Phillips and Angley Areas of Practice

AREAS OF PRACTICE

Zoning, Land Use, Environmental, and Real Estate Litigation
Corporate and Business Litigation
ERISA and Disability Insurance Claims
Financial Services and Bankruptcy/Creditor Rights Litigation
Business and Corporate Services
Personal Injury and Professional Malpractice
About our fees

ERISA and Disability Insurance Claims Fill out this form for a free evaluation
Imagine the following scenario: You suffer a severe injury or illness that prevents you from working. You notify your employer or your insurance company about your unfortunate circumstance. You seek disability benefits that either you and/or your employer paid premiums to the insurer to protect you. You expect that the insurance company will keep its promise, will investigate your claim promptly, and fairly, and will pay you what you deserve. It does not always happen this way.

Faced with the need for disability insurance, you read your disability insurance policy or plan for the first time. The document seems simple, but yet at the same time complex. The language of disability insurance is often unclear and open to broad interpretation. There is startling lack of uniformity of particular definitions within disability insurance policies, and core provisions, can vary substantially. The harsh reality is that you have stumbled into a complex and frequently disputed area of the law. As soon as you believe that the insurer is not treating you fairly, is unreasonably delaying processing of your claim, or you just have a feeling that something is not right, you should seek the assistance of an attorney.

On September 2, 1974 (Labor Day) Congress enacted the Employee Retirement Income Security Act (ERISA). Although the statute uses the word retirement in its title, ERISA governs both retirement benefits (pensions) and employee welfare benefit plan. Those are benefits that private sector employers provide to employees; government employees and those employed by churches are not subject to ERISA. Typical ERISA governed employee welfare benefit plans, include, disability insurance; health insurance or health plans, including those provided through Health Maintenance Organizations (HMO); sometimes severance plans and other type of employee benefits. Retirement benefits, are regulated under separate provisions of ERISA that are more protective of employees than those pertaining to welfare benefit plans.

Since the early 1990s, our attorneys have successfully handled numerous disability cases governed under both ERISA and state laws. Because ERISA litigation is almost universally determined in the Federal Courts, we have the ability to litigate cases nationwide. We also have corresponding relationships with attorneys throughout the country who concentrate in disability insurance litigation. In addition, we have represented individuals in claims pertaining to wrongful denial of health insurance benefits, severance benefits, and other employer provided health benefit claims.

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Zoning, Land Use, Environmental, and Real Estate Litigation

Phillips & Angley is a premier Massachusetts law firm in zoning and land use litigation. As litigation counsel for a regional wireless telecommunications provider and tower developer, our attorneys have been on the cutting edge of litigation under the Telecommunications Act of 1996 and the Massachusetts Zoning Act. On behalf of commercial and residential real estate developers, we are regularly involved in appeals of special permits, variances, site plan review, subdivision projects and zoning enforcement decisions. We represent landowners aggrieved by the improper permitting of sites and uses. Our practice also involves litigation of adverse possession and prescriptive easement claims, access and easement issues, boundary disputes, breach of contract and specific performance of land sales contracts, and landlord-tenant disputes. Our land use litigation extends into the area of environmental law through our work before local conservation commissions, MEPA review and related state and federal permitting and administrative appeals to DEP. We regularly appear in the Massachusetts Land Court, Superior Court, U.S. Federal Court and DEP Administrative Hearings.

As legal advisors, we are involved in all aspects of commercial and real estate development, including entity formation, site acquisition, permitting and appeals. We provide complete land transaction services. We advise condominium associations and represent landlords and tenants in commercial leasing. A brief listing of services include:

Telecommunications Law and Litigation
Zoning Appeals -special permits, variances and site plan review
Subdivision Appeals
Wetlands and Environmental Litigation
Easements, Adverse Possession and Boundary Disputes
Land Contract Disputes
Landlord-Tenant
Mold and Toxic Tort Litigation

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Corporate and Business Litigation

The range of disputes and difficulties that businesses encounter is as endless as the imagination. At Phillips & Angley, we bring to bear decades of experience in handling our clients business and corporate interests. Often, business disputes involve numerous adverse entities, creating complex multi-party litigation. Our trial lawyers know how to maneuver through these contentious cases. Over the years, we have handled countless breach of contract claims and business torts such as slander, commercial defamation, intentional interference with business relations, unfair competition, trade secrets, copyright infringement and disputes arising from the sale of business assets or stock. At times, disputes occur between business partners and shareholders. We provide effective counsel to stockholders and corporations failed business transactions, stockholder derivative suits, dissolution of entities and partnership accounting claims. The relationship between employer and employee can often deteriorate resulting in work-related disputes. Phillips & Angley represents businesses and employees in employment discrimination and termination claims. We represent businesses in state and federal licensing and permitting claims, often challenging governmental action to suspend or revoke permits necessary to carry on business. Our attorneys appear in all trial courts of the Commonwealth of Massachusetts, U.S. District Courts, state and federal administrative tribunals and state and federal appeals courts. Subject areas include:

Business Torts
Contract Disputes
Unfair Competition and Consumer Protection
Employment and Other Work-Related Disputes
Shareholder Disputes
Lender Liability
Easements, Adverse Possession and Boundary Disputes
Land Contract Disputes
Landlord-Tenant
Copyright Infringement
General Civil Litigation at the Trial, Appellate, and Administrative Levels.

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Financial Services and Bankruptcy/Creditor Rights Litigation

As general counsel to a large Massachusetts based Credit Union, Phillips and Angley deals with business and personal loan transactions on a daily basis. We are up to date in documenting and transacting secured and unsecured financing arrangements as well as addressing the consequences of loan defaults and breaches of secured transactions. When debtors seek protection in bankruptcy proceedings, our attorneys are experienced in protecting the interests of secured creditors. Conversely, when individuals or businesses find themselves in difficult financial circumstances, we are adept at leading them through the fight to financial stability through business advice, asset protection devices, strategic litigation, hard negotiation and bankruptcy filings. Our areas of service include:

Asset Based Commercial Lending and Leasing
Commercial and Residential Real Estate Loans
Foreclosures
Uniform Commercial Code/Secured Transactions
Bankruptcy, Workouts and Creditors Rights
Equal Credit and Truth-In-Lending Regulations

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Business and Corporate Services

Small business is the back bone of the American economy, creating jobs and producing wealth for the nation. At Phillips and Angley, we have a long history as a full service legal firm to family owned and closely held businesses. From advice on entity selection, to real estate acquisitions, lease transactions, equipment financing, business contracts, employee issues, corporate governance questions and the host of issues and concerns that confront businesses everyday, Phillips and Angley is here to answer your questions, help solve your existing business problems, and plan for the future. Our services include:

Formation and Structuring of Ownership Interests
Copyright, Licensing and Trademark Law
Mergers and Acquisitions
Negotiation and Documentation of Shareholder and General Business Agreements
Franchise Law
Corporate Governance and Succession
Contracts and business agreements

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Personal Injury and Professional Malpractice

In an advanced industrial society, people are constantly exposed to risk of serious bodily harm. Some of these risks are perceptible; others unknown. The attorneys at Phillips and Angley represent individuals who have been injured by the negligence of others. We pride ourselves on our success at negotiating fair compensation for such injuries. When settlement can not be reached, we are ready to present our client's cases to a jury of their peers. Our experienced trial lawyers are organized, capable and prepared. Listing the ways that people are injured and the how those claims can manifest themselves is too varied to describe. If you believe that you have been injured through the fault of another, please contact us for a no cost consultation.

Professional liability claims can be as traumatic as some types of bodily injury. If you believe that a professional person has not lived up to their obligation to provide you with competent advice or service, we can help. Our attorneys litigate professional malpractice claims in all trial courts of the Commonwealth and before regulatory boards. Please contact us for a no cost consultation.

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About our Fees....

We strive to enter into fee agreements that appropriately match our clients' requirements. In addition to traditional hourly fee agreements, we also accept appropriate cases on a contingent fee basis. Clients are charged for out-of-pocket expenses advanced by the firm on their behalf. For particular matters, it is our practice to obtain a retainer at the outset of an engagement which will be applied against the actual services we perform and the costs and expenses incurred on your behalf. The amount of such retainer will vary from matter to matter and is subject to agreement.

For hourly fee arrangements, detailed billing statements are furnished monthly for the services we render and the expenses we incur on our client's behalf. They identify the legal matter billed, the date the services were performed, the amount of time billed, a description of the services rendered and the resulting total fees.

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Phillips & Angley is conveniently located in Boston, adjacent to Government Center, the State House and the Trial and Appellate Courts of the Commonwealth. We are readily accessible from Logan Airport, North and South Stations, the Massachusetts Turnpike and the Central Artery (I-93). Ample parking is available at the Government Center Parking Garage or Haymarket Garage.