Phone

Email

david.moynihan@mclane.com

Office

City Hall Plaza
900 Elm Street
Manchester, NH 03101

Practice/Industry Groups

• Real Estate
• Corporate Law

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David K. Moynihan
Of Counsel

David's practice focuses on real estate matters and related matters including acquisitions, leasing and condominium law.

Department

Real Estate

Areas of Practice

• Real estate acquisitions and sales
• Commercial lending
• Commercial leasing
• Condominium law
• Business formation and counseling
• Business transactions

Representative Clients & Work:

• Handled legal matters for Brady Sullivan Properties, including negotiating and drafting purchase and sale agreements, condominium documents, commercial and residential leases, conveyance instruments, like-kind tax deferred exchange agreements under section 1031 of the IRC, and zoning review and analysis. David handled the acquisition of numerous commercial properties, including the Brady Sullivan Plaza (formerly known as the Hampshire Plaza), One Wall Street, Mill West, 2 Commerce Drive, and Lancaster Mills. David also represented the company in the acquisition and conversion to condominiums of numerous apartment communities in New Hampshire and Massachusetts.
• Integral in securing an investment grade rating for $275,000,000 in long-term financing for Portland Natural Gas Transmission System. Representation included drafting the private placement memorandum, note purchase agreement, related security documents, and assisting in the presentation to the rating agencies. David also coordinated the engagements of the company's placement agent, engineering, insurance and market consultants and other disciplines required for the offering documents.
• Negotiated acquisition contracts, researched titles, and handled the acquisition of numerous commercial office buildings in suburban Boston for Cummings Properties. David handled conversions of the former Choate Hospital in Woburn, and the former Madonna Hall facility in Marlborough to assisted and independent living facilities under MGL c. 93, Section 76. David also negotiated the Tax Increment Financing Plan and obtained Project Certification status from the Massachusetts Office of Business Development for the 1,300,000 square foot Cummings Center facility (formerly the United Shoe Machinery complex) in Beverly, Massachusetts, providing for abandoned building and long-term investment tax credits, and other significant benefits.
• Corporate and transactional experience includes drafting documents for the organization and/or formation of corporations, partnerships, and limited liability companies, and contracts and agreements related thereto.
• Civil litigation experience includes drafting pleadings, deposition practice, participated in complex commercial arbitrations and mediations, and motion practice in state and federal courts. Integral in developing the litigation and settlement strategy in Portland Natural Gas Transmission System's first rate case filed at the Federal Energy Regulatory Commission, including drafting pre-filed testimony, drafting responses to data requests, engaging experts, reviewing answering and rebuttal testimony, and negotiating procedural issues.

Admissions

• Massachusetts
• New Hampshire
• U.S. District Court, Massachusetts
• First Circuit Court of Appeals

Professional & Association Memberships

• Massachusetts Bar Association
• New Hampshire Bar Association

Career

• J.D., California Western School of Law, San Diego, CA
• B.A., Political Science, Merrimack College, North Andover, MA
• Certificate of Completion (Institute of International and Comparative Corporate Law), King's College of Law, London, England.

Community Activities

• Served on Ipswich Planning Board and Master Plan Commission.
• Served as President, Friends of Ipswich Public Library.
• Served on the building and advisory committee for the Ipswich Public Library expansion.

Recent Publications & Lectures

• Business Litigation Conference 2004 (in-house counsel perspective, panel chair), Massachusetts Continuing Legal Education, January 2004.
• Discovery of E-Mail and other Electronically Stored Information, Massachusetts Bar Association, February 2000.
• Business Organizations, Paralegal Program, North Shore Community College.
• Employers Must be Prepared for the ADA Legislation, Woburn Advocate.