Outside General Counsel for Massachusetts Executives & Boards
Business Advisory
Strategic counsel for companies where regulatory missteps cost millions.
2.71x
Non-compliance costs nearly three times more than maintaining a compliance program.
1
Ponemon Institute, “The True Cost of Compliance with Data Protection Regulations,” GlobalScape (Dec. 2017).
$9.36M
U.S. companies pay $9.36M per data breach on average, nearly double the global cost.
2
IBM Security & Ponemon Institute, “Cost of a Data Breach Report 2024,” IBM (Jul. 30, 2024).
$8.2B
Financial remedies ordered by the SEC in FY2024.
3
U.S. Securities and Exchange Commission, “SEC Announces Enforcement Results for Fiscal Year 2024,” Press Release No. 2024-186 (Nov. 22, 2024).
6 Years
Massachusetts statute of limitations for contract claims.
4
Mass. Gen. Laws ch. 260, § 2, “Contracts, Obligations, Liabilities, Trusts,” Massachusetts Legislature (current).
FDA-authorized AI medical devices surged 140% since 2021 to over 1,250, with new transparency and validation requirements exposing developers to mounting compliance and product liability risk.
5
U.S. Food and Drug Administration, “Artificial Intelligence-Enabled Medical Devices,” FDA (Jan. 2025).
Business Advisory & General Counsel Services
Regulatory demands on businesses increase every year. Healthcare companies navigate FDA pathways and state licensing. Technology firms face Al governance obligations and strict Massachusetts privacy enforcement under 201 CMR 17. Financial services operate under SEC oversight and AML controls.
Companies without timely counsel discover compliance gaps only after regulators or counterparties inflict damage. We provide outside general counsel to companies operating in these high-stakes environments, identifying exposure before it escalates into enforcement or litigation.
Overview
We serve Massachusetts’ technology, healthcare, and regulated businesses from formation through growth and high-impact disputes. Choose the engagement model that fits your needs: hourly for defined projects, a monthly retainer as your fractional general counsel, or fixed fees for scoped deliverables.
The $52.7 billion CHIPS Act imposes 10-year foreign expansion bans and federal compliance obligations on funding recipients; Massachusetts manufacturers have already secured over $70 million in awards.
6
U.S. Department of Commerce, “Biden-Harris Administration Announces Final National Security Guardrails for CHIPS for America Incentives Program,” Commerce.gov (Sept. 22, 2023); Massachusetts Executive Office of Economic Development, “Healey-Driscoll Administration Celebrates Nearly $38 Million Federal Award,” Mass.gov (Sept. 2024).
Strategic Counsel:
The Fractional Model
Most growth-stage companies require more than transactional support but lack the budget for a full-time General Counsel. Our fractional model provides institutional memory and strategic oversight without permanent overhead. We structure compliant operations, negotiate critical agreements, and manage regulatory inquiries, giving you a dedicated legal function at a predictable cost.
Massachusetts biopharma companies captured 31% of all U.S. biotech venture capital in 2023, where a single FDA pathway misstep or IP failure can collapse a nine-figure pipeline overnight.
7
MassBio, “Massachusetts Biopharma Companies Haul in $7.7B in Venture Capital Funding in 2023,” MassBio (Jan. 4, 2024).
Legal Tools
Business owners, founders, and executives have powerful legal tools at their disposal to protect their interests, enforce agreements, and hold others accountable. Understanding these options, and acting before disputes escalate, can significantly affect outcomes:
- Contract Enforcement: Compel performance or recover damages when counterparties breach. Massachusetts allows six years for most contract claims, but UCC claims for goods expire in four.
- Intellectual Property Protection: Enforce trade secrets and copyrights through injunctions and damages. We move quickly to halt misappropriation and seek compensation for past violations.
- Regulatory Response: Companies facing government inquiries have procedural rights. Informed responses to the SEC, FDA, or state regulators, including the Massachusetts Attorney General, can often resolve matters without formal enforcement.
- Fiduciary Claims: Officers and directors owe strict fiduciary duties. Breaches through self-dealing or minority oppression trigger claims for damages, disgorgement, or injunctive relief.
- Chapter 93A Business Claims: Massachusetts law (M.G.L. c. 93A § 11) allows companies to seek relief for unfair or deceptive business practices, with the threat of double or treble damages plus attorneys' fees to force settlements.
- Dispute Resolution: Arbitration and mediation clauses dictate your options when conflicts arise. We negotiate venue and forum terms before disputes develop, whether the case ends up in Massachusetts Superior Court's Business Litigation Session, federal court, or arbitration.
How We Can Help
Regulatory Strategy & Compliance Counsel
Structure operations to comply with FDA, SEC, and state licensing frameworks. We manage enforcement risk before it materializes.
AI & Emerging Technology Advisory
Address algorithmic liability and data governance. We align product roadmaps with evolving Al regulations and IP protections.
Entity Formation & Growth Financing
Structure equity arrangements and commercial agreements. We support growth-stage financings and investor negotiations with a focus on governance as your company grows.
Commercial Contract Negotiation & Disputes
Draft and negotiate critical agreements. When conflicts arise, we pursue resolution aligned with your business objectives.
Intellectual Property Strategy
Build trademark, copyright, and trade-secret portfolios. We handle registration, licensing, and enforcement to lock down your competitive advantage.
Data Privacy & Cybersecurity Compliance
Navigate HIPAA and Massachusetts data security requirements (M.G.L. c. 93H and 201 CMR 17.00). We implement Written Information Security Programs (WISPs) and direct incident response.
Partnership & Fiduciary Litigation
Represent founders and shareholders in control disputes. We handle fiduciary claims and governance deadlocks through negotiation or litigation.
Employment Counsel
Address wage compliance, worker classification, and non-compete restrictions under Massachusetts’ Noncompetition Agreement Act (M.G.L. c. 149 § 24L). We draft enforceable agreements that respect Garden Leave requirements.
Crisis Response & Strategic Risk Counsel
Rapid support for investigations or sudden disputes. We assess exposure, preserve your options, and execute a defensible response plan quickly.
Outside General Counsel for Businesses
Ongoing strategic advice on retainer. We provide contract oversight, risk management, and coordination with specialist counsel as your single point of legal contact.
