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David Libardoni, Nutter McClennen & Fish LLP Photo

David A. Libardoni

Partner / Boston

Overview

David A. Libardoni is a partner in Nutter’s Real Estate Department and a member of the firm’s Development, Land Use and Permitting practice group. His practice focuses on complex commercial acquisitions, dispositions, joint venture, leasing, and financing matters as well as land use and permitting matters, with a particular expertise in representing owners and developers in the full life-cycle of a real estate development, including significant life science, mixed-use, multi-family and industrial and warehouse projects. A variety of clients rely on David’s counsel on a range of issues related to purchase and sale agreements, leases, joint ventures, complex title, zoning and land use matters and construction and mezzanine financings. In addition, David routinely represents clients in obtaining entitlements from local and state governmental entities, including representation at public hearings.

Notable Experience and Client Impact

Transactional Matters

  • Representation of prominent developer in connection with acquisitions, joint ventures and construction financings of life science assets in Somerville, MA, including three construction loans totaling approximately $610 million.
  • Representation of developer in connection with approximately $382 million construction loan for Class A office and life science project in Boston’s Seaport District.
  • Representation of life insurance company as co-lender in connection with $270 million loan secured by a Class A life science building in South Boston.
  • Representation of industrial real estate investor and operators in their acquisitions, financings, leasing, and sales of industrial assets in Massachusetts and Mid-Atlantic region with an aggregate value of over $400 million.
  • Representation of real estate holding company with assets in the retail, entertainment, industrial, warehouse and distribution sectors throughout Massachusetts.
  • Representation of start-up real estate investor in connection with acquisitions, dispositions, financings and leasing of retail properties across a national portfolio.
  • Representation of foreign government in connection with negotiation of long-term downtown Boston office lease and construction contract.
  • Representation of Fortune 500 company in connection with leasing matters throughout the U.S.
  • Representation of life insurance company in connection with the forbearance and work out of a portfolio of commercial real estate loans in the retail, hospitality, and residential sectors across the U.S.
  • Representation of nonprofit healthcare provider in connection with the development and financing of a 102-unit residential development with a preference for affordable veterans’ housing located in Brighton, MA.
  • Representation of a life insurance company in connection with a $112 million loan and $175 million refinancing to a joint venture and pension fund secured by a Class A office and research laboratory building in the Longwood Medical Area.
  • Representation of an oil and gas company on the sale and disposition of over 110 fuel service stations located throughout the Northeast.
  • Representation of joint venture developer in connection with construction and mezzanine financing for a transit-oriented multi-phase, multi-family residential development in Plymouth, MA.

Development and Permitting Matters

  • Representation of prominent developer in connection with 1.8 million s.f. life science campus in Somerville, MA.
  • Representation of developer in connection with approximately 650,000 s.f. life science project in Boston’s Seaport District.
  • Representation of developer in connection with 250,000 s.f. life science building in Somerville, MA.
  • Representation of real estate holding company on the permitting and development of approximately 2 million s.f. warehouse and distribution center in Central Massachusetts.
  • Representation of developer in connection with a significant mixed use transit-oriented development in Newton, MA.
  • Representation of nonprofit senior lifecare provider in connection with the development and permitting of 254-unit continuing care retirement community located in Londonderry, NH.
  • Representation of national grocery store chain in connection with all permitting and licensing matters in Massachusetts.
  • Representation of national fast casual restaurant in connection with permitting and zoning relief for downtown Boston location.
  • Representation of developer in connection with permitting and zoning relief necessary for the acquisition and redevelopment of historic religious structure into residential condominium in downtown Boston.

David is committed to the firm’s pro bono efforts. He has worked with Medical-Legal Partnership | Boston and the Volunteer Lawyers Project to represent pro bono clients in landlord-tenant disputes as well as other nonprofit organizations seeking real estate advice and expertise.

In 2021, David was selected for the Boston Bar Association’s 2020-2021 Public Interest Leadership Program (PILP), a 10-month program designed to provide intensive leadership and professional development training to lawyers within their first 10 years of practice across key areas including effective organizational leadership, diversity, equity and inclusion, public service and pro bono engagement, and board service. 

During law school, David served as editor in chief of the Boston College Law Review and received the Cornelius J. Moynihan Award for Outstanding Editorial Work in Publications.

His other legal experience includes a judicial internship for the Honorable Mary M. Lisi of the U.S. District Court for the District of Rhode Island.

After graduating from Tufts University, David received a Fulbright Grant from the U.S. Department of State and served as an English teaching assistant and cultural ambassador in South Korea.

Experience

Experience

  • DTM Packaging and Custom Automation

    Nutter served as legal advisor to DTM Packaging and Custom Automation, a leader in machinery manufacturing and re-manufacturing, in its acquisition by The Massman Companies, a Minnesota-based team of machinery and technology companies.

  • The Gove Company, Inc.

    Nutter represented The Gove Company, Inc. in its sale of a parking lot on Newbury Street in Boston to L3 Capital, a Chicago-based investment firm. The total value of the transaction was $40 million.

  • Represented shorefront owners in litigation concerning easement rights on Cape Cod

    Nutter defended several shorefront owners in litigation concerning access to the waters of Cape Cod Bay. The courts ruled that the original developers did not reserve beach rights for the inland owners and further confirmed that the shorefront owners owned their land out to the mean low water line.

  • PeoplesBancorp, MHC

    Nutter represented PeoplesBancorp, MHC, a Massachusetts mutual holding company, and the bank holding company of PeoplesBank, a Massachusetts-chartered savings bank, both of Holyoke, Massachusetts, in connection with its acquisition of First Suffield Financial, Inc., a Connecticut corporation and the bank holding company of The First National Bank of Suffield, a national bank, both of Suffield, Connecticut. The total value of the transaction was approximately $60 million.

  • Brighton Marine

    Nutter advised Brighton Marine on all aspects of the development of The Residences at Brighton Marine, a $46 million project that created 102 units of affordable housing in Boston with a preference for veterans. Nutter provided counsel on all aspects of the project, including the original strategic planning, the permitting, the formation of the joint venture with WinnCompanies, the ground lease to the joint venture, and the financing.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represented Lincoln Property Company and Phoenix Property Company in a joint venture with an institutional capital partner in connection with the acquisition of development rights and the permitting and transactional aspects relating to this multi-party mixed-used development. 

    New construction mixed-use development project totaling 499,500 square feet. The project includes a 12-story multi-family apartment building containing approximately 300,000 square feet and 304 first-class rental apartment residences, including 22 on-site affordable units and additional off-site contributions to Boston’s affordable housing stock. Resident amenities include a rooftop pool, Skydeck, gym and wellness studio. The apartment building also contains 22,816 square feet of space that can be used for retail, restaurant and/or office space. The adjacent Hotel Component, located a shared podium, was developed into a 12-story Hyatt Place hotel with 294 rooms. There is a one-level underground parking garage beneath the apartment building and garage that can accommodate up to 450 cars. The mixed-use development is situated on Massport’s “Parcel K” and was constructed pursuant to 3 separate 99-year ground leases entered with Massport.

  • Edgewood Retirement Community Inc., The Baldwin Senior Living, and Edgewood Senior Solutions Group Inc.

    Nutter represented Edgewood Retirement Community Inc., The Baldwin Senior Living, and Edgewood Senior Solutions Group Inc. in connection with the acquisition of a 15.1 acre property in Londonderry, NH, where it plans to build an all-new, one-of-a-kind senior living community called The Baldwin.

Case Studies

News & Insights

News

Honors

Honors

  • Chambers USA, Leading U.S. Real Estate Attorney, 2021-2022

  • The Best Lawyers in America “Ones to Watch”, 2021-2023

  • Boston Magazine “Top Lawyers”, 2022
  • Massachusetts Super Lawyers Rising Stars, 2021-2022

Education & Admissions

Education

Boston College Law School, J.D., cum laude
Tufts University, B.A.

Admissions

  • Massachusetts

Industries

Notable Experience

David represented a developer in connection with the acquisition, permitting, joint venture and $230 million construction financing of a Class A life science building in Somerville, MA located near the newly opened Green Line Extension (GLX) Project’s Lechmere Station.

Noteworthy

Chambers USA, Leading U.S. Real Estate Attorney, 2021-2022

The Best Lawyers in America “Ones to Watch”, 2021-2023

Boston Magazine “Top Lawyers”, 2022

Massachusetts Super Lawyers Rising Stars, 2021-2022

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