Michael Duffy
Partner
Education:
J.D., summa cum laude, Suffolk University Law School, 2001 (Editor-in-Chief, Suffolk University Law Review); B.A., University of
New Hampshire, 1998
Admitted to Practice:
Massachusetts; U.S. District Court for the District of Massachusetts; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the District of Columbia Circuit.
Mike Duffy’s practice focuses on advising clients through complex disputes arising out of business relationships, commercial transactions, land use, real estate development, and construction projects. He has represented clients in trials, appeals, mediations and arbitrations before state and federal courts, arbitrators and neutrals as well as state, regional and local regulatory bodies, commissions and boards.
Mike’s land use litigation experience is extensive. Mike is the Chair of the Salem Zoning Board of Appeals, and has represented landowners, developers and abutters in numerous planning, zoning and subdivision disputes. He is an adjunct faculty member at New England School of Law, where he has taught land use. Mike’s experience ranges from litigating first impression issues of constitutional and statutory authority, to zoning interpretation, open meeting and public records violations. He has represented developers of large commercial projects and residential property owners. Mike brings legal academic, local government, and a trial lawyer’s perspectives to resolving land use disputes. His overall experience also includes having successfully handled numerous real estate and construction litigation cases involving a wide variety of issues from property line, boundary and easement disputes to inverse condemnation cases.
Mike’s business and commercial litigation experience involves counseling business owners and operators through shareholder and derivative claims, corporate governance disputes, breach of fiduciary duty claims, employment matters, intellectual property, contract and business tort cases. In addition to helping clients resolve claims through direct negotiation, mediation and arbitration, Mike has represented dozens of clients through litigation, trial and appeal. A trial lawyer at heart, Mike is equally comfortable advocating in the boardroom and the courtroom. In addition to helping clients resolve legal disputes, Mike regularly acts as outside legal and compliance counsel for clients to help reduce risk and avoid problems before they become disruptive to business operations.
Prior to co-founding Tymann, Davis and Duffy, Mike was a law clerk to the Honorable Roderick L. Ireland of the Massachusetts Supreme Judicial Court, practiced at Choate, Hall & Stewart, LLP, one of Boston's most prominent law firms, and practiced at Ruberto, Israel & Weiner, P.C., New England’s preeminent restaurant and hospitality firm.
Representative Cases:
Land Use:
Won bench trial in the Land Court securing exclusive property rights to private way for owner of abutting multi-unit apartment complex.
Won summary judgment in the Land Court overturning planning board denial of site plan approval for large-scale cannabis cultivation facility.
Won summary judgment in the Land Court in a first impression declaratory judgment case striking down local bylaw attempting to ban recreational cannabis uses in conflict with pre-existing zoning regulations.
Obtained favorable settlement through mediation for commercial property owner in dispute with billboard licensee regarding unpaid rent and damages for lost use and value.
Business Litigation:
Won Appeals Court victory vacating Superior Court judgment that erroneously failed to grant damages to recycling and hauling business resulting from a breach of a long-term output contract.
Won arbitration judgment awarding injunctive relief and damages for condominium owner in dispute with condominium association and trustees concerning common area uses and maintenance expenses.
Won arbitration judgment for restaurant client granting injunctive and equitable relief requiring disruptive minority owner to sell shares back to the company and pay attorneys’ fees.
Obtained favorable settlement for recruitment and lead-generation company in dispute with minority owner resulting in buyback of minority shareholder’s interest at discounted value.
Obtained injunctive relief for publisher of construction cost estimating data against a company and individual infringing copyrights and trademarks through marketing and sales of counterfeit products over the internet.