Martin P. Desmery

Areas of Practice

Martin P. Desmery is a Shareholder and Director of Craig and Macauley Professional Corporation, with a diverse practice centered on commercial litigation and business counseling.  He has been a member of the firm since 1987, and a shareholder since 1995.   He represents clients in a wide  range of business litigation, including shareholder and partnership disputes, and matters involving joint ventures, employment, intellectual property, construction, environmental liability, real estate, and bankruptcy (debtors and creditors) issues.  Mr. Desmery also advises corporations and individuals  in connection with contracts, employment agreements, corporate governance issues, and commercial finance transactions.

Mr. Desmery’s clients include investment bankers, financial advisors, commercial real estate developers, environmental cleanup companies, lenders, software developers, restaurant owners, advertising agencies, biotechnology start-ups, and closely-held companies.

Mr. Desmery has appeared in state and federal trial and appellate courts from Massachusetts, New York and Delaware to Utah, California and Hawaii.

Representative Matters

  • Jury verdict against software developer for copyright infringement.
  • Jury verdict against business owner for breach of non-competition agreement and asset purchase agreement.
  • Bench verdict against bankruptcy trustee for investment banking fees.
  • Bench verdict against property owners on claim for environmental contamination.
  • Bench verdict against borrower on claims for lender liability asserted against bank.
  • Summary judgment in favor of developer defending negligent construction claims.
  • Summary judgment in favor of creditor on preference and fraudulent conveyance claims.
  • Injunctive relief compelling buyers and sellers of real estate to consummate sales.

Awards and Professional Activities

Mr. Desmery has been recognized as a “Super Lawyer” by Law and Politics and Boston Magazine.  He has the highest rating given by Martindale-Hubbell, the national directory of lawyers.  He is a member of the American, Massachusetts and Boston Bar Associations, as well as the American Bankruptcy Institute.
 
Mr. Desmery is a member and past President of the Boston University School of Law Alumni Committee.  He is also a member of the Alumni Council of Boston University. For three years, Mr. Desmery taught Legal Research, Writing and Advocacy at the law school.

Mr. Desmery has served on a variety of local boards and organizations, including the Duxbury Zoning Board of Appeals, the Duxbury Zoning Bylaw Review Committee, the Duxbury Education Foundation (President), the Duxbury Superintendent Search Committee, and the North Hill Golf Course Advisory Committee (Chair).

Bar and Court Admissions

  • Commonwealth of Massachusetts
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Ninth Circuit

Education

Mr. Desmery received his B.A. from Colgate University (1983) and his Juris Doctor from Boston University School of Law (1987), where he served as a Note and Case Editor on the Law Review.

Interests

Mr. Desmery has competed in numerous athletic endurance events, including Escape from Alcatraz Triathlon (2005), New York City Marathon (2006), Eagleman 70.3 Triathlon (2006, 2007 & 2009), Boston Marathon (2008), Mt. Washington Bicycle Hillclimb (2009), DC National Marathon (2010), and ING Miami Marathon (2011).


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