Publications

PUBLICATIONS

The publications listed below are a sample of articles written by our attorneys. The articles go back as far as the early 1990s. We have not undertaken to update the articles and therefore their content may be outdated. Accordingly, these articles should not be considered authoritive. We have provided them as a courtesy as some people may find them of interest. By posting the articles, we are not endeavoring to provide legal advice and no attorney-client relationship should be considered formed by those who read them.

Dain Torpy was recently honored by the Real Estate Bar Association for Massachusetts (REBA) to be charged with the task of co-authoring an amicus curiae (“friend of the court”) brief on behalf of REBA in the Massachusetts Supreme Judicial Court (SJC) case Attorney General vs. Town of Milton. This critically important case pertains to whether the Attorney General has the authority to enforce and compel compliance with the MBTA Communities Act – a law passed in 2021 as a central component of Governor Baker’s Housing Choice Initiative in an effort to spur the development of much-needed housing in locations with access to public transportation. To that end, MBTA Communities requires 177 towns and cities in eastern and central Massachusetts to allow multifamily housing near MBTA transit stations as a matter of right. (September 2024)
READ THE FULL DESCRIPTION AND BRIEF

Daniel P. Dain, Boston Globe (August 2023)
B O S T O N ‘S F U T U R E D E P E N D S O N W H E T H E R W E R E M E M B E R L E S S O N S F R O M T H E P A S T

Daniel P. Dain: History of Boston, excerpt (2023)
An Excerpt from the forthcoming “A HISTORY OF BOSTON – TELLING THE STORY OF THIS CITY; ALL OF IT.” (Chapter 6, An Industrial Revolution)

R.J. Lyman: Article (Fall 2022)
INTRODUCTION TO LOGISTICS FACILITIES & THE NEW ENGLAND MARKET

R.J. Lyman: Banker & Tradesman (July 2022)
RULING CREATES UNCERTAINTY ABOUT FUTURE WATERFRONT DEVELOPMENT

Daniel P. Dain: Real Estate Bar Association News (September 2020)
SJC: NO PER SE ZONING INJURIES AS BASIS FOR STANDING

Caythar Nene: Banker & Tradesman (April 2020)
LANDLORD, TENANTS HAVE OPTIONS AS COVID-19 DISRUPTS BUSINESSES

Kate M. Carter: Boston Bar Association Journal (Summer 2019)
BELLALTA: A FLOWCHART FOR THE OWNER OF A NONCONFORMING HOME

Kate M. Carter: Real Estate Bar Association News (May 2019)
RAUSEO V. BOARD OF ASSESSORS OF BOSTON: THE DECLARANT’S LAST STAND

Daniel P. Dain: Banker & Tradesman (Winter 2015)
“THE COST OF NIMBYISM: WORKING TOGETHER TO MAKE IT HAPPEN”

Charles N. Le Ray: REBA News (July 2013)
“U.S. SUPREME COURT DECISION AFFIRMS CONSTITUTIONAL LIMITS ON EXACTIONS FROM DEVELOPERS”

Daniel P. Dain: REBA News (July 2012)
REGIS COLLEGE V. TOWN OF WESTON (pdf)

Charles N. Le Ray: Banker & Tradesman (Spring 2011)
SEWER IMPROVEMENTS POSE TAXING PROBLEMS FOR DEVELOPERS (pdf)

Susan C. Murphy: Municipal Advocate (Spring 2010)
COMMUNITIES CAN BENEFIT FROM A PLAN TO MANAGE REAL ESTATE (pdf)

Charles N. Le Ray, REBA News (Spring 2009)
DEP SEEKS CONTROL OVER STORMWATER DISCHARGES. (pdf)

Daniel P. Dain, REBA News (Winter 2009)
A CALL FOR A NEW SUPERIOR COURT STANDING ORDER IN ZONING CASES (pdf)

Joseph R. Torpy and Elizabeth A. Garner: CLE International
SMALL LEASES WORKSHOP (pdf)

Joseph R. Torpy and Elizabeth A. Garner: CLE International
OPERATING EXPENSES AND AUDIT ISSUES (pdf)

Daniel P. Dain and Mark J. Andersen (October 2007)
PREMISES LIABILITY INTRODUCTION FOR COMMERCIAL LANDLORDS, CLE INTERNATIONAL

Daniel P. Dain, Boston Bar Journal (December 2004)
LIMITS ON DEPONENT’S RIGHT TO CONFER WITH COUNSEL DURING A DEPOSITION, BOSTON BAR JOURNAL

Daniel P. Dain, REBA News (December 2004)
MA COURTS CONTINUE TO NARROW STANDING FOR CLAIMS BASED ON TRAFFIC IMPACT

Daniel P. Dain and Andrea L. Studley, DRI: For the Defense (June 2004)
ADVISING CLIENTS ON HOW TO DEVELOP PRODUCT WARNINGS

Daniel P. Dain, Banker & Tradesman (March 2004)
MASS. COURTS GRANTS DEVELOPERS ANTI-SLAPP PROTECTION COVERAGE

Daniel P. Dain and Robert L. , New England Law Review (November 2003)
NEGLIGENT SECURITY LAW IN THE COMMONWEALTH OF MASSACHUSETTS IN THE POST-SEPT. 11 ERA

Daniel P. Dain, Massachusetts Lawyers Weekly (May 2003)
DEPOSITION OBJECTIONS USED TO COACH WITNESSES

Nancer H. Ballard and Charles Le Ray, LexisNexis Mealy Publications & Conferences Group (June 2002)
SINGLE AND MULTIPLE OCCURRENCES: THE WHYS AND WHEREFORES

Nancer H. Ballard,
FACING THE GRAIL: CONFRONTING THE COST OF WORK-FAMILY IMBALANCE, BOSTON BAR ASSOCIATION TASK FORCE ON PROFESSIONAL CHALLENGES AND FAMILY NEEDS (1999)

Nancer H. Ballard and A. Lauren Carpenter (1996)
LEAD PAINT LIABILITY: IS IT COVERED BY INSURANCE?

Nancer H. Ballard and Charles N. Le Ray, Journal of the Insurance Coverage Committee of the American Bar Association (1996)
THE NEW WAVE OF ‘AS DAMAGE’ ISSUES, COVERAGE

Nancer H. Ballard, National Solid Waste Management Association Bulletin (1994)
INSURANCE COVERAGE FOR LANDFILL LIABILITY

Nancer H. Ballard, Massachusetts Continuing Legal Education, Inc. 413 (1994)
AN ANALYSIS OF MASSACHUSETTS LAW ON KEY ISSUES AFFECTING INSURANCE COVERAGE FOR LIABILITIES UNDER M.G.L. C. 21E

Nancer H. Ballard and Jacqueline Welch, Massachusetts Continuing Legal Education, Inc. 79 (1993)
INSURANCE COVERAGE FOR ENVIRONMENTAL CLAIMS

Nancer H. Ballard, American Bar Association Conference (April 1994)
KNOWING WHEN TO HOLD ‘EM AND WHEN TO FOLD ‘EM, ENVIRONMENTAL INSURANCE SETTLEMENT CONSIDERATIONS

Nancer H. Ballard and Lauren A. Carpenter
MANAGING PROPERTY OWNERS LIABILITIES FOR LEAD PAINT EXPOSURE, NATIONAL MULTI-HOUSING COUNCIL BULLETIN (1993)

Nancer H. Ballard, Environmental Exposition Publication (Spring 1993)
SECURING AND MAINTAINING ENVIRONMENTAL INSURANCE LOSS AND LIABILITY PROTECTION: THE RISK MANAGER’S ROLE

Nancer H. Ballard, Government Institutes, Inc. (1990)
MINIMIZING POTENTIAL UNDERGROUND STORAGE TANK LIABILITIES

Nancer H. Ballard and Kathleen Woodward, Massachusetts Continuing Legal Education, Inc. (1990)
ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE COVERAGE