Pierce Davis Perritano Proposal

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Name: John J. Cloherty III BBO# 566522 Firm Name: Pierce, Davis & Perritano, LLP Address: 90 Canal Street, 4th Floor, Boston MA 02114 Telephone: 617-350-0950 Fax No.: 617-350-7760 Email: [email protected]

1. Please identify by name (and BBO #, address and phone number if different

than above) the proposed Town Counsel and each proposed back-up counsel:

Proposed Town Counsel:

John J. Cloherty III, BBO# 566522 Pierce, Davis & Perritano, LLP 90 Canal Street Boston, MA 02110

Proposed Back-up Town Counsel:

Jason W. Crotty, BBO# 656313 Pierce, Davis & Perritano, LLP 90 Canal Street Boston, MA 02110

Proposed Alternate Back-up Town Counsel

Daniel G. Skrip, BBO# 629784 Pierce, Davis & Perritano, LLP 90 Canal Street Boston, MA 02110

In addition, these attorneys will have access to a wealth of legal experience from their firm

colleagues at Pierce, Davis & Perritano, LLP. The depth and scope of legal experience is more

fully described in the “Statement of Interest” attached hereto as Exhibit 1.

2. Please attach resumes or curriculum vitae for each attorney identified above.

Please see the attorney profiles attached hereto as Exhibit 2.

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3. Do each of the attorneys identified above meet the minimum bar admission

requirements of the RFP? If other than "yes", please explain.

Yes. Attorney Cloherty has represented municipalities in litigation for approximately sixteen

(16) years, while Attorney Crotty has represented municipalities in litigation for approximately

five (5) years. Proposed Alternate Back-up Town Counsel Attorney Skrip has represented

municipalities in litigation for approximately twelve (12) years.

4. With respect to each attorney identified, please list each and every

Massachusetts municipality represented by the attorney within the past ten

years, the years of such representation, and the name, address and phone

number of at least one contact person in each municipality with knowledge of

the attorney's representation.

Attorneys Cloherty, Crotty, and Skrip practice in the Governmental, Municipal, and School

Liability Practice Group at Pierce, Davis and Perritano, LLP. Their representation of municipal

clients is predominately in defense of litigation through the municipal insurance carrier.

Additionally, all three Attorneys have been directly retained by municipalities for legal

representation in discreet claims not covered by insurance, or to provide direct legal advice

concerning matters outside of litigation. Thus Attorneys Cloherty, Crotty, and Skrip have

represented scores of municipalities in Massachusetts, and Attorney Cloherty also has an active

municipal practice in Rhode Island. A list of the Massachusetts municipalities each Attorney has

represented follows below. A list of municipal references is attached hereto as Exhibit 3.

Attorney Cloherty:

Amesbury, Andover, Ashburnham, Ashland, Attleboro, Auburn, Belchertown, Belmont,

Beverly, Billerica, Boston, Boxborough, Braintree, Brockton, Charlton, Chelsea, Cohasset,

3

Danvers, Deerfield, Dracut, Everett, Fairhaven, Fitchburg, Foxborough, Framingham, Franklin,

Georgetown, Gloucester, Grafton, Greenfield, Hanover, Hanson, Harwich, Haverhill, Holliston,

Hopkinton, Hudson, Hull, Lexington, Lynn, Lynnfield, Mansfield, Marblehead, Marlborough,

Mashpee, Melrose, Methuen, Milton, Natick, Needham, Newburyport, Norfolk, North Andover,

North Attleboro, Peabody, Plymouth, Plympton, Randolph, Raynham, Rehoboth, Rowley,

Salem, Salisbury, Sandwich, Saugus, Seekonk, Scituate, Somerset, Southborough, Stoneham,

Swansea, Tewksbury, Tyngsborough, Wakefield, Waltham, Wareham, Watertown, Wellesley,

Westminster, Weston, Westport, Weymouth, Wilmington, Winthrop, Wrentham, Yarmouth.

In addition Attorney Cloherty has represented numerous other governmental entities such

as Regional School Districts, Water Districts, and Fire Districts.

Attorney Crotty:

Abington, Barnstable, Billerica, Blackstone, Braintree, Brewster, Centerville, Cheshire,

Cohasset, Concord, Danvers, Dennis, Edgartown, Falmouth, Foxboro, Framingham,

Georgetown, Halifax, Hanover, Harwich, Haverhill, Hopkinton, Hull, Leominster, Lynnfield,

Marlborough, Mashpee, Milton, Nantucket, Newburyport, North Attleboro, North Reading,

Norwell, Norwood, Oak Bluffs, Rowley, Salem, Sandwich, Sharon, Truro, Wakefield, Wareham,

Wellesley, Weymouth, Winthrop, Woburn.

In addition Attorney Crotty has represented numerous other governmental entities such as

Regional School Districts, Water Districts, and Fire Districts.

Attorney Skrip:

Acton, Andover, Attleboro, Auburn, Ayer, Barnstable, Bellingham, Berkley, Beverly, Billerica,

Blackstone, Bourne, Braintree, Bridgewater, Brockton, Canton, Carlisle, Chelmsford, Chelsea,

Cohasset, Concord, Danvers, Dartmouth, Deerfield, Dennis, Douglas, Dover, Dracut, East

4

Bridgewater, Easton, Everett, Fairhaven, Falmouth, Fitchburg, Franklin, Gardner, Gloucester,

Hanover, Haverhill, Holliston, Hopkinton, Hudson, Hull, Kingston, Lawrence, Lee, Lexington,

Lynnfield, Marblehead, Marshfield, Mashpee, Maynard, Melrose, Methuen, Middleboro,

Middleton, Milton, Montague, Nahant, Needham, New Bedford, Newburyport, North Andover,

North Attleboro, Norwell, Norwood, Palmer, Peabody, Pepperell, Plymouth, Raynham,

Rehoboth, Richmond, Rochester, Rockport, Salem, Saugus, Sharon, Somerset, Stoneham,

Stoughton, Swampscott, Taunton, Tewksbury, Townsend, Wakefield, Wareham, Watertown,

Wayland, Webster, Westminster, Westport, West Tisbury, Weymouth, Whitman, Wilmington,

Woburn, Wrentham.

In addition Attorney Skrip has represented numerous other governmental entities such as

Regional School Districts, Water Districts, and Fire Districts.

5. Please describe each identified attorney's experience in municipal law.

John J. Cloherty III is Managing Partner at Pierce, Davis & Perritano, LLP. His practice is

focused on litigation and trial advocacy in Federal court and in the State courts in both

Massachusetts and Rhode Island, as well as before administrative agencies such as the

Massachusetts Commission Against Discrimination. Mr. Cloherty is a seasoned litigator who

has represented numerous municipalities, schools and school districts, and other governmental

agencies and their officials in defense of negligence, motor vehicle torts, premises liability,

negligent security, medical malpractice, civil rights, discrimination, zoning and licensing

disputes, and intentional tort claims. He has represented individuals and public employers under

the Civil Rights laws of the United States and Massachusetts and Rhode Island, as well as the

state and federal anti-discrimination laws. His trial experience includes diverse cases such as

First Amendment claims, employment discrimination, whistleblower retaliation, motor vehicle

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torts, breach of contract claims, property nuisance, and accounting malpractice. His advocacy

has resulted in a number of reported Appellate decisions which has helped define the law

concerning municipal liability. In defense of his municipal and school clients, Mr. Cloherty has

interacted with local governmental officials to advise them of defense strategy, inform them of

their rights and obligations and prepare them for potential testimony. Mr. Cloherty has a number

of legal publications, including the recent chapter published by Thompson West entitled

"Navigating Municipal Employment Issue, A Discussion of Emerging Trends in Municipal

Law", Aspatore Publishing, Thomson/Reuter, 2011 WL 6740832 (December 2011). He is a

frequent lecturer/panelist in continuing education seminars for other lawyers, as well in-house

seminars for client training.

Jason Crotty is a Senior Associate at Pierce, Davis & Perritano LLP. His practice is

focused on litigation and trial advocacy in defense of governmental subdivisions and agencies in

the Massachusetts state and federal courts. Mr. Crotty has defended litigation against

municipalities throughout the Commonwealth in a broad range of areas. This includes defense

of public officials and employees in personal injury claims, employment disputes, and civil

rights litigation. He has trial experience as lead counsel representing the municipality and

otherwise controls all aspects of the litigation defense from discovery through

mediation/arbitration to dispositive motions and/or trial and appeal. Mr. Crotty has a proven

track record of success in obtaining dismissal or summary judgment of claims against his

governmental clients.

Daniel Skrip is a Partner at Pierce, Davis & Perritano, LLP. He litigates in federal and state

courts in the area of municipal defense. He has defended not only cities and towns, but also

teachers, firefighters, town managers and other public employees in tort and civil rights actions.

6

He also has handled matters before the Massachusetts Commission Against Discrimination and

the Division of Labor Relations. The publishers of “Law & Politics” and “Boston” magazine

have recognized Mr. Skrip as one of the Massachusetts's "Rising Stars" in the field of municipal

defense for four years: May 2005, November 2009, November 2010 and November 2011. In

2011, Attorney Skrip authored two articles relating to municipal defense: “Third-Party

Actions/Associational Standing - Thompson v. North American Stainless,” for The Municipal

Law Newsletter of the City Solicitors and Town Counsel Association; and “SJC Applies Tort

Claims Act Immunity to Private Nuisance Claims,” for the MMA Municipal Advocate

Magazine.

6. Please describe how you propose to satisfy the Accessibility requirements of the

RFP.

The law firm of Pierce Davis & Perritano, LLP is a full service downtown Boston law firm

comprised of 22 attorneys with a local and national practice. The firm employs a sizeable

support staff and has a significant Information Technology infrastructure. Attorneys Cloherty,

Crotty, and Skrip may be reached during business hours through telephone, facsimile or email.

Both Attorneys have remote access to email and telephone messages at all times. Attorney

Cloherty resides in Canton, Massachusetts, approximately 31 miles from Duxbury. Attorney

Crotty is a native of Hull, Massachusetts who now resides in Scituate, Massachusetts,

approximately 15 miles from Duxbury. Although Attorney Skrip resides in Nahant,

Massachusetts, his travel for the purposes of representing Duxbury would be calculated from the

firm office in Boston, approximately 37 miles from Duxbury.

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7. Please describe how you propose to satisfy the Back-up requirements of the

RFP.

Attorney Crotty and Attorney Skrip are experienced municipal litigators who have

successfully defended a broad range of claims against municipalities brought under divergent

legal theories. In the event Attorney Cloherty is not available to respond within the time frame

for communications in the Request for Proposals, either Attorney Crotty or Attorney Skrip will

be available. The team approach where all three attorneys remain equally available to respond to

all matters for which the Town needs legal assistance will be employed.

8. What factors might prevent you from attending every session of Annual and

Special Town Meetings and an occasional Board of Selectmen's Meeting on

Monday evenings?

There are no factors anticipated where Attorney Cloherty or alternatively Attorney Crotty or

Attorney Skrip would not be available.

9. Would you be available to review and approve as to form and content all

contracts to which the Town is a party?

Yes.

10. How would you conduct or oversee all litigation, including administrative

proceedings, in which the Town and its boards are involved in their official

capacity, to the extent such legal services are not provided by the town's

insurance carriers?

Attorneys Cloherty, Crotty and Skrip would defend or prosecute all such legal matters with

the same zealousness dedicated to their present litigation. All three attorneys are litigators who

bring a wealth of experience to such direct representation of the Town.

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11. How would you be able to provide training to town employees and Boards

commissions and committees in such topics as Open Meeting Law, Public

Records law, and requirements for calling Executive Sessions for example?

Attorney Cloherty was a panelist in the Massachusetts Interlocal Insurance Association, 2009

Risk Management Seminar, on “Conflict of Interest - For Elected and Appointed Officials”

wherein his specific topic was the public records law. Attorneys Crotty and Skrip both have

experience providing in-house training seminars to various clients. Providing seminars to

employees concerning the regulatory environment affecting their employment is readily

accomplished by translating real-world experience from litigation arising from the employment

context, accompanied by a thorough research of the law and legal commentary about the training

topic. Creating visual aids and handouts for distribution during the seminar is a proven method

of conveying the training message and providing a resource to employees for later usage.

12. Please identify any past or current clients that may give occasion to a conflict of

interest to arise as a result of representing the Town of Duxbury.

Pierce, Davis & Perritano LLP attorneys have represented the Town of Duxbury in litigation

through its insurer approximately 10 times. There are no anticipated conflicts of interest in

future representation of Duxbury.

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RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Fees and Expenses Response Sheet

1. Please list the name and hourly rate for proposed town Counsel and for each

attorney intended or likely to serve as back-up:

Town Counsel Cloherty will bill at a rate of $155/hour.

Back-up Town Counsel Crotty will bill at a rate of $135/hour.

Alternate Back-up Town Counsel Skrip will bill at the partner rate of $155/hour.

2. If you propose to bill for services provided by paralegals, clerical staff, or other

non-attorney personnel, please list by title and by hourly rate each position for

which you may bill:

Paralegals will bill at a rate of $90/hour.

We shall utilize staffing in as prudent and cost-effective manner as possible.

3. Please provide a complete listing of all charges for out-of-pocket expenses you

intend to impose as incurred (i.e. any and all copy charges, telephone charges,

fax charges, mileage charges and the like, but excluding any fees for

stenographers, court fees, service fees and the like):

We are conscience to minimize client expenses and will not incur any expenses to exceed $100

without prior client approval. Our standard rate for copying expenses is $.16/page, while fax

transmittals are $.50/page. The expense for travel is calculated at the federal mileage

reimbursement rate, plus reimbursement for parking if necessary. There are no telephone

charges.

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4. In what hourly increments do you intend to bill?

Time will be billed in increments of 1/10th of an hour. Our standard invoices include a brief

description of each activity performed, the date of performance, the billing attorney, and the

amount of time spent on the activity.

5. Do you bill attorney time out of the office on a portal-to-portal basis or some

other basis? Please describe:

Yes, a portal-to-portal basis.

6. Do you intend to propose an alternative fee arrangement? Yes __ No _X_. If

"yes" please attach additional sheet(s) fully describing and explaining your

proposal.

While not proposing such an arrangement for this bid, Pierce, Davis & Perritano LLP remains

open to discussions with clients concerning potential alternative fee arrangements.

EXHIBIT 1

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RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Statement of Interest – Pierce, Davis & Perritano, LLP

At Pierce, Davis & Perritano, LLP, we are pleased to have the opportunity to submit this bid in response to a Request for Proposals for the Town Counsel position at the Town of Duxbury. Founded in 1998, Pierce, Davis & Perritano is a full service civil litigation and trial firm with twenty-two attorneys based in Boston. Our attorneys concentrate on municipal liability, product liability, toxic tort, and other specialty liability litigation. We also have extensive experience providing consultation and litigation services to governmental entities and businesses in areas ranging from contractual relations to employment practices.

The proposing attorney, John Cloherty, seeks to expand the firm’s current municipal and school litigation practice area to service as Town Counsel. The advantage of retaining an experienced municipal litigator from PD&P as Town Counsel is the ability to tap into the knowledge base and resources of the entire firm. The partners of the firm alone have over 100 years of litigation and trial experience. We doubt there is any legal issue facing the Town of Duxbury for which someone at our firm has not already had detailed experience to share. This is especially true of the municipal law practice group, which is lead by Attorney John Davis. Attorney Davis represented the Town of Dartmouth in the landmark case of Brum v. Dartmouth, and is well-recognized in the legal community as an expert in the field of municipal law. Attorney Cloherty has a similar reputation as a leading municipal law practitioner, as lead counsel in numerous reported Appellate Court decisions governing municipal law, who has also published articles on municipal law and secured numerous defense verdicts representing municipalities in the trial courts of Massachusetts and Rhode Island.

In addition to the firm’s litigation experience, PD&P often provides legal advice and services for municipalities in matters outside of litigation. Examples of this type or legal work include:

• Conducting Internal Employment Investigations

• Handling/responding to public records requests

• Coordinating Chapter 30A appeals

• Holding public hearings

• Handling/responding to Open Meeting Law complaints

• Drafting Requests for Proposals

• Tendering Insurance Coverage opinions

• Responding to Employment Grievances/arbitrations

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In addition to our voluminous litigation experience defending tort law claims and the more complex claims brought under civil rights and anti-discrimination laws, our municipal and school practice group has litigated more discreet and unusual issues confronting local governments. These include cases involving transfer station site assignments, dock permits, wind turbines, Native American rights, the Wetlands Protection Act, shellfish harvesting disputes, and many others. Attorney Cloherty has been involved in complex litigation arising under the Federal Telecommunications Act concerning cell tower construction, Inter-municipal Agreements for the Construction of Regional Waste Treatment Facilities, and claims concerning the misappropriation of municipal bond funds. In short, there are not many subjects facing municipalities which Attorney Cloherty or the other municipal attorneys at PD&P have not already confronted and resolved. We hope to bring this broad array of experience to directly serve the needs of the Town of Duxbury and citizens.

Thank you for your consideration of this proposal.

EXHIBIT 2

John J. Cloherty III

[email protected]

p: (617) 350-0950

f: (617) 350-7760

On Justice:

“Truth is its handmaid,

freedom is its child, peace is its

companion, safety walks in its

steps, victory follows in its

train.”

– Sydney Smith

Practice Areas:Higher Education Litigation

Workplace Investigations

Employment Law

General Litigation

Product Liability

Governmental, Municipal &School Liability

Civil Rights

Education:Suffolk University Law School,J.D., cum laude, 1993

Providence College, B.A., cumlaude, 1986

John J. Cloherty III is Managing Partner at Pierce, Davis & Perritano, LLP. His

practice is focused on litigation and trial advocacy in defense of individuals,

corporations and governmental subdivisions and agencies in Federal court and in

the State courts in both Massachusetts and Rhode Island. Mr. Cloherty represents

public and private employers in defense of charges of discrimination before the

Massachusetts Commission Against Discrimination. He also is a frequent lecturer for

the Massachusetts Continuing Legal Education, Inc., having served as a panelist

together with various members of the federal bench for the annual seminar entitled

Trying Your First (or Next) Civil Case in Federal Court for a number of years.

Mr. Cloherty has represented numerous individuals, corporations, municipalities,

schools and school districts, and other governmental agencies in defense of

negligence, motor vehicle torts, product liability, premises liability, negligent security,

medical malpractice, civil rights, discrimination, zoning and licensing disputes, and

intentional tort claims. He has represented individuals and public employers under

the Civil Rights laws of the United States and Massachusetts and Rhode Island, as

well as the state and federal anti-discrimination laws. His trial experience includes

diverse cases such as First Amendment claims, motor vehicle torts, breach of

contract claims, property nuisance, accounting malpractice, and employment

discrimination.

Mr. Cloherty also has experience representing individual property owners and

municipalities in claims brought under the Federal Telecommunications Act (“TCA”)

concerning the permitting, site selection and construction of cellular communications

towers. Mr. Cloherty has defended product manufacturers in claims of liability

alleging defective Construction Equipment and Truck Campers. Mr. Cloherty has an

active practice representing elevator maintenance and installation companies in

personal injury lawsuits. He garnered substantial trial experience in criminal law,

early in his career while serving as a State Assistant Public Defender for two years.

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

Bar Admissions:

State of Rhode Island (1993)

Commonwealth of Massachusetts (1994)

U.S. District Court, District of Rhode Island (1994)

U.S. District Court, District of Massachusetts (1996)

United States Court of Appeals for the First Circuit (1998)

United States Supreme Court (1998)

Association Memberships:

Boston Bar Association

Rhode Island Bar Association

National Association of College and University Attorneys (NACUA)

Publications:

"Navigating Municipal Employment Issue, A Discussion of Emerging Trends in

Municipal Law", Aspatore Publishing, Thomson/Reuter, 2011 WL 6740832

(December 2011);

Co-Author, Chapter 2: Massachusetts Rules of Evidence in the Federal Courts,

Massachusetts Evidence – A Courtroom Reference (MCLE 2008);

Chapter 5, “Legal Defense of Law Enforcement Officers in Police Shooting Cases,”

published in Suicide By Cop – Inducing Officers to Shoot: Practical Direction for

Recognition, Resolution, and Recovery, (Vivian B. Lord) (Looseleaf Law

Publications, Inc. 2004);

Note, The Serious Juvenile Offender in the Adult Criminal System: The

Jurisprudence of Rhode Island's Waiver and Certification Procedures, 26 Suffolk

U.L. Rev. 407 (1992).

Reported Decisions:

Dinitto v. Pepperell, 77 Mass. App. Ct. 247, 929 N.E.2d 979 (2010);

Ciampi v Westerly, 598 F.Supp.2d 257 (Dist. R.I. 2009);

Assoc. of Comm. Org. Reform Now v. East Greenwich, 453 F. Supp. 2d 394, (D.

Mass. 2006) Aff’d, 239 Fed. Appx. 612 (1st Cir. 2007);

McNiff v. Dracut, 433 F. Supp. 2d 145 (D. Mass. 2006);

Doe v. East Greenwich Sch. Dept., 899 A.2d 1258 (R.I. 2006);

Lacava v. Lucander, 791 N.E.2d 358 (Mass. App. Ct. 2003);

Mullin v. Town of Fairhaven, 284 F.3d 31 (1st Cir. 2002);

Collins v. Nuzzo, 244 F.3d 246 (1st Cir. 2001);

Rogan v. Menino, 175 F.3d 75 (1st Cir. 1999);

Burnham v. City of Salem, 101 F. Supp. 2d 26 (D. Mass. 2000);

Standifird v. Town of Boxborough, 84 F. Supp.2d 213 (D. Mass. 2000); aff'd 230

F.3d 1347 (1st Cir. 2000).

Speaking Engagements:

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

Massachusetts Bar Association, Individual Rights and Responsibilities Section

Open Meeting, What's Bullying, Panelist, Feb. 9, 2011;

Massachusetts Continuing Legal Education, Inc., 8th Annual Municipal Law

Conference, What's New in Personnel Law and Labor Relations, Mar. 18, 2010;

Massachusetts Interlocal Insurance Association, 2009 Risk Management Seminar,

Conflict of Interest - For Elected and Appointed Officials, Panelist, Jun. 10, 2009;

Massachusetts Continuing Legal Education, Inc., Trying Your First, or Next, Civil

Case in Federal Court, Panelist, Apr. 10, 2003; Mar. 31, 2004; Mar. 24, 2005; Mar.

23, 2006; Mar. 1, 2007; Apr. 9, 2008.

Recent Newsletter Articles:

The Massachusetts Anti-Bullying Statute and Public School Liability;

SJC Interprets Open Meeting Law Against Municipality: District Attorney v. School

Committee Of Wayland, 455 Mass. 561 (2009);

Governmental Employee Email As Public Records;

Disability Discrimination – ADA Amendments Act Of 2008 Expands Key Terms.

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

Jason W. Crotty

[email protected]

p: (617) 350-0950

f: (617) 350-7760

“The good of the people is the

chief law.”

–Cicero

Practice Areas:General Litigation

Product Liability

Governmental, Municipal &School Liability

Education:Suffolk University Law School,J.D., 2002

Florida State University, M.S.,Criminology and CriminalJustice, 1997

University of Massachusetts,B.A., Sociology, 1994

Jason Crotty is a senior associate with Pierce, Davis & Perritano, LLP. His practice is

focused on litigation and trial advocacy in defense of corporations, individuals,

governmental subdivisions and agencies in the Massachusetts state and federal

courts.

Mr. Crotty’s practice centers on defending municipalities throughout the

Commonwealth in a broad range of areas. This includes defense of public officials

and employees in personal injury claims, employment disputes, and civil rights

litigation. Additionally, his practice is focused on product liability defense, with an

emphasis on defending manufacturers and installers of elevators, escalators and

other products and machinery. Notably, Mr. Crotty was involved in several high

profile cases, including the toxic exposure litigation which ensued as a result of the

September 11, 2001 terrorist attacks on the World Trade Center in Manhattan, NY,

and the civil litigation surrounding the Boston office of the FBI's use of underworld

figures as confidential informants and the murders which allegedly resulted from that

endeavor.

Before joining Pierce, Davis & Perritano, LLP, Mr. Crotty practiced in Palm Beach

County, Florida for a number of years, specializing in products liability and general

civil litigation. During law school, Mr. Crotty was a certified legal intern at the Broward

County State Attorney's office.

Bar Admissions:

State of Florida (2002)

Commonwealth of Massachusetts (2003)

U.S. District Courts of Florida, (Southern and Northern Districts) (2003)

U.S. District Court, District of Massachusetts (2004)

Association Memberships:

Massachusetts City Solicitors and Town Counsel Association

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

Recent Newsletter Articles:

Town Held Immune For Fire Department Inspections: Friends of the Plymouth

Pound, Inc. v. Town of Plymouth, PLCV2011-00763 (Mass. Super. Ct., Nov. 7,

2011);

Town Held Immune From Private Nuisance Claim Under the Massachusetts Tort

Claims Act: Glasman v. Town of Sharon, NOCV2009-1050 (Mass. Super. Ct., July

22, 2011);

Tort Suit Dismissed For Failure To Make Adequate Presentment: Kelly v. Wareham,

Plymouth Superior Court, C.A. No. 08-00917-B.

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

Daniel G. Skrip

[email protected]

p: (617) 350-0950

f: (617) 350-7760

“Determine that the thing can

and shall be done, and then we

shall find the way.”

–Abraham Lincoln

Practice Areas:Business Litigation

Employment Law

General Litigation

Governmental, Municipal &School Liability

Civil Rights

Education:Boston College Law School,J.D., 1995

Pennsylvania State University,B.A., with distinction, 1991

Daniel G. Skrip is a Partner with Pierce, Davis & Perritano, LLP. His practice focuses

on litigation and trial advocacy in federal and state courts in the area of municipal

defense. Not only does he defend cities and towns, but he also defends teachers,

firefighters, police officers, town managers and other public employees in tort and

civil rights actions. He also practices before various commissions around the

Commonwealth such as the Massachusetts Commission Against Discrimination and

the Division of Labor Relations.

Professional Recognition: The publishers of LAW & POLITICS and Boston

magazine have recognized Mr. Skrip as one of the Massachusetts's "Rising Stars" in

the field of municipal defense for three years - May 2005, November 2009 and

November 2010.

Scholastic Achievements: While at Pennsylvania State University, Mr. Skrip

earned membership into the Phi Beta Kappa academic fraternity and was awarded

the Academic-Athletic Achievement Award due to his achievements as a

student-athlete. Mr. Skrip was a wide receiver on Penn State's football team.

Bar Admissions:

Commonwealth of Massachusetts (1996)

Commonwealth of Pennsylvania (1996)

U.S. District Court, District of Massachusetts (2000)

United States Court of Appeals for the First Circuit (2000)

Association Memberships:

Boston Bar Association

Massachusetts Association of Town Counsel and City Solicitors

Massachusetts Municipal Association

Luzerne County Bar Association

Publications:

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

"Third-Party Actions/Associational Standing - Thompson v. North American

Stainless," The Municipal Law Newsletter of the City Solicitors and Town

Counsel Association (Winter 2011);

"SJC Applies Tort Claims Act Immunity to Private Nuisance Claims," MMA

Municipal Advocate (July 2011).

Reported Cases:

Eldredge v. Town of Falmouth, et al., 662 F.3d 100 (1st Cir. 2011);

Ariel v. Town of Kingston, 69 Mass.App.Ct. 290 (2007);

Wood v. Town of Falmouth, 419 F.Supp.2d 3 (Dist. Mass. 2006);

Keenan v. Town of Weymouth Fire Department, 2006 WL 3258247 (October 31,

2006; MCAD).

Recent Newsletter Articles:

First Circuit Court of Appeals Holds Police Officers Entitled to Qualified Immunity: Eldredge v. Town of Falmouth

Eldredge v. Town of Falmouth, 662 F.3d 100 (1st Cir. 2011);

School Officials Held Not Liable For Defamation While Performing Official Duties: ARCADD, Inc. v. Patterson

ARCADD, Inc. v. Patterson, 80 Mass. App. Ct. 1111 (2011).

Teaching Experience:

Political Science 307 (Environmental Law and Policy) at Boston College;

Employment and Labor Law at Curry College (Guest Lecturer).

Community Involvement:

National Ski Patrol, Wachusett Mountain, 2005-present;

Newton Pop Warner Football, Coach, 1993-2004.

90 Canal Street Boston, MA 02114-2018 | p: (617) 350-0950 | f: (617) 350-7760 | www.piercedavis.com

EXHIBIT 3

1

RESPONSE TO REQUEST FOR PROPOSALS FOR DUXBURY TOWN COUNSEL

Municipal Client References

Attorney Cloherty: Jack Hathaway, Town Administrator Town of Norfolk Town Hall One Liberty Lane Norfolk, MA 02056 (P) (508) 528-1408 [email protected] Mark Fisher, Town Administrator Town of North Attleborough 43 South Washington St. North Attleborough, MA 02760 (508) 699-0100 [email protected] John Curran, Town Manager Billerica Town Hall 365 Boston Road, Office #207 Billerica, MA 01821 (P) (978) 671-0942 [email protected] Attorney Crotty: Chief Thomas Reardon Norwell Fire Department 620 Main Street Norwell, MA 02061 (781) 659-8158 [email protected] James B. Lampke, Esq. Town Counsel-Town of Hull 115 North Street, Suite 3 Hingham, MA 02043 (781) 749-9922 [email protected]

2

Greg Balukonis Town Administrator 235 North Street North Reading, MA 01864 (978) 357-5210 [email protected] Attorney Skrip: James Boudreau, Town Administrator Town of Norwell 345 Main Street Norwell, MA 02061 (781) 659-8000 [email protected] Attorney George E Lane, Jr. Weymouth Town Counsel 87 Broad Street Weymouth, MA 02188-2313 (781) 337-3613 [email protected] Michael A. Caira, Town Manager (ret.) Town of Wilmington 121 Glen Road Wilmington, MA 01887 (978) 658-3311

EXHIBIT “A”

Attachment A

Municipal Law Experience Checklist

Rate your experience in the following areas of municipal law using the scale below: 1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience

3 Zoning G.L. c. 40A

2 Chapter 40B Affordable Housing

1 Chapter Lands G.L. c. 61, 61A, 6lE (and rights of first refusal)

3 Education G. L. c. 70, 71, 72, 74, 76

1 Community Preservation Act G.L. c. 44B

3 Municipal Finance

1 Liquor Licensing

2 Conduct of Open Town Meeting

3 Subdivision Control Law

3 Public Bidding and Construction Law

4 Internal Investigations within Municipality

1 Land Acquisitions by Municipality

4 Open Meeting Law

3 Conflict of Interest Law

3 Wetlands Regulation (State and Local)

4 Oil & Hazardous Waste Contamination G.L. c. 2lE

EXHIBIT “B”

Attachment B Statement of Litigation Experience

Rate Your Experience Practicing with the following Courts, Boards and Commissions based on the scale listed below.

1. No experience 2. Limited experience 3. Moderate experience 4. Advanced experience 5. Extensive experience

5 Trials before State Courts (District, Superior, Land Courts)

5 Trials before Federal District Courts

5 Appeals before Massachusetts Appeals Court

1 Appeals before Massachusetts Supreme Judicial Court

1 Administrative Proceedings before Massachusetts Civil Service Commission

4 Arbitration Proceedings

5 Mediation Proceedings

1 Administrative Proceedings before Massachusetts Appellate Tax Board

1 Administrative Proceedings before Massachusetts Department of Environmental

Protection

1 Administrative Proceedings before the ABCC

1 Administrative Proceedings before the Housing Appeals Committee

1 Administrative Proceedings before Division of administrative Law Appeals