With over three decades of litigation and transactional experience, Jeff is widely recognized as one of the top environmental lawyers in the country. Clients seek him out to solve complex environmental law challenges.
Some of the largest global companies rely on Jeff’s insights and strategic guidance. Clients praise him as “the top environmental attorney you will find in Boston” and say his “judgment on sensitive political issues is invaluable.” Jeff is ranked Band 1 by Chambers USA which says “Jeff has deep knowledge of environmental law and marries current knowledge with an understanding of the political and policy environment.”
Jeff is Chair of the firm’s Environmental Law Practice. He is a Fellow of the American College of Environmental Lawyers and a member of the Executive Committee of the College. He is also a Massachusetts Environmental Trustee. Jeff is a Trustee of The Nature Conservancy in Massachusetts, having previously served as the Chair of The Nature Conservancy’s Trustee Council and as the Chair and Vice-Chair of The Nature Conservancy in Massachusetts.
He was also the Chairman of Boston Harbor Now, and a member of the MassDevelopment Board of Directors.
Jeff was a member of Governor Healey’s and Lieutenant Governor Driscoll’s transition policy committee and also a member of Attorney General Campbell’s transition committee. He also advised the Massachusetts Legislature’s Committee on Natural Resources and Agriculture during the drafting of the Brownfield legislation that has spurred the beneficial redevelopment of underutilized former industrial sites across the Commonwealth.
Jeff frequently writes on environmental law topics including Clean Water Act issues, coastal resilience, waterfront development, and PFAS liability.
Experience
- Obtaining what may be the largest private party Superfund response cost recovery in Massachusetts history after filing a motion for summary judgment of the responsible party’s liability
- Representing General Electric in permitting and development of new waterfront global headquarters including interactions with city and state
- Representing a resort developer in connection with environmental and legal issues relating to the remediation and redevelopment of its waterfront site
- Representing owner of former urban rail yard in connection with its remediation and planned redevelopment, including interactions with the rail operator
- Representing a pharmaceutical manufacturer in connection with the acquisition of a portion of a former military base for the construction of a large-scale biologics manufacturing facility
- Obtaining a dismissal of contamination-related property damage claims made by the owner of an industrial property against its long-time tenant
- Successfully defending a client against a claim that it was responsible for contamination of a municipal water supply
viewpoints
Read Our Insights on Clean Water Act Issues
September 1, 2022 | Blog | By Jeff Porter
Read Our Insights on PFAS Issues
September 1, 2022 | Blog | By Jeff Porter
Read Our Insights on Waterfront Development Issues
September 1, 2022 | Blog | By Jeff Porter
Webinar Recording: PFAS, PFAS All Around: What's Next?
May 21, 2021 | Webinar | By Jeff Porter
In this webinar, Mintz and GZA explain why people are so concerned about PFAS, referred to as “forever chemicals,” when and how you should look for them, what actions you should consider taking if you find them, and the implications of all of this for real estate transactions.
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Webinar Recording: Navigating the Muddy Waters of the Supreme Court's Maui Decision
February 11, 2021 | Webinar | By Jeff Porter
The United States Supreme Court’s decision in Maui v. Hawaii Wildlife Fund leaves anyone with responsibility for a discharge to groundwater wondering whether that discharge is prohibited by the federal Clean Water Act. Guidance issued by EPA at the very end of the Trump administration offers no real assistance.
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The Supreme Court’s Decision in County of Maui v. Hawai’i Wildlife Fund – The Answer to the Yes or No Question is Maybe
April 23, 2020 | Blog | By Jeff Porter
The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i Wildlife Fund (https://www.supremecourt.gov/opinions/19pdf/18-260_i4dk.pdf) proves that legislating is best done by the Congress, not the Courts. The Court’s decision also tells us that the era of judicial deference to EPA that began in the mid-1980s seems to be coming to an end.
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SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog
November 29, 2018 | Blog | By Jeff Porter
You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an endangered species, it first had to be habitat.
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Defining the Waters of the United States: Which Time Will Be the Charm?
November 2, 2018 | Article | By Jeff Porter
I’ve been an environmental lawyer for thirty years. That’s how long the jurisdictional reach of the Federal Clean Water Act has been unsettled. Sometime in the next few months the newly more Conservative United States Supreme Court will decide whether to grant either of two petitions to review diametrically opposed Federal Appeals Court answers to the question of whether the Clean Water Act applies to discharges to groundwater, one very important facet of the three decade old question already considered by the Supreme Court three times.
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News & Press
Inside EPA quoted Environmental Law Practice Chair Jeffrey R. Porter in an article regarding the Supreme Court's decision to reject petitions for certiorari in two cases, known as Dakota Finance LLC, dba Arabella Farm, et al., v. Naturaland Trust, et al.
Writing to Stay Connected And Change The System - Q&A With Top Thought Leader Jeff Porter
May 18, 2023
Environmental Law Practice Chair Jeffrey R. Porter participated in a Q&A with JD Supra where he discussed how beneficial writing and thought leadership can be for building a network.
Maine Transmission Line Is Stalled Despite Court Victories
April 27, 2023
E&E News quoted Environmental Law Practice Chair Jeffrey R. Porter in an article about the uncertain timeline of the New England Clean Energy Connect, a transmission line linking hydroelectric dams in Canada to the Northeast.
Inside EPA quoted Environmental Law Practice Chair Jeffrey R. Porter in an article about the setbacks facing President Biden's WOTUS rule.
EHS Daily Advisor referenced an article written by Environmental Law Practice Chair Jeffrey R. Porter about a 9th Circuit decision regarding the Clean Water Act.
Two Mintz Members Named ‘Top Authors’ By JD Supra
March 06, 2023
BOSTON – Mintz is pleased to announce that Environmental Law Chair Jeffrey R. Porter and Energy & Sustainability Co-Chair Sahir Surmeli have been named ‘Top Authors’ in their respective fields by JD Supra in its 2023 Readers’ Choice Awards.
Environmental Law Practice Chair Jeffrey R. Porter spoke to Inside EPA about President Biden's WOTUS rule and how it compares to the Obama administration's.
Environmental Law Practice Chair Jeffrey R. Porter spoke to Inside EPA about the expected challenges following President Biden's revised WOTUS (Waters of the United States) rule.
Biden EPA WOTUS Rule Draws Few Suits As Justices Weigh CWA's Scope
February 24, 2023
Environmental Law Practice Chair Jeffrey R. Porter spoke to Inside EPA about President Biden's EPA Rule dictating which Waters of the United States (WOTUS) are subject to the Clean Water Act (CWA).
BOSTON- Mintz Member and Chair of the firm’s Environmental Law Practice, Jeff Porter, has been recognized by the esteemed legal publication Lawdragon as an elite practitioner in the field of environmental law.
Mintz Duo To Assist AG-Elect Andrea Campbell In Transition
December 05, 2022
BOSTON – Two Mintz Members will serve on incoming Attorney General Andrea Campbell’s transition team, with Mintz Health Member Brent Henry taking on the role of Co-Chair of the Transition Committee.
Mintz’s Jeff Porter Appointed To Healey-Driscoll Transition Committee
December 02, 2022
Mintz is pleased to announce that Member and Chair of the firm’s Environmental Law Practice, Jeff Porter, has been named to one of the Governor and Lieutenant Governor-elect's six transition committees. He is the only practicing environmental attorney serving on the committee.
Twenty-Eight Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 22, 2022
In its second annual edition, 28 Mintz attorneys were named to Boston Magazine’s Top Lawyers list.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Supreme Court Poised To Scrap US Waters Test, Attorneys Say
October 4, 2022
Mintz’s Environmental Law Practice Chair Jeffrey R. Porter was quoted in an article published by Bloomberg Law examining a test used by the federal government to determine what waters and wetlands are protected under the Clean Water Act.
Mintz’s Environmental Law Practice Chair Jeffrey R. Porter was quoted in an article published by Engineering News-Record discussing the new Inflation Reduction Act (IRA) which aims to propel renewable energy projects.
Embattled Maine Power Line Foreshadows U.S. Climate Obstacles
September 6, 2022
As the Clean Water Act Turns 50, Debate Continues Over Its Scope
January 7, 2022
Mintz Member and Chair of the firm’s Environmental Law Practice Jeff Porter was quoted in an article published by Inside EPA on U.S. Environmental Protection Agency (EPA)’s attempt to resolve the decades long controversy over the reach of the Clean Water Act and what the Supreme Court might have to say about it.
Science-Based Definition Of US Waters Won't Pass In Court
December 3, 2021
Mintz Member and Chair of the firm’s Environmental Law Practice Jeff Porter authored a Law360 Expert Analysis column examining the U.S. Environmental Protection Agency (EPA)’s and the U.S. Army Corps of Engineers (Corps)’ most recent proposed definition of "Waters of the United States." In the article, Mr. Porter discussed the legal challenges EPA, the Corps, and property owners face going forward.
When It Comes to Waters of the United States, the Best Available Science Is Important – But What About That Pesky Commerce Clause?
November 23, 2021
Mintz Member and Chair of the firm’s Environmental Law Practice Jeff Porter authored an article published by the American College of Environmental Lawyers examining the U.S. Environmental Protection Agency’s and the U.S. Army Corps of Engineers’ most recent proposed definition of “Waters of the United States."
Industry’s Touting Of Citizen Suit Standing Hurdles Appears ‘Optimistic’
September 24, 2021
An article published by Inside EPA quoted Mintz Member and Chair of the firm’s Environmental Law Practice Jeff Porter on potential new legal barriers to environmentalists demonstrating standing to bring citizen suits under environmental laws, particularly under a Supreme Court with a new conservative majority.
An article published by Inside EPA quoted Mintz Member and Chair of the firm’s Environmental Law Practice Jeff Porter on a recent ruling in Conservation Law Foundation (CLF) v. ExxonMobil, which highlights a growing concern over whether courts or EPA has the most authority in administering highly technical aspects of the Clean Water Act (CWA).
Guam’s Superfund Story Unlikely to Win Justices, Lawyers Say
April 27, 2021
In an article published by Bloomberg Law, Mintz Member Jeff Porter commented on the oral argument before the U.S. Supreme Court in Guam v. United States. The Supreme Court will determine whether a 2004 Clean Water Act settlement between the U.S. Environmental Protection Agency and Guam will prevent Guam from seeking from the U.S. Navy contribution toward the cost of cleaning up a former Navy dump in Guam under the Comprehensive Environmental Response, Compensation and Liability Act, also known as the Superfund statute.
In an article published by the Boston Business Journal, Mintz Member Jeff Porter was consulted regarding the legal consequences of a recent Massachusetts Superior Court ruling invalidating Boston’s Downtown Municipal Harbor Plan.
Why a Judge’s Ruling On a Proposed 600-Foot Waterfront Tower In Boston Casts Doubt ‘Across Massachusetts’
April 7, 2021
In a Boston.com and Globe.com article, Mintz Member Jeff Porter was quoted extensively on the significance of a recent Massachusetts Superior Court decision invalidating Boston’s Downtown Municipal Harbor Plan. Mr. Porter suggested that the Government’s need to respond to the ruling could be an opportunity for a 21st century refreshing of the Commonwealth’s 20th century coastal development rules, adding “it’s probably the most significant waterfront decision in 15 or 20 years.”
Mintz Member and Chair of the firm's Environmental Law Practice Jeffrey R. Porter was quoted in an article published by Inside EPA on the likely impact of a recent decision from the U.S. Court of Appeals for the Ninth Circuit in United States v. Lucero, which overturned a conviction for an alleged Clean Water Act (CWA) violation, noting that he believes the ruling “could reduce criminal prosecutions of CWA violations,” among other observations.
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted in article published by Inside EPA on a potential increase in Clean Water Act (CWA) citizen suits in the wake of County of Maui v. Hawaii Wildlife Fund and how the Biden administration may issue new guidance on the landmark U.S. Supreme Court ruling.
Despite EPA Guidance, Groundwater Permitting Decisions Remain Murky
February 11, 2021
An article published by Inside EPA quoted remarks made by Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter during a recent Mintz webinar on the U.S. Supreme Court’s decision in Maui v. Hawaii Wildlife Fund and increased uncertainty over the reach of the federal Clean Water Act despite guidance issued by the U.S. Environmental Protection Agency (EPA) at the very end of the Trump administration. The webinar recording is available here.
EPA Water Pollution Memo Gets Icy Reception From All Sides
December 8, 2020
In an article published by Bloomberg Law, Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter criticized draft guidance from the U.S. Environmental Protection Agency (EPA) clarifying permitting requirements for pollution discharges into federal waters, which was issued in response to the U.S. Supreme Court’s April ruling in Country of Maui v. Hawaii Wildlife Fund.
DOJ Memo May Nix 'the Fun in Superfund'
September 17, 2020
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted in E&E News on the potential impact of the U.S. Department of Justice (DOJ)’s Superfund memo for companies working on environmental cleanups.
Assistant Attorney General Clark’s Clean Water Act Edict: A Solution to a Non-Existent Problem?
July 31, 2020
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter authored an article published by the American College of Environmental Lawyers on Assistant Attorney General Jeffrey Bossert Clark’s recent edict decreeing that the federal government will not make the same Clean Water Act claims as a state unless there is a good reason to do so.
DOJ Memo Puts States In Driver's Seat On Water Pollution
July 28, 2020
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted in an article published by Law360 on the U.S. Department of Justice’s July 27 memo that formalized the federal government’s policy of staying out of state civil enforcement matters under the Clean Water Act.
How Environmental Law Is Shifting Under Trump's Judges
June 25, 2020
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted in an article published by Law360 on President Trump’s judicial picks and their potential influence on environmental case law and future litigation.
In an article published by Massachusetts Lawyers Weekly, Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted extensively on the U.S. Supreme Court’s April 23 decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, which ruled that the Clean Water Act regulates certain discharges of pollutants flowing through groundwater to the ocean or other navigable waters.
Justices Leave Waters Muddy In County of Maui Sewage Case
April 29, 2020
Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter authored a Law360 expert analysis article on the U.S. Supreme Court’s April 23 decision in County of Maui, Hawaii v. Hawaii Wildlife Fund.
Water Law Doesn't Cover Cape Cod Pollution Via Groundwater
November 27, 2019
An article published by Law360 reported that Mintz successfully defended the Wychmere Beach Club, a small Massachusetts resort property, in a lawsuit brought by the Conservation Law Foundation alleging that the Beach Club’s wastewater treatment facility needs a federal permit under the Clean Water Act in addition to the state permit it already has under the Massachusetts Clean Waters Act because the treated effluent from the wastewater treatment facility percolates through soil to groundwater that is connected to Wychmere Harbor. In the ruling, U.S. District Judge William Young agreed that the Beach Club’s discharges were not covered by the federal law.
The Mintz team representing the Wychmere Beach Club includes Mintz Member and Chair of the firm's Environmental Law Practice Jeffrey R. Porter, and Co-Chairs of the firm's Appellate Practice Andrew N. Nathanson (Special Counsel) and Emily Kanstroom Musgrave (Member).
The Mintz team representing the Wychmere Beach Club includes Mintz Member and Chair of the firm's Environmental Law Practice Jeffrey R. Porter, and Co-Chairs of the firm's Appellate Practice Andrew N. Nathanson (Special Counsel) and Emily Kanstroom Musgrave (Member).
Mintz Member Jeff Porter Discusses Notable Environmental Law, Policy and Cases to Watch In 2019
July 10, 2019
Mintz Member and Chair of the Environmental Law practice Jeff Porter was quoted in a duo of articles published by Law360 that examined the biggest environmental law rulings in 2019 so far and environmental policy to watch through the end of the year.
In a July 12 article, Mr. Porter discussed one of the biggest environment-related regulations to watch in the second half of 2019.
In particular, he commented on the EPA’s new narrower definition of "waters of the U.S." under the Clean Water Act, which is expected to be finalized by December. “Just as the Obama rule was challenged in court by various states and industry groups, the Trump rule will face its own legal battles,” Mr. Porter said.
In a July 8 article, Mr. Porter discussed one of the most significant rulings in environmental law during the first half of 2019.
In particular, he commented on the U.S. Supreme Court’s ruling to limit courts' ability to defer to federal agencies' interpretations of their own regulations. “With their newfound leeway, judges could begin to wade more deeply into controversial and science-heavy issues like climate change and water quality disputes,” Mr. Porter said.
In a July 12 article, Mr. Porter discussed one of the biggest environment-related regulations to watch in the second half of 2019.
In particular, he commented on the EPA’s new narrower definition of "waters of the U.S." under the Clean Water Act, which is expected to be finalized by December. “Just as the Obama rule was challenged in court by various states and industry groups, the Trump rule will face its own legal battles,” Mr. Porter said.
In a July 8 article, Mr. Porter discussed one of the most significant rulings in environmental law during the first half of 2019.
In particular, he commented on the U.S. Supreme Court’s ruling to limit courts' ability to defer to federal agencies' interpretations of their own regulations. “With their newfound leeway, judges could begin to wade more deeply into controversial and science-heavy issues like climate change and water quality disputes,” Mr. Porter said.
Mintz Recognized by Chambers USA 2019
April 26, 2019
Only Congress Can Fix The Waters Of The US Whirlpool
January 9, 2019
This Law360 “Expert Analysis” column, authored by Mintz Member and Chair of the Environmental Practice Jeff Porter, notes that amid the ongoing chaos of competing Clean Water Act judicial decisions and agency actions, it is clear that Congress should have taken necessary action.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Jeff Porter, Chair of Mintz’s Environmental Law Section, is quoted in a Boston Business Journal article discussing Massachusetts Governor Baker’s new greenhouse gas regulations and the role played by energy industry.
Jeffrey R. Porter, Chair of the Environmental Law Practice at Mintz, has been elected to Boston Harbor Now’s Board of Trustees. As a Trustee, Mr. Porter will bring his three decades of experience at the intersection of law, business, and the environment.
Mintz and ML Strategies Represent GE in Acquisition and Permitting of GE Innovation Point
January 27, 2017
Mintz attorneys represented GE in the acquisition and permitting of GE Innovation Point, GE’s new corporate headquarters. The acquisition marks a major milestone for GE, which in January 2016 announced its decision to move to Boston.
Jeff Porter, Member and Chair of Mintz’s Environmental Law Section, is quoted in a Bloomberg BNA Daily Environment Report feature article on the hazardous waste recycling case involving the American Petroleum Institute and the EPA.
Mintz Attorney Jeffrey R. Porter Elected to American College of Environmental Lawyers
October 20, 2016
Jeffrey R. Porter, Chair of the Environmental Law Practice at Mintz, is one of sixteen lawyers elected a Fellow of the American College of Environmental Lawyers.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
Events & Speaking
Panelist
Jan
20
2022
The Clean Water Act in Practice: Implementation in Massachusetts Under the Supreme Court’s County of Maui Decision
Boston Bar Association
Online Event
Speaker
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Perspectives
Next Wednesday you can learn everything you need to know about the Supreme Court's opinions in Sackett v. EPA
May 30, 2023
I have the honor of moderating an expert panel on the Supreme Court's decision in Sackett v. EPA next Wednesday, June 7, at 1 pm EDT. Joining me will be Damien Schiff who argued for the Sacketts in our nation's highest court, Professor ...
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If you're sad about Sackett, you may be happier about Seafreeze
May 26, 2023
About a year and a half ago I wrote about one of the four lawsuits brought in an attempt to halt the Vineyard Wind project ...
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Sackett turned out exactly like we thought it would turn out. What's next?
May 25, 2023
So the Sacketts of Idaho are 2-0 in their visits to our nation's highest court and the jurisdictional reach of the Federal Clean Water Act is shorter than it has been for decades. The opinion of the majority has more in common with the ...
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Recognition & Awards
- Chambers USA: Massachusetts (Band 1) – Environment (2004 – 2022)
- Recognized as a 2023 Lawdragon 500 Leading U.S. Environmental Lawyer
- Best Lawyers in America: Boston Litigation - Environmental Lawyer of the Year (2022)
- Best Lawyers in America: Environmental Law, Litigation (2006 – 2023)
- 2022 JD Supra Readers' Choice Awards - Environment
- Lexology Legal Influencers for Infrastructure - US (Q2 2021, Q3 2021, Q2 2022)
- Included on the Massachusetts Super Lawyers: Environmental list (2004 – 2022)
- Acquisition International Legal Award, US Environmental Law Firm of the Year (2011 – 2016)
- Acquisition International Global Excellence Awards, Most Outstanding Environmental Lawyer – Boston (2018)
- Who's Who Legal: Environment & Climate Change (2022)
- Who’s Who in American Law
- Who’s Who in the World
- Guide to the World’s Leading Environmental Lawyers
- The International Who’s Who of Environmental Lawyers
- Phi Beta Kappa
- Martindale-Hubbell AV Preeminent
Involvement
- Fellow and Member of Executive Committee, American College of Environmental Lawyers
- Trustee, Massachusetts Environmental Trust
- Trustee, The Nature Conservancy in Massachusetts
- Member, Bureau of Waste Site Clean Up Advisory Committee, Massachusetts Department of Environmental Protection
- Former Board Chair, Boston Harbor Now
- Former Member, Board of Directors, MassDevelopment
- Former Chair, Trustee Council, The Nature Conservancy (and former Chair, Massachusetts Chapter)
- Former Board Member, Boston Harbor Island Alliance (past Vice-Chair and Treasurer)
- Member, American Bar Association
- Member, Massachusetts Bar Association
- Member, Boston Bar Association
Recent Insights
