning decisions. He has obtained positive results for numerous clients, such as securing an expedited judgment defeating a challenge to the development of a hotel in the Seaport District. Larry also obtained a favorable judgment after trial for a large group of homeowners in a dispute with a neighboring municipality over the location of a subdivision boundary and town line.

    Title Insurance Litigation

    Larry represents title insurance companies in litigation of all aspects of title insurance coverage, from exclusions to loss to insured closing letters and extracontractual claims. He is also retained by title insurance companies to defend insured owners and lenders in establishing the validity and priority of their interests. Larry obtained a trial judgment affirming both title and boundaries for a 120-acre subdivision in a case which marshalled over a century’s worth of complex title records and boundary evidence. In a case challenging the existence and validity of a multi-million dollar condominium complex, he persuaded the Massachusetts Supreme Judicial Court to overturn an Appeals Court’s ruling and affirm a condominium developer's retention of the right to remove land from a condominium development.

    Banking Litigation

    Larry assists banks, lenders and financial institutions with litigation, including disputes related to mortgages and foreclosures, predatory lending, fraud, and checking and wire transfers. He defeated a class certification in a putative class action against law firms and major mortgage lenders for allegedly wrongful foreclosures, which protected clients from tens of millions of dollars in potential exposure for more than 9,000 foreclosures. His successes also include dismissal of a regional bank from a multi-district class action for hundreds of millions of dollars in an alleged Ponzi scheme.

    Larry frequently speaks about real estate, title insurance, and banking litigation matters before bar and business groups across the country. He writes regularly on these topics, and he contributes to the firm’s Massachusetts Appellate Blog. Larry serves on the Board of Directors of Greater Boston Legal Services, which provides civil legal assistance to the disadvantaged in the Boston area.

    Larry has been selected to the Massachusetts Super Lawyers list from 2004 to 2022. He is AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Litigation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.).

  • Experience
    • Experience

      Experience

      • Obtained dismissal of a regional bank from a multi-district class action for hundreds of millions of dollars in an alleged Ponzi scheme.

      • Defeated class certification action against law firms and major mortgage lenders for allegedly wrongful foreclosures that would have involved over 9,000 foreclosures and tens of millions of dollars in exposure. The United States Court of Appeals affirmed the denial of class certification.
      • Marshalling over 100 years of complex title records and boundary evidence and testimony of surveying and title experts, obtained judgment for a developer following trial affirming title to and boundaries of 120-acre subdivision.
      • Represented title insurers and lenders in litigation, resolution, and recoupment of multimillion-dollar mortgage frauds, overfinancing scams, and defalcations.
      • Defended developers of residential subdivisions against alleged violations of subdivision convenants and disputes over subdivision mortgages.
      • Represented and counseled title insurers on coverage of multimillion-dollar claims for condominium challenges, mechanic's liens, insured closing letters, zoning disputes, tender of the policy limits, and bad faith.
      • Represented and counseled commercial landlord in successful litigation and resolution of dispute over exercise of option for an easement to a large bloc of parking spaces for hundreds of thousands of dollars.

      • Successfully resolved and settled suit for banking client involving the deposit and wire transfer of counterfeit cashier's check for hundreds of thousands of dollars.

      • Obtained judgment after trial for a beachfront owner against claims of adverse possession and prescriptive easement.
      • Convinced the Appeals Court of Massachusetts that the absence of a connection to a town sewer system did not constitute a title defect covered by the title insurance policy despite a municipal lien certificate that showed a sewer charge. Kokinis v. First American Title Insurance Co., 68 Mass. App. Ct. 1106 (2007)
      • Obtained jury verdict for landowner on claims of nuisance, trespass, and civil rights violations.
      • Established that the filing of a lis pendens does not constitute slander of title. Powell v. Stevens, trustee, 69 Mass. App. Ct. 87 (2007)
      • Defended condominiums and unit owners against challenges to validity of phasing and zoning of condominiums.

      • Persuaded the Massachusetts Supreme Judicial Court to overturn an Appeals Court decision, affirming a condominium developer's retention of the right to remove land from a condominium. Queler, et al. v. Skowron, et al., 439 Mass. 304 (2002)

      • Defended lenders against claims of predatory lending and violations of affordable housing covenants.
      • Counseled a national real estate developer in a dispute with the master developer of the largest master-planned, mixed-use development in Massachusetts.
      • Defended a large group of homeowners against a claim by a neighboring municipality over the location of a town line/subdivision boundary and obtained a favorable judgment following trial.
      • Defended owners, lenders, and title insurers against claims of forged deeds, mortgages, and discharges of liens.
      • Counseled closely held corporation in the litigation and resolution of a dispute concerning the buyout and employment termination of a shareholder/officer.
      • Successfully defended a $10 million mixed-use (including 134 residential units and 5,000 square feet of retail space) urban revitalization project against a lawsuit by abutters seeking to halt the development.
      • Obtained judgments for title insurers in jury and bench trials on coverage, bad faith, and recoupment claims.

      • Obtained favorable jury verdict for title insurance company named as a defendant in a case involving an allegedly forged release of a mechanic’s lien on a condominium development. 

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    • Professional Associations

      Professional Associations

      American Bar Association
      Tort Trial and Insurance Practice Section

      American Bar Association
      Former Chair, Title Insurance Litigation Committee, Tort Trial and Insurance Practice Section

      American Land Title Association (1987 - present)

      Boston Bar Association

      Massachusetts Bar Association

      New England Land Title Association
      Member
      Board of Directors (1993 - 2022)

      Real Estate Bar Association for Massachusetts
      Past Co-chair of Real Estate Litigation Committee

      The Abstract Club
      Member, Executive Committee
    • Honors + Awards

      Honors + Awards

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the area of Litigation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Selected to the Massachusetts Super Lawyers list from 2004 to 2022.

      Member of the Massachusetts Lawyers Weekly Hall of Fame, 2023

    • Community Involvement

      Community Involvement

      Greater Boston Legal Services
      Member, Executive Committee
      Board of Directors
  • NEWS + PRESS
    • Publications

      Publications

      "Declarants' Reservation of Rights in Condominiums: The What, When, Where and How," published in REBA News (October 10, 2018)

      "Massachusetts Appeals Court Limits Application of Equitable Subrogation," published in REBA News, co-authored with Danielle Andrews Long (February 7, 2018)

      "SJC Reinforces the Value of Attorneys' Affidavits in Curing Defective Acknowledgements," published in REBA News, co-authored with Danielle Andrews Long (September 2016)

      "Title Insurance Not a Bar to Equitable Subrogation in Massachusetts," published in The Title Insurance Law Newsletter (12/1/2015)

      "Massachusetts High Court Considers Modernizing State Lease Law," co-authored with Danielle Andrews Long, John T. Ronayne and Kendra L. Berardi, published in the ABA's Real Estate Litigation newsletter (5/20/2013)

      "Massachusetts Rejects 'In for One, In for All' in Title Insurance Claims," published in Title Insurance Litigation Committee Newsletter (Spring 2013)

      "Tender of Loss and Termination of Title Insurance Policy Obligations," published in ABA TIPS Title Insurance Litigation Committee Newsletter (Spring 2012)

      "Title Void When Lender Foreclosed before Recording Assignment of Mortgage," published in The Title Insurance Law Newsletter (12/2011)

      "Massachusetts Supreme Judicial Court Rules on Foreclosure by Mortgage Assignee under a Securitization Trust," published in The Title Insurance Law Newsletter, republished in the March 2011 edition of REBA News, the publication of the Real Estate Bar Association of Massachusetts (2/2011)

      "New Land Court Rules of Procedure: A Primer," published in Real Estate Bar Association Newsletter (Summer 2005)

      "SJC Confirms Developers' Right to Retain Interest in Condo Land," published in Banker & Tradesman, co-authored with Clive D. Martin (4/28/2003)

      "Real Estate Description and Surveys," published in Real Estate Title Practice in Massachusetts, co-authored with Mary L. Cataudella (2003)

      "Liability of the Closing Attorney to Non-Clients in Real Estate Transactions," published in The Conveyancer, newsletter of the Massachusetts Conveyancers Association (MCA) (Spring 2001)

      "Equitable Subrogation Unsettled," published in Title News (January/February 1999)

      "Equitable Subrogation Revisited," published in The Best of MCLE Journal, presented at American Bar Association's (ABA) TIPS Title Insurance Litigation Committee, Massachusetts Bar Association's Property Law Section, and New England Land Title Association's (NELTA) Spring 1998 Title Insurance Claims Seminar (1999)
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        • Equitable Subrogation Revisited

        "Equitable Subrogation Revisited," published in The Best of MCLE Journal, authored by Lawrence P. Heffernan, presented at American Bar Association's (ABA) TIPS Title Insurance Litigation Committee, Massachusetts Bar Association's Property Law Section, and New England Land Title Association's (NELTA) Spring 1998 Title Insurance Claims Seminar (1999)
        Litigation Real Estate Disputes - MCLE 1999

      "The Timing of Loss in Title Insurance Claims," published in Title Insurance Litigation Committee Newsletter (Spring 1998)

      "Title Insurance and the Duty to Search," published in Massachusetts Lawyers Weekly (9/1997)

    • Presentations

      Presentations

      "Declarants' Reservation of Rights in Condominiums: The What, When, Where and How," at REBA Presentation (September 26, 2018)

      "Just When You Thought It Couldn't Get Any Worse, Pinti v. Emigrant Mortgage Co., Inc., 472 Mass. 226 (2015), and Foreclosures in Massachusetts," presented to the Abstract Club (11/9/2015)

      "More challenges to the foreclosure process: the Massachusetts appellate courts giveth and taketh away," presented to The Abstract Club in Boston, Massachusetts (5/19/2014)

      "The 25 Critical Cases Every Real Estate, Title, Land Use, and Environmental Lawyer Must Know," at Massachusetts Continuing Legal Education seminar on real estate, title mortgage, leasing, and condominium law (3/17/2014; 1/21/2015; 2/24/2016)

      "Landlord Remedies - A Refresher in Landlord Rights after 275 Washington Street Corp., Trustee v. Hudson River Int'l LLC," seminar sponsored by the Boston Bar Association's Leasing Committee (5/29/2013)

      "The Effect of Eaton on Foreclosures, Third-Party Purchasers, REO Purchasers and Re-Foreclosures," at Massachusetts Continuing Legal Education's What Eaton Means for Massachusetts Foreclosure & Title Practice (7/25/2012)

      "Foreclosure Issues and Curative Actions," at Massachusetts Continuing Legal Education's Resolving Common & Complex Title Issues (5/17/2012; 5/8/2015)

      "Tender of Loss and Termination of Title Insurance Policy Obligations," at ABA TIPS Title Insurance Litigation Committee Seminar in Boston (4/27/2012)

      "Massachusetts Foreclosure and Title Practice Viewed through the Lenses of Bevilaqua and Ibanez," at Massachusetts Continuing Legal Education (11/30/2011)

      "Curative Actions," at Massachusetts Continuing Legal Education's Resolving Common & Complex Issues (3/8/2011)

      "The Background, Impact, and Significance of US Bank National Association v. Ibanez," at Massachusetts Continuing Legal Education's What Ibanez Means for Real Estate (3/3/2011)

      "A Litigator's View of Liens, Challenges to Liens, and Lien Priorities," at Massachusetts Continuing Legal Education's Understanding Lien Priorities (7/2010)

      "My Client Has a Title Claim! Is It Actually Covered by a Title Insurance Policy?" at New England Land Title Association Boston Seminar (4/8/2009)

      "Tales from the Frontlines, a Discussion of Current Claims Issues," at American Bar Association's Title Insurance Litigation Committee Spring Seminar in Seattle, Washington (3/6/2009)

      "Recent Developments in Title Insurance Law and Claims," at Massachusetts Continuing Legal Education's Real Estate Law Conference (3/19/2008)

      "Mortgage Fraud: Trends, Prevention, and Recovery," at New England Land Title Association Convention (6/21 to 6/24/2007)

      "Closing Protection Letters: The Hidden Exposure," at American Bar Association's TIPS Title Insurance Litigation Committee Seminar in Minneapolis (9/14 to 9/16/2006)

      Chair of Massachusetts Continuing Legal Education's Litigating Real Estate Disputes (8/2007 and 8/2006)

      "The Shifting Sands of Massachusetts Beach Rights," at Real Estate Bar Association Spring Seminar, co-presented with Thomas O. Moriarty and Edward S. Englander (5/8/2006)

      "Easements by Prescription, Public and Private," Massachusetts Continuing Legal Education's Litigating Real Estate Disputes (8/2005)

      "Surveying for Attorneys," at Real Estate Bar Association 2004 Spring Seminar, co-presented with A. Richard Vannozzi, P.L.S., and Ward P. Graham, Esq. (5/10/2004)

      "Life After Bishops Forest," at Massachusetts Conveyancers Association Spring Seminar, co-presented with V. Douglas Errico, Esq., Robert J. Galvin, Esq., and Samuel B. Moskowitz, Esq. (5/2003)

      "Crouching Cases, Hidden Issues: A Lively Discussion of Some Interesting Cases," at New England Land Title Association Annual Convention (6/2001)

      "Notice of Claims and Tender of Defense of Title Insurance Claims," at Spring 2000 Title Insurance Claims and Litigation Seminar (Spring 2000)

      "From Risk Elimination to Risk Assumption," at Boston Bar Association's Title Insurance in the 21st Century Seminar (3/2000)

      "Litigation of Condominium Phasing and Removal Controversies," at Massachusetts Continuing Legal Education's Real Estate Conference (2/2000)

      "The Timing of Loss in Title Insurance Claims," at American Bar Association's TIPS Title Insurance Litigation Committee, Massachusetts Bar Association's Property Law Section, and New England Land Title Asssociation's Spring 1998 Title Insurance Claims Seminar (Spring 1998)

      "Recent Trends in Title Insurers' Duty to Search Title and Disclose Defects," at American Land Title Association's Legal Division Seminar (9/1997)

      "Disputes Between Adjoining Landowners," at Massachusetts Continuing Legal Education's Real Estate Litigation '97 (5/1997)

      "Closing Protection Letters/The Duty to Search," at Massachusetts Continuing Legal Education's Title Insurance: What You Need to Know So the Policy Will Adequately Protect Your Clients (4/1997)

      "Mastering Real Estate Titles and Title Insurance in Massachusetts," at National Business Institute (4/1996 and 4/1995)

      "Closing Protection Letters: The Hidden Exposure," at Massachusetts Conveyancers Association and American Land Title Association's Land Title Institute Seminar (10/1994)

      "Somerset Savings Bank v. Chicago Title Insurance Company," at New England Land Title Association Annual Convention, panel presentation (6/1994)

      "Land Court Judicial Forum," at Massachusetts Continuing Legal Education (4/1992)

      "Fraud and Forgery in Real Estate Transactions," at American Land Title Association's Land Title Institute Regional Seminars (1990 to 1995)

    • News

      R+C in the News

      • September 13, 2023

        Lawrence Heffernan Named to Inaugural Massachusetts Lawyers Weekly Hall of Fame

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          Lawrence Heffernan Named to Inaugural Massachusetts Lawyers Weekly Hall of Fame

          Real Estate Litigation and Title Insurance Team chair and Business Litigation Group member, Lawrence Heffernan was among the honorees named to the inaugural Massachusetts Lawyers Weekly Hall of Fame, which is reserved for Massachusetts lawyers ages 60 and older who have been practicing for 30 years or more. Larry was recognized during an awards ceremony on September 12, 2023 in Boston, MA and profiled in a special section released the same day. Members of the Hall of Fame "are icons of the local legal community — lawyers who have made their mark in a range of practice areas. [They] reflect the range of legal excellence that Massachusetts has to offer." Read the special section.

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      • July 15, 2019

        Robinson & Cole's Boston Associates Participate in the 2019 GBLS Associates Fund Drive

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          Robinson & Cole's Boston Associates Participate in the 2019 GBLS Associates Fund Drive

          Business Transactions Group lawyer, Andy Monthey, led Boston office’s participation in the 2019 Greater Boston Legal Services (GBLS) Associates Fund Drive. Every year, associates at Boston law firms compete to raise money for GBLS. Together, Team Anna and Team Andy raised $7,765 in support of the GBLS Family Law Unit, a significant increase over last year’s contributions, and one that far exceeded this year’s campaign goal of $7,000, and the amounts raised by other prominent Boston law firms. This exceptional generosity confirms the lawyers and staff of Robinson+Cole as among the Boston region’s most generous firms. Larry Heffernan, Chair of the firm's Real Estate Litigation and Title Insurance Team, serves on the GBLS Board of Directors. 

          GBLS provides free civil legal aid to low-income clients in Boston and 31 surrounding cities and towns, representing individuals, families and community groups in court and before administrative agencies. While the Associates Drive specifically supports the agency’s domestic violence work, GBLS also provides representation in cases involving housing, consumer issues, immigration, employment, public benefits, health and disability, Criminal Offender Record Information, and education, as well as having a special outreach project for the elderly. 

          In 2018, GBLS served more than 10,000 clients. Unfortunately, over 60% of eligible clients are denied representation because of lack of funding. Donations from this drive go directly to help fund staff attorney salaries, and may allow the agency to hire additional attorneys. GBLS assists only low-income persons who cannot otherwise afford an attorney. To qualify as “low-income,” an applicant must have income at or below 125 percent of the federal poverty line, which for a family of four is $31,375 per year.

      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          51 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 2018. In addition, 32 attorneys at the firm were recognized as “Rising Stars.” The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. View the list of recognized attorneys and their areas of practice.

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      • January 31, 2018

        Boston Lawyers Walk to the Hill for Civil Legal Aid

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          Boston Lawyers Walk to the Hill for Civil Legal Aid

          Boston lawyers Katherine C. Bailey, Nadine L. Ebersole, Lawrence P. Heffernan, and E. Christopher Kehoe represented Robinson+Cole during the 19th Annual Walk to the Hill for Civil Legal Aid on January 25, 2018. At the State House, participants urged lawmakers to protect state funding for civil legal aid. Civil legal aid programs provide vital services to protect the safety and stability of low-income individuals and families, including cases related to loss of housing, domestic abuse, access to veterans benefits, employment, elder law, and immigration. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance the ability of clients to access justice and can serve as a powerful tool to combat poverty. Click here to view a photo of Robinson+Cole lawyers at the State House.

          The Walk to the Hill event was sponsored by the Equal Justice Coalition, a partnership with the Boston Bar Association, the Massachusetts Bar Association, and the Massachusetts Legal Assistance Corporation.

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      • February 3, 2017

        Boston Lawyers Join Annual Walk to the Hill

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          Boston Lawyers Join Annual Walk to the Hill

          Boston lawyers Katherine C. Bailey, Lawrence P. Heffernan, and J. Michael Wirvin represented Robinson+Cole when they walked with nearly 700 lawyers to the Massachusetts State House for the 18th Annual Walk to the Hill for Civil Legal Aid on January 26, 2017. At the State House, participants urged lawmakers to protect state funding for civil legal aid. There is no right to court-appointed attorneys in civil cases, and civil legal aid programs provide vital services to protect the safety and stability of low-income individuals and families. These programs provide legal services on cases related to loss of housing, domestic abuse, access to veterans benefits, employment, elder law, and immigration. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance the ability of clients to access justice and can serve as a powerful tool to combat poverty. Click here to view a photo of Robinson+Cole lawyers at the State House.

          The Walk to the Hill event was sponsored by the Equal Justice Coalition, the Massachusetts Bar Association, and the Boston Bar Association.

      • July 14, 2016

        Larry Heffernan Featured in Massachusetts Lawyers Weekly

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          Larry Heffernan Featured in Massachusetts Lawyers Weekly

          Lawrence P. Heffernan was featured in the article "SJC OKs mechanism for lenders to 'cure' defective mortgage acknowledgments," published in Massachusetts Lawyers Weekly on June 29, 2016. He is one of the practitioners in the article who weigh in on a recent Massachusetts Supreme Judicial Court (SJC) decision and who all say that it provides much-needed relief for both residential lenders who wish to maintain their secured status despite certain technical errors that appear in many borrowers' closing documents and the attorneys who seek to cure those errors. Mr. Heffernan, who co-authored an amicus brief on behalf of the Real Estate Bar Association and the Abstract Club with Danielle Andrews Long, states that he was happy that the First Circuit certified the issue to the SJC, considering the "fairly harsh" Bankruptcy Court decisions on technically defective acknowledgements, which he calls "elevating form over substance." He further says, "This decision reinforces the purpose of [Chapter 183, § 5B] . . . and that the attorney's affidavit is a very valuable resource for conveyancers."

          Mr. Heffernan is chair of Robinson+Cole's Real Estate Litigation and Title Insurance Group.
           

      • February 11, 2016

        Robinson+Cole Lawyers Join Annual Walk to the Hill

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          Robinson+Cole Lawyers Join Annual Walk to the Hill

          Katherine C. Bailey, Kendra L. Berardi, Lawrence P. Heffernan, John E. O’Brien, Jr., and Kathryn M. Rattigan represented the firm when they walked with hundreds of lawyers to the Massachusetts State House in the 17th Annual Walk to the Hill for Civil Legal Aid on January 28, 2016. At the State House, participants urged lawmakers to protect state funding for civil legal aid. Many low-income individuals need civil legal aid when they face various civil legal problems, such as loss of housing, domestic abuse, access to veterans' benefits, unemployment appeals, and wage and hour disputes. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance the ability of clients to access justice and can serve as a powerful tool to combat poverty. Click here to view a photo of Robinson+Cole lawyers at the State House.

          The Walk to the Hill event was sponsored by the Equal Justice Coalition, the Massachusetts Bar Association, and the Boston Bar Association.

      • February 18, 2015

        Despite Blizzard, Boston Lawyers Participate in Annual Walk to the Hill

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          Despite Blizzard, Boston Lawyers Participate in Annual Walk to the Hill

          The blizzard did not stop over 500 lawyers from trudging through the snow in the annual Walk to the Hill for Legal Aid on January 29, 2015. The lawyers represent bar associations from across Massachusetts in support of the Equal Justice Coalition, the sponsor of the Walk to the Hill. Participating from the Boston office of Robinson+Cole were co-captains Carla M. Moynihan and Kendra L. Berardi, along with Larry P. Heffernan and John E. O’Brien Jr. Civil legal aid is the last resort for low-income people when they face critical civil legal problems, such as loss of housing, domestic violence, access to veterans' benefits, unemployment appeals, and wage and hour disputes. By providing lawyers and legal advice to people living at or near the federal poverty level, civil legal aid programs enhance their clients' ability to access justice and can serve as a powerful tool to combat poverty. The Walk to the Hill means literally walking up Beacon Street to the Capitol on Beacon Hill to urge state representatives and senators to preserve funding for legal aid programs.

      • July 15, 2014

        Boston Lawyer Participates in MCLE Webcast, Speaks to Abstract Club

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          Boston Lawyer Participates in MCLE Webcast, Speaks to Abstract Club

          Lawrence P. Heffernan, chair of the Real Estate Litigation and Title Insurance Group, participated in the Massachusetts Continuing Legal Education (MCLE) live seminar and webcast "The 25 Critical Cases Every Real Estate, Title, Land Use, and Environmental Lawyer Must Know" on March 17, 2014, in Boston. Mr. Heffernan presented on a broad array of critical case law and trends in leasing and landlord liability, the enforceability of purchase and sale agreements, condominium development rights, and title insurance coverage.

          In addition, Mr. Heffernan spoke to The Abstract Club on "More challenges to the foreclosure process: the Massachusetts appellate courts giveth and taketh away" on May 19, 2014, in Boston. He discussed recent decisions by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court on Housing Court jurisdiction over foreclosure challenges, the authority of the Mortgage Electronic Registration System (MERS) to assign mortgages, and so-called "robo-signing" and its impact on Massachusetts lenders and real estate practitioners. The Abstract Club is a voluntary association of experienced lawyers that is limited, according to its bylaws, to 100 lawyers, almost all of whom practice exclusively in real estate. Most members practice in Boston and its suburbs.

      • June 13, 2013

        Boston Lawyer Presents at BBA Seminar

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          Boston Lawyer Presents at BBA Seminar

          Real estate litigation and title insurance partner Lawrence P. Heffernan spoke at a seminar entitled "Landlord Remedies—A Refresher in Landlord Rights after 275 Washington Street Corp., Trustee v. Hudson River Int’l LLC" on May 29, 2013. The seminar, sponsored by the Boston Bar Association's (BBA) Leasing Committee, reviewed the remedies and damages available to commercial landlords upon breach of a lease by a tenant.
      • June 7, 2013

        Boston Lawyers Author Article for ABA Newsletter

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          Boston Lawyers Author Article for ABA Newsletter

          Real estate litigation lawyers Lawrence P. Heffernan, Danielle Andrews Long, and Kendra L. Berardi and real estate lawyer John T. Ronayne co-authored an article entitled "Massachusetts High Court Considers Modernizing State Lease Law," featured in the Spring 2013 publication of the American Bar Association's Real Estate Litigation newsletter.

          In the article, the authors discuss a potential modernization that would bring Massachusetts real estate laws in line with other jurisdictions as they relate to a landlord's right to compensation following the breach of a lease. To read the full article, please click here.

      • May 24, 2013

        Boston Lawyer Authors Article for The Title Insurance Law Newsletter

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          Boston Lawyer Authors Article for The Title Insurance Law Newsletter

          Lawrence P. Heffernan, chair of the Real Estate Litigation and Title Insurance Practice Group, wrote an article for the May 7th edition of The Title Insurance Law Newsletter entitled "Massachusetts Rejects 'In for One, In for All' in Title Insurance Claims." The article reports on the recent, precedent-setting decision of the Massachusetts Supreme Judicial Court (SJC) in GMAC Mortgage, LLC v. First American Title Ins. Co., 464 Mass. 733 (2013) in which the SJC distinguished title insurance from general liability insurance and ruled that a title insurer is obligated to defend an insured only against those claims covered by the title policy, not all of the claims asserted in the lawsuit.
      • May 30, 2012

        Real Estate and Title Litigation Attorneys Prevent Class Action Against Client

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          Real Estate and Title Litigation Attorneys Prevent Class Action Against Client

          Real estate and title litigation attorneys Lawrence P. Heffernan, Danielle Andrews Long, and Kendra L. Berardi and insurance attorney John W. Steinmetz, achieved a major victory in a class action in which Robinson & Cole is representing Harmon Law Offices, a law firm handling a large share of foreclosures in Massachusetts. In the action, Manson v. GMAC Mortgage, LLC (United States District Court, District of Massachusetts, Civil Action No. 08-12166-RGS), the plaintiffs sued three major mortgage lenders and their law firms for allegedly wrongful foreclosure practices arising out of assignments of mortgages. The potential class would have involved over 9,000 foreclosures from 2004 to 2008 and tens of millions of dollars in exposure. Massachusetts federal court Judge Richard G. Stearns denied class certification by applying the United States Supreme Court decision in Wal-Mart v. Dukes and by ruling that there was no commonality because each individual foreclosure transaction would have to be examined in detail to determine whether there was liability. The court also found a lack of typicality, predominance, and superiority and specifically ruled that the law firms did not owe a legal duty to the mortgagors and were not engaged in the conduct of trade or commerce required for unfair business claims.
      • March 7, 2012

        Real Estate and Title Insurance Chair Addresses What Happens When “MERS Attacks”

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          Real Estate and Title Insurance Chair Addresses What Happens When “MERS Attacks”

          Real estate and title insurance chair Lawrence P. Heffernan recently spoke to the Abstract Club on “MERS Attacks: A Review of Decisions on MERS’s Authority to Hold, Assign and Foreclosure Mortgages.” Mr. Heffernan spoke about the recent spate of cases in Massachusetts and elsewhere challenging the validity and enforceability of mortgages held by MERS (Mortgage Electronic Registration Systems, Inc.), particularly its authority to assign and foreclose mortgages, and the impact of those cases on the mortgage industry and the real estate market. The Abstract Club is an association of lawyers and judges experienced in the field of real estate law who are elected to the club by its membership.
      • February 23, 2012

        Attorneys Discuss Bevilaqua and Ibanez Cases at Seminar

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          Attorneys Discuss Bevilaqua and Ibanez Cases at Seminar

          Partner Lawrence P. Heffernan, chair of the Real Estate Litigation and Title Insurance Practice Group, and real estate senior associate Christopher S. Pitt participated in a recent Massachusetts Continuing Legal Education seminar on “Massachusetts Foreclosure and Title Practice Viewed through the Lenses of Bevilaqua and Ibanez.” The seminar, broadcast over the Internet, addressed landmark decisions by the Massachusetts Supreme Judicial Court concerning mortgage assignments, the validity of subsequent foreclosures, and the impact of those decisions on the real estate industry and practice. Mr. Pitt chaired the seminar and Mr. Heffernan spoke about judicial cures for titles clouded by questionable foreclosures, potential defenses to foreclosures, and other judicial decisions on the horizon.

          Mr. Heffernan also published an article on the Bevilaqua decision in a recent edition of The Title Insurance Law Newsletter, published by Woodbridge Legal Publishers. The article discussed the impact of Bevilaqua v. Rodriguez, 460 Mass 762 (2011), which dismissed an action to try title brought by plaintiffs who had purchased property following a questioned foreclosure and rejected the plaintiff’s claim that he was a bona fide purchaser. The article addressed other alternatives for clearing title.
      • 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 and Christopher S. Pitt 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.

      • March 10, 2011

        Larry Heffernan Authors Article on Massachusetts Foreclosure Rules Ruling

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          Larry Heffernan Authors Article on Massachusetts Foreclosure Rules Ruling

          Real Estate Litigation and Title Insurance Practice Group Chair Lawrence P. Heffernan wrote the article “Massachusetts Supreme Judicial Court Rules on Foreclosure by Mortgage Assignee Under a Securitization Trust,” published in the February edition of The Title Insurance Law Newsletter. Mr. Heffernan’s article discusses U.S. Bank Nat’l Assoc. v. Ibanez in which the Supreme Judicial Court ruled that two banks, which held mortgages as trustees of securitization trusts, did not have the right to foreclose those mortgages because of inadequate and untimely documentation of mortgage assignments. The article explains that the court left the door open to establishment of the chain of assignments required for foreclosure authority through proper securitization and mortgage purchase documentation. The article will also appear in the March edition of REBA News, published by The Real Estate Bar Association for Massachusetts.
      • August 4, 2010

        Lawrence P. Heffernan Presents on Lien Priorities at Massachusetts Continuing Legal Education Program

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          Lawrence P. Heffernan Presents on Lien Priorities at Massachusetts Continuing Legal Education Program

          Real Estate Litigation and Title Insurance Group Chair Lawrence P. Heffernan recently was a featured speaker at a Massachusetts Continuing Legal Education program "Understanding Lien Priorities." Mr. Heffernan presented the litigator's view of liens, challenges to liens, and lien priority, including equitable subrogation. Mr. Heffernan also addressed challenges to mortgage assignments and foreclosures pending in the federal district court class action and the widely followed U.S. Bank v. Ibanez case pending before the Massachusetts Supreme Judicial Court.

      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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          Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

          A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

          Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          52 Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 52 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2019. In addition, 32 attorneys at the firm were recognized as “Rising Stars.”

          The following lawyers were named to the Top 50: 2019 Connecticut Super Lawyers list: Denis C. Cavanaugh, Gregory R. Faulkner, Linda L. Morkan, Todd R. Regan, and Jeffrey J. White. Linda also appears on the Top 25: 2019 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 56 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2017. 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, 29 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.

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      • 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.

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2015. 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, 21 attorneys at the firm were recognized as “Rising Stars.” Read an explanation of the Super Lawyers methodology here. See the list of included lawyers in the news release.

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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          Robinson+Cole Lawyers Recognized by Super Lawyers

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and New York for 2014.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, 21 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          To see the recognized attorneys and their areas of practice, click here.

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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          Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

          A total of 49 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and Rhode Island for 2012. 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, 26 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          Recognized attorneys and their areas of practice can be read in the full press release.

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      • May 15, 2012

        Robinson & Cole Further Strengthens Metro NY Presence with Addition of New Attorneys

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          Robinson & Cole Further Strengthens Metro NY Presence with Addition of New Attorneys

          Robinson & Cole announced today that Stephen P. Hanson has joined the firm as a partner in the business transactions group. The firm also announced the addition of three associates in its Metro New York offices. The new attorneys will be focused specifically on business transactions, finance, and commercial litigation.

          In addition to Mr. Hanson, Natale V. Di Natale has joined the firm as a partner in the labor & employment group in Hartford, Connecticut. The firm also announced several other additions to its Hartford, Boston, and Providence offices.

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