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USA Guide 2022

Ranked in 1 Practice Areas

About

Provided by Peter B. McGlynn

USA

Education

Suffolk University

J.D.

1975

University of Massachusetts

BA

1971

Practice Areas

Litigation

Construction and Surety

Bankruptcy and Creditors' Rights

Career

Peter McGlynn is a trial lawyer and chair of the Trial Department at Bernkopf. During his four-plus decades as a trial lawyer, Peter has tried in excess of 150 cases in over 20 states. Peter has been described by several of his peers as the lawyer’s version of St. Jude – the “patron saint of desperate causes and lost causes” – for taking on challenging and allegedly “unwinnable” cases.

During that time period, Peter has tried a number of high stakes, “bet the company,” cases – and won. They include two trials in the Delaware Chancery Court concerning a failed $3 billion real estate development project; defending the principal of a company who was sued by one of the U.S.’s largest general contractors for RICO and other violations; receiving a ground-breaking jury verdict in North Dakota against “big oil”; defending corporate and individual clients in a corporate veil piercing lawsuit brought by a multinational pharmaceutical company; achieving a post-trial settlement for 19 municipal light departments in a Maine utility bankruptcy case relating to the Seabrook Nuclear Power Station; and receiving a $2.5 million judgment following a jury verdict on behalf of his clients against the former owners of their home for defective and illegal renovation work. Owners, developers, architects, engineers, contractors, and subcontractors rely on his extensive experience with negotiating and drafting construction-related contract documents. During the past few years, for example, he has represented clients in connection with commercial, industrial, and multi-family construction projects along the Eastern Seaboard and Florida valued at over $2.5 billion.

During the COVID-19 pandemic, Peter has served as a legal advisor to real estate developers, construction users, restaurants, and retail establishments on the impact of COVID-19 related restrictions and moratoria and on potential bases for recovery for COVID-19 damages.

A highly sought-after speaker, Peter regularly presents on litigation, real estate development, construction, bankruptcy and surety law to numerous organizations, including the Boston Society of Civil Engineers, the National Society of Professional Engineers, the Engineering Societies of New England, Massachusetts Continuing Legal Education, New England Law Institute, the Northeast Construction Expo., the Construction SuperConference™, National Academy of Forensic Engineers, the Associated General Contractors, ALI/ABA, Lorman Education Services, Halfmoon Education Inc., Thompson Reuters and the American Bankruptcy

Institute.

Passionate about teaching, Peter has lectured on construction law and litigation at Northeastern University, Wentworth Institute of Technology, and the University of Wisconsin. Peter is also the founder of the New England Construction & Real Estate Risk Management Conference™, an annual conference focusing on effective ways to manage risk on construction and real estate development projects.

Peter is a mediator, having completed forty-hours of mediation training in accordance with M.G.L. ch.233 § 23C

Professional Memberships

Member, American Bankruptcy Institute

Fellow, Construction Lawyers Society of America

Planning Committee, Tina’s Wish, Boston Gathering

Member, Town of Dover Conservation Commission (1994 – 2010)

Member, Board of Trustees, St. Thomas More School (2000 – 2010)

Publications

Buyer Beware: The Return of Caveat Emptor

Court Enforces Prompt Pay Act

When a Dream Home Becomes a Nightmare

Latest CARES Act Includes Significant, Albeit Temporary, Provisions to the Bankruptcy Code Affecting Commercial Landlords, Tenants and Suppliers

Bankruptcies Are on the Rise in the Wake of the COVID-19 Pandemic: An Industry-By-Industry Assessment

Carpenters Union Orders All Members to Cease Working Effective April 6, 2020

Governor Baker Reduces List of Essential Construction-Related Services

Governor’s Order Could Overrule Boston, Cambridge Construction Bans

U.S. District Court Determines Massachusetts’ Statute of Repose Was Triggered Once Entire Multi-Phased Project Was Completed

A Corporate Veil Remains Unpierced: How an Unwinnable Case Was Won

The American Institute of Architect's Seventh Decennial Construction Documents Revisions and Their Potential Impact on the Construction Industry

Law firm can countersue ex-client for abuse of process

Work Highlights

Obtained a multi-million dollar jury verdict in a case involving claims for breach of the implied warranty of habitability, fraud, and unfair and deceptive acts and practices by the former owners of a large multi-million dollar residential property located in suburban Boston, Massachusetts.

Successfully defended against a lawsuit by a $40 billion pharmaceutical company seeking to “pierce the corporate veil” of Peter’s clients and their principal stockholder to hold them liable for plaintiff’s claims.

Successfully represented clients in a lawsuit by a former employer for wrongful competition. Following dismissal of that case, Peter was successful in obtaining a verdict following a lengthy jury trial against the former employer and various individuals in a separate “corporate veil piercing” action.

Successfully represented a client in obtaining a favorable settlement during the middle of a trial in connection with a wrongful termination/stock redemption case.

Successfully represented a surety company in a contempt trial against a large bank who assisted its client in wrongfully transferring and encumbering assets following the issuance of an injunction.

Successfully represented a surety company in defending against at $3 million damage claim arising out of subcontract work on the Edward Brooke courthouse.

Successfully represented a plaintiff in a precedent setting land damage case against a large oil company in the U.S. District Court for the District of North Dakota.

Successfully represented the managing partner in partnership litigation in the Delaware Chancery Court involving a $3 billion real estate development and construction project.

Prosecuted delay, acceleration, lost productivity and construction defect claims throughout the United States ranging from $1 million to $350 million.

Successfully prosecuted a breach of contract action against a large utility company for construction of a cogeneration electric power plant. Total recovery: $8.5 million.

Successfully defended the principal of a construction subcontractor against an $8 million lawsuit brought by one of the largest national general contractors in the country for fraud, RICO, and for “piercing the corporate veil.”

Successfully represented Massachusetts municipal light departments in prosecuting claims against a large rural electric cooperative which had filed for bankruptcy. Following trial, the case was settled for approximately $25 million.

Successfully represented a client before the Chancery Court in Tennessee on a $3 million personal guaranty action brought by a bank and then successfully argued the case on appeal before the Supreme Court.

Successfully represented a prominent Swiss watch manufacturer in claims for trademark infringement.

Chambers Review

Provided by Chambers

USA

Litigation: General Commercial - Massachusetts
3
Band 3

Peter McGlynn of Bernkopf Goodman LLP comes recommended for his broad-ranging civil litigation practice, which draws on significant trial experience in matters such as construction disputes and bankruptcy-related claims.
"Peter is extraordinarily attentive to every detail. He is very client-focused and his communication is excellent."

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Massachusetts

Litigation: General Commercial

Peter B. McGlynn
3
Peter B. McGlynn
3
Band 3