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Robert Fishman, Nutter McClennen & Fish LLP Photo

Robert A. Fishman

Retired Partner / Boston

Overview

Robert A. Fishman is a retired partner in Nutter’s Real Estate Department. He is the former chair of the firm’s Development, Land Use and Permitting practice group and served on the firm's Executive Committee. His practice focused on development, land use/environmental permitting, acquisition and disposition, financing, leasing, entity formation, and conveyancing.

Developers, lenders, corporate, institutional, municipal, and nonprofit clients relied on Bob’s counsel in the development and financing of mixed-use projects, downtown office buildings, suburban industrial and office parks, shopping centers, hotels, multifamily housing, senior assisted living housing and community facilities. Clients frequently engaged Bob on mixed-use, smart growth projects which incorporated sustainability and energy conservation features.

Land Use, Permitting and Development Notable Experience:

  • Acquisition, disposition, permitting, financing, and leasing for National Development of New England on such Massachusetts projects as Station Landing in Medford, MarketStreet at Lynnfield (40R), the Bridges in Andover, IBM campus in Littleton, ArborPoint at Woodland Station in Newton (40B), Forge Park in Franklin and numerous other office, research and development, shopping center, residential and assisted living projects
  • Contractual and permitting work for Federal Realty Investment Trust on Assembly Row in Somerville, including the large Partners Healthcare Systems facility
  • Contractual and permitting work for Phoenix Property Company and Lincoln Property Company in connection with the development of a mixed-use project on Parcel K owned by Massport in the Seaport District of Boston
  • Contractual, permitting and financing for Hebrew SeniorLife’s 160 acre NewBridge on the Charles intergenerational campus in Dedham, Massachusetts, including closing the bond issue of over $450 million
  • Contractual and permitting work for the YMCA of Greater Boston, Inc. in connection with the complex sale of a portion of its property on Huntington Avenue, Boston for a new Northeastern University dormitory and related agreements with New England Conservatory
  • General real estate services and permitting of numerous projects for Tufts University at its campuses in Medford/Somerville and Boston, Massachusetts

Acquisition and Disposition Notable Experience:

  • Assisting The First Church of Christ, Scientist on diverse real estate matters related to the disposition of non-core assets near its campus in the Back Bay section of Boston
  • Land Disposition Agreement contractual work and I’Cubed infrastructure financing for the City of Quincy in connection with the New Quincy Center redevelopment project proposed by Street-Works and representation of the City on other later proposed downtown development projects
  • Contractual work for numerous community facilities for Combined Jewish Philanthropies of Greater Boston, Inc., including sales of certain facilities, acquisition of new facilities, leasing and restructuring of loans to other charitable organizations
  • Sale of multiple Beacon Hill properties for the Unitarian Universalist Association
  • Assisting Adobe Systems, Inc. in the acquisition and later sale of a new office headquarters building in Waltham
  • Acquisition and development of the Oracle Corporation campus in Burlington, Massachusetts
  • Assisting a private equity fund and a developer in their acquisition out of bankruptcy of the Malden Mills property in Lawrence and Methuen, including all title, permitting, environmental analyses, and subsequent dispositions of individual properties within this large mill complex
  • Acquisition and financing of 160 Federal Street in Boston and Harvard Mills in Wakefield, Massachusetts, for Taurus Investment Holdings LLC, including leasing, environmental advice, and multiple refinancings

Insurance Companies and Pension Funds Notable Experience:

  • Extensive experience representing insurance companies and pension funds, including CIGNA Corporation, AXA-Equitable Life Insurance Company and Lend Lease Real Estate Investments, Inc.
  • Representative matters have included equity and/or debt work on the Viridian residential project at 1282 Boylston Street, 33 Arch Street, 75 State Street, Rowes Wharf, One Post Office Square, One Boston Place, World Trade Center East and West (all in Boston), Wellesley Gateway, Atrium at Chestnut Hill, Emerald Square Mall, Arsenal Mall, Mall of New Hampshire, and Fox Run Mall, and the acquisition and disposition of numerous suburban commercial properties

Professional Activities

During his law practice, Bob demonstrated his leadership outside the firm in several professional organizations, including:

  • Recognized in Band 1 (the highest ranking) for both real estate transactional work and zoning / land use work in the well-regarded Chambers USA legal directory
  • Elected a Fellow of the American College of Real Estate Lawyers in 1991
  • Member of the Massachusetts Chapter of NAIOP, the Commercial Real Estate Development Association
  • Chaired NAIOP's Public Affairs Committee and represented NAIOP on both the Governor’s Zoning Reform Task Force and recent proposed zoning and environmental legislation. Bob received NAIOP’s Public Affairs award three times for his work on legislative and administrative matters of importance to the real estate industry and, in 2016, Bob received NAIOP's Champion Award in recognition of his exceptional advocacy benefiting the real estate industry.
  • Adjunct professor at Boston University Law School (transactional clinic), Suffolk Law School (advanced real estate transactions) and Boston College Law School (land use planning), and has guest taught at Harvard Law School
  • Member of the Board of Directors of the Environmental League of Massachusetts (ELM)
  • Chair of the Advisory Board of the School of Public Policy and Urban Affairs at Northeastern University
  • Member of the Advisory Board of the Taubman Center for State and Local Government at Harvard’s Kennedy School of Government 
  • Co-chair of the Development and Land Use Committee of the Boston Bar Association
  • Member, Urban Land Institute (ULI), Boston District Council, and participant in ULI's Urban Plan program at area colleges and high schools

Bob's articles and presentations have addressed zoning and smart growth issues, permitting of complex development projects, environmental indemnification and environmental insurance in business transactions, permitting of assisted living facilities, and non-conforming uses and structures. For many years, Bob authored a chapter of MCLE's Massachusetts Zoning Manual and spoke at its annual program.

A past chair of the Lawyers’ Team of Combined Jewish Philanthropies of Greater Boston, Inc. (CJP) and a former member of CJP’s Board of Governors, Bob received the prestigious Community of Excellence Award from CJP in 2008 in recognition of his contributions to both the broader community and the legal profession.

Experience

Experience

  • National Development of New England, Inc.

    Nutter has served as legal counsel for the acquisition, disposition, permitting, financing, and leasing on multiple projects in Greater Boston and Eastern Massachusetts for National Development of New England, Inc. The firm has advised on numerous projects, including MarketStreet at Lynnfield, Bridges at Andover, Station Landing in Medford, Chapter 40B development of Arbor Point at Woodland Station in Newton, Forge Park in Franklin, Fort Point Channel in Boston, MetroNorth Corporate Center in Woburn, Lake Williams Corporate Center in Marlborough, Blueview Corporate Center in Canton, Mansfield Corporate Center, New England Business Center in Andover, and various other office, research and development, shopping center, and assisted living projects.

  • Phoenix Property Company/Lincoln Property Company

    Nutter represents a joint venture between Phoenix Property Company / Lincoln Property Company and an institutional investor in the permitting and transactional aspects of a large, complex, multi-party residential/hotel/retail mixed-use project with underground garage to be constructed on land known as Parcel K in Boston’s Seaport District.

  • Federal Realty Investment Trust (FRIT)

    We represent FRIT in the permitting of several new phases of the large, transit-oriented, mixed-use project called Assembly Row in Somerville, MA, including negotiation of a creative approach with the planning board to meet the city’s new inclusionary affordable housing requirements through a combination of on-site units and cash payments over time to a community-based nonprofit organization which purchases and preserves existing affordable housing in established neighborhoods near schools, shopping, and transit.

  • Hebrew Senior Life (HSL) NewBridge on the Charles, Dedham, Massachusetts

    Nutter drafted new zoning for overlay district, defended the new zoning against judicial challenge, and secured approvals from the local planning board, conservation commission, county commission, water district, and environmental impact statement reviews for HSL’s 160-acre intergenerational campus in Dedham, MA with over one million square feet of space.

  • The First Church of Christ, Scientist

    Nutter assisted The First Church of Christ, Scientist on diverse real estate matters related to the disposition of non-core assets near its campus in the Back Bay section of Boston.

  • YMCA of Greater Boston, Inc.

    Nutter represented YMCA of Greater Boston, Inc. in connection with a complex, three-party sale of a portion of 316-320 Huntington Avenue to PPC Land Ventures, Inc. and Northeastern University for a new dormitory, including complex easement agreements, conveyancing, and land use permitting matters.

  • City of Quincy

    Nutter served as special counsel to the City of Quincy in connection with the negotiation and drafting of a complex Land Disposition Agreement with Street-Works Development, LLC for its proposed $1.3 billion New Quincy Center redevelopment project.

  • Oracle Corporation

    Nutter advised in the development of the multibuilding Oracle Corporation campus in Burlington, MA, including complex permitting and environmental issues.

  • Taurus Investment Holdings LLC

    Nutter represented Taurus Investment Holdings LLC in the acquisition, financing, and leasing of 160 Federal Street in Boston and Harvard Mills in Wakefield, MA.

  • Tufts University

    Nutter provided legal counsel on numerous property acquisitions and permitting projects for Tufts University at its campuses in Medford/Somerville, and Boston, MA.

  • Adobe Systems, Inc.

    Nutter assisted Adobe Systems, Inc. in the acquisition and permitting, including LEEDS-related issues, of a new office headquarters building in Waltham, MA.

  • Pearson Education/Addison Wesley campus

    Nutter advised on the contractual and permitting work for the Pearson Education/Addison Wesley campus in Reading, MA, including adoption of 40R zoning and the sale of the campus.

  • Congregation Mishkan Tefila

    Nutter represented Congregation Mishkan Tefila (CMT) in two related transactions: (1) the sale of CMT’s land and buildings in Chestnut Hill to nearby Boston College, and (2) CMT’s relocation to the Brookline campus of Congregation Kehillath Israel (CKI), including the negotiation of a unique, complicated co-location agreement with CKI, addressing multiple real estate, operational, and programmatic issues.

  • Malden Mills Complex in Lawrence and Methuen, MA

    Nutter assisted Lubert-Adler and Versa in their acquisition out of bankruptcy of the Malden Mills property in Lawrence, MA and Methuen, MA, including all permitting, and environmental analyses, and subsequent multiple dispositions of real estate assets, including complex title, permitting, and subdivision matters.

News & Insights

News

Honors

Honors

  • Chambers USA, Leading U.S. Real Estate Attorney, 2003-2020
  • Chambers USA, Leading U.S. Zoning/Land Use Attorney, 2006-2020
  • The Best Lawyers in America, 2006-2021
  • Best Lawyers Real Estate Law "Lawyer of the Year," 2016 and 2018
  • Best Lawyers Land Use & Zoning Law "Lawyer of the Year," 2011, 2017, 2019, 2020
  • Martindale-Hubbell, AV Preeminent, 2018
  • Massachusetts Super Lawyers, 2004-2020
  • Super Lawyers Business Edition, 2011-2015
  • Super Lawyers, Corporate Counsel Edition, 2009 & 2010
  • 2016 CJP Superstar, Combined Jewish Philanthropies of Greater Boston, Inc.
  • Community of Excellence Award, Combined Jewish Philanthropies of Greater Boston, Inc.
  • Who's Who Legal: Real Estate, 2009-2020
  • 2016 NAIOP Champion Award
  • NAIOP Public Affairs Award (three times)
  • International Who's Who of Business Lawyers 2013 Edition - Real Estate 

Best Lawyers in America 2016 Lawyer of the Year       Best Lawyers Lawyer of the Year 2017

Education & Admissions

Education

Harvard Law School, J.D., cum laude
Harvard College, B.A., magna cum laude, Phi Beta Kappa

Admissions

  • Massachusetts

Representative Highlights

  • Bob worked on the acquisition, disposition, permitting, financing, and leasing for National Development of New England of such Massachusetts projects as Station Landing in Medford, MarketStreet at Lynnfield (40R), the Bridges in Andover, IBM campus in Littleton, ArborPoint at Woodland Station in Newton (40B), and numerous other office, research and development, shopping center, residential and assisted living projects.
  • Bob represented Hebrew SeniorLife on all aspects of the land acquisition, permitting, and financing of its large intergenerational campus in Dedham, MA, known as NewBridge on the Charles, including creating and defending a new zoning district bylaw and closing multiple financings and refinancings, including a bond issue of over $450 million.

Noteworthy

  • Chambers USA, Leading U.S. Real Estate Attorney, 2003-2020
  • Chambers USA, Leading U.S. Zoning/Land Use Attorney, 2006-2020
  • The Best Lawyers in America, 2006-2021
  • Best Lawyers Real Estate Law "Lawyer of the Year," 2016 and 2018
  • Best Lawyers Land Use & Zoning Law "Lawyer of the Year," 2011, 2017, 2019, 2020
  • Martindale-Hubbell, AV Preeminent, 2018
  • Massachusetts Super Lawyers, 2004-2020
  • Super Lawyers Business Edition, 2011-2015
  • Super Lawyers, Corporate Counsel Edition, 2009 & 2010
  • 2016 CJP Superstar, Combined Jewish Philanthropies of Greater Boston, Inc.
  • Community of Excellence Award, Combined Jewish Philanthropies of Greater Boston, Inc.
  • Who's Who Legal: Real Estate, 2009-2020
  • 2016 NAIOP Champion Award
  • NAIOP Public Affairs Award (three times)
  • International Who's Who of Business Lawyers 2013 Edition - Real Estate 
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