Nicholas F. Feloney

Associate, Boston

617 226-3464

nfeloney@murphyking.com

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About Nicholas F. Feloney

Nick represents individuals and companies in high-stakes commercial litigation involving corporate and closely held business disputes, post-closing transaction litigation, construction and real estate disputes, land use and environmental enforcement matters, employment litigation, discrimination claims, and insurance coverage issues. He has obtained significant results for clients through dispositive motion practice, prejudgment attachments, emergency injunctive relief, trial, appeal, and negotiated resolution.

Before joining Murphy & King, Nick was a litigation associate at a mid-sized Boston law firm. During law school, Nick interned with the Massachusetts Trial Court, where he gained valuable insight from the court’s perspective. He also served as Lead Articles Editor of the Journal of High Technology Law at Suffolk University Law School and received the Best Oral Argument award in his first-year class and the Best Brief award in the Tom C. Clark Appellate Advocacy Competition.

Representative Engagements

Commercial, Corporate, and Transactional Litigation

Representing an online pharmacy company in post-closing litigation arising from an equity-transfer and purchase-option transaction involving disputed entitlement to substantial federal tax-credit refunds; secured prejudgment attachments on corporate and personal assets and recovered more than $1 million in refund payments to date.
Represented a commercial service provider in federal litigation to recover more than $1.5 million in unpaid invoices for services performed at a major Boston transportation and retail property.
Representing a director and minority shareholder of a closely held corporation in litigation asserting direct and derivative breach-of-fiduciary-duty claims.
On behalf of a limited partnership, successfully defended and resolved a putative class action alleging breach of contract and violations of M.G.L. c. 93A.

Construction, Real Estate, Land Use, and Environmental Litigation

First-chaired jury trial resulting in a verdict and fee award against a general contractor for violations of M.G.L. c. 93A.
Representing real estate development entities in consolidated, high-stakes litigation arising from residential subdivision development projects, involving disputes over construction obligations, project accounting, intercompany transfers, loan repayment, and related business tort and contract claims.
Obtained emergency TRO and preliminary injunctive relief on behalf of ten Massachusetts residents in an environmental enforcement action under M.G.L. c. 214, § 7A, enjoining a municipality and its contractor from conducting unpermitted staging, dumping, stockpiling, grading, hauling, and related work affecting protected wetlands resource areas and buffer zones.
On behalf of a LIHTC partnership, secured dismissal of a Land Court action seeking to enforce restrictive deed covenants and, on appeal, persuaded the Appeals Court to affirm the judgment.
Obtained summary judgment for an automotive repair business establishing that, contrary to a local zoning board decision, a use right created by special permit without a durational limit remains perpetual absent abandonment.
On behalf of consumers, successfully prosecuted construction claims against a corporate homebuilder, resulting in recovery for breach of contract and violations of the New Hampshire Consumer Protection Act.
On behalf of buyer, obtained specific performance of a purchase-and-sale agreement against the seller’s estate.

Employment Litigation

On behalf of a national travel company and its president, obtained summary judgment on claims for employee misclassification, unpaid commissions under the Massachusetts Wage Act, fraud, deceit, unjust enrichment, and violations of M.G.L. c. 93A.
On behalf of an automotive dealership, successfully defended former employees’ claims for Massachusetts Wage Act violations, age, race, and disability discrimination, and retaliation.
On behalf of employers and landlords, obtained lack-of-probable-cause determinations in numerous discrimination, harassment, and retaliation matters.

Insurance and Coverage Counseling

Advises insureds and litigants on complex coverage issues involving reservation-of-rights letters, the duty to defend, late notice, pre-notice defense costs, and expert-cost coverage.

Professional Involvement