Firm / Organisation

Davis, Malm & D'Agostine, P.C.

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Managing Partners: Amy L Fracassini
Number of partners: 24
Number of lawyers: 8

Firm Overview:
Founded in 1979, Davis Malm is a full-service New England firm. The firm provides sophisticated legal services and represents local, national and international public and private businesses, institutions and individuals in a wide spectrum of industries. The firm delivers successful results to clients through direct partner involvement, responsive client service and practical and creative problem solving. Since 2011, the firm has been a member of the International Lawyers Network (ILN), representing Massachusetts and northern New England. ILN is an association of 91 full-service law firms with over 5,000 lawyers in 67 countries. Membership in the organization has enhanced the firm’s already robust international services to clients doing business globally.

Main Areas of Practice:


Davis Malm’s skilled business attorneys represent public and privately held businesses in a wide range of industries, including manufacturing, pharmaceutical, cannabis, biotech, software, environmental management, internet commerce, service, distribution, and medical. The firm is known for representing buyers, sellers and lenders in merger, acquisition and sale transactions. The breadth of experience of Davis Malm’s business attorneys allows the firm to represent business clients in all areas of corporate and securities law, from initial organization through the entire range of business transactions over the life of the business.

Banking & Credit:
Davis Malm routinely represents institutional, private and commercial lenders, along with corporate borrowers, finance-lessees and other users of capital, in a broad spectrum of domestic and foreign commercial transactions. The firm is particularly well known, throughout New England and beyond, for its marked expertise in US Small Business Administration (SBA) lending, floor plan financing, and bond financing.

The firm represents employers, executives and employees in all aspects of employment law, including discrimination law, breach of contract matters, noncompetition, employment and consulting agreements, and trade secret and confidential information cases. Davis Malm’s employment attorneys regularly advise employers regarding employee handbooks, employment audits, and workplace policies and practices. They also conduct workplace investigations and trainings on diversity, harassment and other topics. Attorneys are experienced trial lawyers with a strong success record, who are prepared, when necessary, to negotiate, mediate, arbitrate and litigate employment issues in all administrative and judicial forums. The firm’s employment practice has been recognized by Chambers since 2010.

Intellectual Property:
Davis Malm’s intellectual property attorneys represent start-ups, emerging companies, and private and public companies in a wide range of industries and technology verticals. The firm provides a full range of intellectual property services, including patent prosecution, obtaining and managing trademarks and copyrights, safeguarding trade secrets, negotiating and drafting licensing and joint venture agreements, preparing opinions, and enforcing and defending intellectual property rights and assets through litigation.

The firm’s international practice attorneys serve a full range of clients with international business ranging from small businesses to NYSE-listed companies with worldwide operations. The firm’s lawyers serve domestic companies doing business abroad and foreign entities engaging in US transactions. The attorneys regularly negotiate and prepare commercial agreements, represent companies in international M&A transactions, help clients establish and operate cross-border branches or subsidiaries, handle NAFTA issues, and counsel in matters concerning international tax, trade, antitrust, export, and the US Foreign Corrupt Practices Act. They assist clients with cross-border financing strategies and structuring transactions tax-effectively.

Davis Malm’s litigators have extensive experience handling civil controversies of all sizes and complexity. The firm resolves large and complex litigation for publicly traded companies and handles ‘bet the company’ litigation for smaller, privately held enterprises and individuals. The attorneys work closely with clients to reduce litigation risks and resolve disputes outside the courtroom whenever possible. Preserving clients’ management, human and financial resources is important to the firm, as evidenced by its commitment to dispute resolution.

Real Estate & Environmental:
Davis Malm began as a real estate boutique in 1979 and continues to be a leader in real estate law. It has a complete and varied real estate development, land use and transactional practice. The firm’s practice involves all aspects of residential, commercial and industrial development, including acquisition, financing, permitting, zoning, appeals, land use litigation, conveyancing, commercial leasing, creating condominium documents, representing condominium associations and performing foreclosures. Environmental compliance and contamination matters are also areas in which the firm has extensive experience and a strong success record.

Regulatory & Administrative Law:
The firm represents clients in regulated industries and works closely with them to protect their interests, ensure compliance, and avoid or minimize sanctions in cases of alleged noncompliance. Represented industry sectors include: cable television, telecommunications, data security and information privacy, energy, renewable energy, environmental, permitting, zoning, and cannabis. The firm regularly represents clients in securing regulatory approvals and advocating in state and federal agency proceedings.

Articles, Highlights and Press Releases

Total 18 Articles, Highlights and Press Releases

Department of Labor Increases Salary Level Test for Exempt Employees Under Fair Labor Standards Act

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Handling Requests for Time Off Under the BRAVE Act

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Tamsin Kaplan Named to Massachusetts Lawyers Weekly’s “Top Women of Law” List

Tamsin R Kaplan

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