Attorney Cole Young

Cole Young

 

As an attorney with a degree in civil engineering, Mr. Young’s practice focuses primarily on construction and commercial real estate transactions and litigation. Given his civil engineering background, Mr. Young has the ability to understand both the technical and legal aspects of all levels of construction and real estate.  In addition to representing clients with construction and real estate matters in and around Boston, Mr. Young is an attorney for many property management companies, biotech and laboratory companies, food trucks, restaurants and retail stores.

 

While attending the New York Law School, Mr. Young was an Executive Editor of the Moot Court team where he competed in, and coached, teams in several national moot court competitions. He was also vice chair of the New York Law School Public Interest Coalition. During his undergraduate studies at Michigan State University, Mr. Young was the Business Manager of the Michigan State Yearbook, Comptroller of the Associated Students of Michigan State University and the Senior Class Council President.

 

Mr. Young is admitted to practice in Massachusetts and Michigan. He is also admitted to practice in the Eastern Federal District Court of Michigan, the Western Federal District Court of Michigan and the Federal District Court of Massachusetts.

 

Selected Accomplishments

Commercial Real Estate – Purchase, Leasing, Financing and Zoning

Negotiated (either directly or through management of other attorneys) the following:

  • Leases, financing documents and construction contracts on behalf of SmartLabs:
  • 675 West Kendall, Cambridge, MA (~290,000 sqft)
  • 21 Erie Street, Cambridge, MA (~52,000 sqft)
  • 301 Binney Street, Cambridge, MA (~18,000 sqft)
  • 6 Tide Street, Boston, MA (~74,000 sqft)
  • 40 Guest Street, Boston, MA (~84,000 sqft)
  • 100 Cambridgeside, Boston, MA (~170,000 sqft)
  • 10 Fan Pier, Boston, MA (~21,000 sqft)
  • 3201 Cuthbert, Philadelphia, PA (~117,000 sqft)
  • Salesforce Tower, San Francisco, CA (~21,000 sqft)
  • 750 Gateway, South San Francisco, CA (~145,000 sqft)
  • 573 Forbes Street, South San Francisco, CA (~140,000 sqft)
  • Two Tower Place, South San Francisco, CA (subsequently negotiated termination and conversion into a management agreement)
  • Leases and construction contracts, in Massachusetts and Virginia, for international COVID-19 manufacturer.
  • Termination of existing lease and negotiation of new Watertown headquarters lease for RNA Therapeutics company; settled litigation on behalf of the same RNA Therapeutics company.
  • Purchase and sales agreements, for multiple properties in East Cambridge, North Cambridge and Charlestown on behalf of private equity backed development company (100,000+ sqft).
  • New Boston headquarters for Massachusetts-based healthcare innovation non-profit.
  • Boston office for mediation and mindfulness application.
  • Several brick and mortar restaurant leases for Boston-based food truck; performed zoning work on behalf of same for commissary.
  • Leases and construction documents for four related Cambridge restaurants; negotiated several relief packages during COVID-19 pandemic.
  • Leases and asset/business purchase agreements for critically acclaimed Cambridge-based brunch restaurant; negotiated several relief packages during COVID-19 pandemic.
  • Negotiated full shutdown of local restaurant groups, including sale/transfer of liquor license and assignment of various vendor contracts.
  • Industrial lease north of Boston for satellite equipment testing facility.
  • Headquarters for national real estate sales and property management company.
  • Purchase and sales agreements, in addition to asset/stock purchase agreements, for multiple automotive repair and supply companies.
  • Negotiated and closed multi-unit, multi-state acquisition on behalf of Boston-based restaurant group.
  • Closing of a joint venture acquisition of property in South San Francisco valued at $16 million.
  • Represented Massachusetts medical group with the financing and acquisition of a $5 million property; additional zoning, construction, corporate and leasing work.
  • Legal and compliance support for successful negotiation of asset lease line of credit with a value of up to $20 million.

International

  • Negotiated joint venture/cross-border collaboration with Taiwan-based university, which included leasing space in Taiwan and Boston.
  • Negotiated intellectual property transfer, company buyout and settled litigation on behalf of a Dubai-based software company.
  • Development and negotiation of multi-year, worldwide partnership and exclusivity agreement with specialized, prefabricated construction vendor.
  • Negotiated worldwide joint venture with international building management company that manages over 3,000 commercial properties worldwide.
  • Negotiated hundreds of NDA’s, service agreements and general contracts for international clients both in the US and internationally.

Construction, Land Use and Commercial Litigation

  • First Chair Bench Trial for Aggregate Industries vs. Hugo Key and Sons, Inc., which was subsequentially successfully appealed 90 Mass. App. Ct. 146 (2016).

http://masscases.com/cases/app/90/90massappct146.html.

  • First Chair and Bench Trial for OCB Plymouth Real Estate, LLC vs. Medici V. Realty, LLC. Successful on all claims.

http://masscases.com/cases/land/2019/2019-19-000063-DECISION.html

http://masscases.com/cases/land/2019/2019-19-000063-JUDGMENT.html

  • Second-chaired weeklong eminent domain trial for municipal authority.
  • Assisted in successfully settling complex eminent domain litigation matter on behalf of municipal authority involving the taking of multi-use commercial office complex for the construction of a traffic roundabout.
  • Assisted in settling complex eminent domain litigation matter on behalf of municipal authority involving the partial taking of a multi-million-dollar gas station, car wash and convenience store.
  • Successfully obtained dismissal of $1.5 million RICO claim asserted against a national property management company and its owner.
  • Successfully obtained dismissal of employment claims against corporate client and was awarded sanctions against opposing counsel.
  • Successfully obtained dismissal of mold litigation case asserted against a national property management company.
  • Assisted in the defense of former President and CEO of regional bank from shareholder derivative claims seeking damages in excess of $90 million.
  • Successfully settled large claim against automotive parts manufacturer on behalf of a prototype developer.
  • Successfully obtained injunctive order on behalf of a franchisor for several violations of a franchise agreement.
  • Obtained dismissal of medical malpractice claim for psychiatric facility.
  • Obtained favorable mediation award for a dispute of ownership and accompanying derivative action of a national consulting business.
  • Successfully settled multi-layered franchise dispute with international franchise corporation and successfully negotiated buyout terms on behalf of franchisees.

 

General Construction

  • Negotiation of complex multi-phase GMP construction contract valued at $80M for build out of approximately 145,000 sqft of research and development and specialized life science manufacturing space in California.
  • Negotiated settlement on behalf of general contractor for multi-million-dollar hotel renovation project in Detroit, Michigan.
  • Obtained sizeable settlements and avoided lengthy, protracted litigation for various midsize construction contractors in disputes with other contractors, land owners, project developers and state agencies.
  • On behalf of small and mid-size construction contractors, successfully settled several Employee Retirement Income Security Act (“ERISA”) litigation cases.
  • Drafted and negotiated commercial contracts, (e.g., licenses, nondisclosure agreements, service and event contracts, influencer and publicity agreements, vendor contracts, construction contracts (including AIA form contracts)
  • Developed unique and bespoke construction, architecture and engineering contracts for largescale, nationwide development.

Labor/Employment

  • Second-chair in successful multiday arbitration hearing and decision that upheld the dismissal of an 18-year professor at a local college.
  • Successfully defended multiple Unfair Labor Practice charges alleged against a large manufacturer.
  • Successfully defended large manufacturer against alleged violations of MIOSHA from former employee.
  • Assisted in a partial production plant closure of a large manufacturer in compliance with the Worker Adjustment and Retraining Notification Act (“WARN”); successfully assisted in the full shutdown of a mid-size consultant in compliance with WARN.
  • Assisted in obtaining a settlement with Occupational Safety and Health Administration (“OSHA”) in a workplace fatality case.
  • Assisted in settling case with the Michigan Employment Relations Commission (“MERC”) on behalf of local housing commission.

General Counsel/Corporate

  • Through multiple rounds, managed over $300M in equity and debt infusions into Boston-based life sciences real estate company.
  • Completed full corporate reorganization of Massachusetts-based family investors for properties throughout Massachusetts.
  • Advise on internal equity and debt compliance matters
  • Manage corporate governance matters, including attending board meetings and minutes taking, drafting and coordination of approvals and consents required by governing documents, oversight of entity management and subsidiary maintenance
  • Form corporate entities, draft complex operating agreements, review and organized due diligence documents, advise on issues of corporate governance and commercial transactions
  • Experienced in-house counsel, including as Associate General Counsel for growth company at the intersection of life science and real estate, as well as through participation in secondment to support the general counsel of a closely held international jewelry company
  • Worked closely with CEOs, CFOs and other business stakeholders to assess legal needs holistically
  • Developed form agreements and legal department processes in order to manage risk and ensure business objectives and compliance needs are accurately reflected and balanced (e.g., vendor agreements, non-disclosure agreements, employment forms, customer facing documents and contracts)
  • Advised on, and assist with, oversight of internal investigations
  • On behalf of several companies, development of form documents and processes, (e.g., offer letters, commission agreements, bonus and compensation agreements, separation agreements, non-disclosure agreements, non-compete agreements, non-solicitation agreements, assignment of invention agreements, etc.)