Paul C. Foley

Managing Partner

A thoughtful listener with a talent for clear explanations, Paul thrives on working with area businesses in their daily operations and representing business owners and individuals in adversary proceedings throughout Massachusetts. Paul’s legal experience is broad, advising clients in connection with important transactional and litigation matters, and often acting as outside general counsel for companies. Paul’s clients span many industries such as electrical, manufacturing, distribution, food and beverage, as well as retail. Entrepreneurs and owners of closely-held businesses look to Paul’s advice on corporate, real estate, land use, leasing, and employment matters. He is also a go-to resource to handle court appointed matters in federal and state courts.

As Managing Partner of Mountain Dearborn, Paul embodies the values of the firm by providing personal attention and detail-oriented legal representation to each of his clients. He truly cares about the individuals he collaborates with and is actively rooted in the community in which he lives and works. Paul tirelessly contributes his time, energy and resources to initiatives focused in Central Massachusetts. Paul’s commitment to his profession and community is highlighted with recognition as a Super Lawyers “Rising Star” for four consecutive years as well as a 2014 Worcester Business Journal 40 Under 40 honoree.

Representative Experience

Commercial Leasing

  • Negotiated and drafted two 10,000+ sq. ft. commercial leases for a regional brewery looking to open its first retail spaces in metro-Boston and Central Massachusetts. Each lease required significant attention to build out, unique quality control issues and licensing.
  • Negotiated and drafted the leases for a 40,000+ sq. ft. factory space in Worcester County with multiple terms and an option to purchase. The lease required the negotiation of parking areas with neighboring landowners and options for marijuana retail as a future use.
  • Negotiated and licensed Massachusetts’ first private marijuana club. This required a creative approach to very complex regulatory, criminal, incorporation and tax issues.

Real Estate Litigation

  • Appointed on many occasions to serve as the Court’s commissioner or special personal representative to oversee the sale and management of real estate and other assets as a result of on-going litigation by co-owners or beneficiaries. This role also requires the negotiation, mediation, and/or arbitration of the underlying ownership issues among multiple litigious parties.
  • Successfully pursued partition of jointly-held real estate in the Land Court and Probate Courts of Massachusetts on many occasions. These cases typically involve the litigation of many years of ownership issues among multiple parties including determining issues of income and expense, ownership and control.
  • Assists residential and commercial landowners in litigating boundary disputes and issues of adverse possession in the Land Court, Probate Court, and Superior Courts of Massachusetts.

Business Litigation

  • Represented owners of closely held corporations, limited liability companies and partnerships in litigating issues of breach of fiduciary duty and other business torts among the co-owners. These are highly litigious and complicated cases involving the review of years’ worth of financial documents and communications.
  • Successfully represented a partner in a multi-day trial involving three owners of a large commercial space in Worcester County and other properties in Connecticut.
  • Bring and defend claims for breach of non-competition and confidentiality by start-ups and their predecessor employers. These cases typically resolve after litigation of injunctive actions.

Business Sale, Formation and Acquisition

  • Negotiated and drafted documents for the sale of a national chemical company, its tangible assets, intellectual property and real estate. The sale involved extensive due diligence with a large multi-national buying group and its outside counsel.
  • Negotiated and handled the formation, sale and purchase of many small and medium sized businesses.

Affiliations

  • Worcester County Bar Association (Executive Committee 2011-2013)
  • Massachusetts Bar Association
  • Chairman of the City of Worcester Trust Fund Commission (2017-present)
  • Emerald Club (President, 2015-2017)
  • Worcester Young Businessmen’s Association (2005-2017)
  • Worcester Hibernian Cultural Foundation (Executive Committee, 2013-2017)
  • Worcester Baseball Advisory Committee (20120-present)
  • Worcester Rugby Football Club (Executive Committee, 2007-2015)
Paul C. Foley

Practice Areas

Bar Admissions

  • Massachusetts, Supreme Judicial Court, 2004

  • U.S. District Court of Massachusetts, 2006

Education

  • Georgetown University Law Center, JD, 2004

  • Boston University, cum laude, BA, 1999