Overview

Rory is a versatile, business-oriented lawyer with a diverse practice focused on corporate and real estate transactional matters and litigation. He has significant industry experience working with clients in a number of different areas, including commercial real estate, construction, technology, health care, financial services, and sports and entertainment.

Rory enjoys a dynamic transactional practice in which he represents business clients from start-up through the growth and exit strategy phases. Typical matters include stock and asset purchase deals, shareholder transactions, and negotiating and drafting a broad range of commercial agreements. Commercial real estate matters comprise a large part of Rory’s transactional practice, typically working with developers, owners, and investors in acquisitions, development, joint venture deals and lease matters.

A significant focus of Rory’s practice includes negotiating and drafting commercial agreements. He serves as lead contract counsel for an institutional client’s national real estate portfolio, and has responsibility for negotiation and drafting of construction documents, facilities services agreements (MSAs, FSAs, SOWS, NDAs, letters of intent), and master power supply agreements. He also works extensively for clients in the role of outside general counsel, providing advice and counseling management on commercial issues, corporate governance, and employment laws and policies.

In addition to his business practice, Rory has been a litigator for his entire career. His litigation work focuses on real estate and general business disputes in state and federal courts in multiple jurisdictions, and at all stages of litigation, including trials (first chair), appeals, and ADR. Rory’s business litigation experience includes securities and financial services litigation, partnership disputes, real estate matters, non-competition and trade-secret claims, and defending employment-related claims.

Outside of the office, Rory spends time volunteering as a member of the Greater Boston Council of the Jimmy Fund. He has also devoted time and pro bono services as General Counsel to the New Bedford Bay Sox. Rory’s non-work passions include cooking, travel and golf.

Labor & Employment

Education

  • Roger Williams University School of Law (J.D., 2000)
  • East Stroudsburg University (M.Ed., 1996)
  • Hobart and William Smith Colleges (B.A., 1994)

Admissions

  • Massachusetts
  • New York
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals for the First and Federal Circuits
Representative Matters
  • Defeated trademark infringement claims under the Lanham Act in trial court and First Circuit appeal; case named 2013 Most Important Opinion, Patent and Trademark Law.
  • Represented lead investor in real estate joint venture.
  • Drafted construction documents for national renovation and improvement project.
  • Recently achieved a bench-trial verdict for injunctive relief, damages and attorneys’ fees as first chair trial counsel in real estate litigation involving multiple commercial properties.
  • First-chair trial counsel in federal court (D. Mass.) complex fraud case involving international business transactions; case was tried after 2 week fast-track discovery.
  • Obtained summary dismissal of claims and fee award in real estate lis pendens action concerning proposed $40 billion development; decision and fee award affirmed on appeal.
  • For a health care solutions and technology client, Rory won summary judgment defending wage and hour claims in federal court, leading to favorable settlement.
  • For a real estate investment fund’s general partners, who faced breach of fiduciary duty and unfair and deceptive practices claims, Rory succeeded in obtaining dismissal of the most significant claims and ultimately a favorable settlement of the litigation.
Seminars / Publications
  • 2014 Employment Law Update, Speaker, SBANE HR Committee, February 2014.
  • Great Places to Work Share Best Practices for Success, program organizer/ Co-Chair, SBANE HR Committee, January 2014.
  • Restrictive Employment Covenants: Protecting Your Most Valuable Business Interests, Speaker, Rhode Island Continuing Legal Education, May 2013.
  • Mitigating Your Employment Risks, Restrictive Covenants in Massachusetts, Speaker, SBANE Annual Program, January 2013.
  • Managing Business Liability Risks for Emerging Business, Speaker, SBANE Breakfast Seminar, 2012.
  • Proper Classification of Contractors and Employees, Speaker, Rhode Island Continuing Legal Education, May 2011; SBANE Webinar, 2011.
  • Understanding Real Estate Liens, Adler Pollock & Sheehan P.C., Client Seminar, 2011-2014.
  • 2010 Employment Law Update, Speaker, SBANE HR Committee, February 2010.
Honors
  • Named a Massachusetts Super Lawyer, 2015 and 2016.
  • Selected as a Massachusetts Rising Star, by Super Lawyers 2005-2014.
  • Roger Williams University School of Law, Law Review (Notes and Comments Editor 1999-2000).

SL-fazendeiro

Professional Affiliations
  • Smaller Business Association of New England (“SBANE”), Human Resources Committee, Co-Chair.
  • LEED Green Associate credential, pending.
  • Member, Massachusetts, Boston and American Bar Associations.
  • Member, Boston Bar Association, Business Litigation Committee.
  • Member, New York Bar Association, Securities Committee.
In the Community
  • Volunteer, Greater Boston Council of the Jimmy Fund.
  • Youth Sports, Volunteer Coach.
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