Nina L. Pickering-Cook

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Partner

Overview

Owners of real estate, developers, public sector entities, and Massachusetts towns turn to Nina to represent them in construction, land use, commercial, and real estate litigation matters.  Nina’s practice focuses primarily on the following:

  • Litigation: Branching out from general commercial litigation, Nina now litigates primarily construction, real estate, and insurance coverage matters for her clients at all levels of state and federal courts. Whether it is a dispute over real estate contracts, zoning, or a construction defect claim, Nina smartly pursues her clients’ goals through leveraging the litigation process.
  • Construction Contracts: Nina regularly drafts and negotiates design and construction contracts for owners with large development portfolios that minimize risk, while also keeping the project moving forward. She is fluent in modifying AIA form contracts. In the past few years, she developed suites of contract forms for multiple developers, and negotiated design and construction contracts for a variety of projects including specialized lab spaces and large institutional redevelopment.
  • Advisor to Public Sector Entities: Nina advises public sector clients, such as the Massachusetts Department of Transportation (MassDOT), Massachusetts Bay Transportation Authority (MBTA), Massachusetts Lottery Commission, and the Massachusetts Gaming Commission, on a full range of legal matters – from routine compliance issues to litigation. She has guided these clients through procurements, public or administrative hearings, defending claims, or enforcing decisions.
  • Town Counsel: Nina serves the towns of Acton, Bedford, and Dover, Massachusetts. She regularly advises all Town clients of the Firm, on land use, procurement, governance, compliance issues, and complex litigation. She guides her towns through developing procurements, providing support for Town Meeting and public or administrative hearings, and training on the requirements of the State Ethics Act, the Open Meeting Law, and the Public Records Act. Nina regularly defends her towns against appeals of town decisions and enforces its decisions when flouted.

In addition to representing her clients, Nina has been chosen by her peers to be a Fellow of the American Bar Foundation.  She is also past chair of the Real Estate Section of the Boston Bar Association.

BEYOND THE OFFICE

When not working, Nina tries to get outside with her husband and kids for adventures as much as possible, whether that be coaching lacrosse, biking, running, sailing, or snowboarding.  The best of those adventures take place in her native State of Maine.

PRACTICE AREAS

Credentials

Education

Boston University School of Law, J.D. 2006 magna cum laude
Note Editor, Boston University Law Review

Bates College, B.S. 2000 cum laude

Admissions

Massachusetts

U.S. District Court, District of Massachusetts

Recognition

  • The Best Lawyers in America©, Lawyer of the Year in Boston, Municipal Law, 2023
  • The Best Lawyers in America©, Municipal Law, 2022-2023
  • The Best Lawyers in America©, Litigation - Municipal, 2022-2023
  • Massachusetts Super Lawyers, 2021
  • Massachusetts Rising Stars, 2015-2016

Affiliations

The Fellows of the American Bar Foundation
Boston Bar Association, Real Estate Section, former Co-Chair
Pickering Foundation, Board of Trustees Member
American Bar Association, Real Estate Litigation Section
Massachusetts Municipal Lawyers Association, Amicus Committee Member
ABA Forum on Construction Law

 

 

Experience

  • Town Counsel to Acton, Dover, and Bedford Massachusetts.
  • Represent institutional owner/developer in Cambridge on a variety of multi-million dollar construction contracts and disputes, including creating the client’s own template construction contracts.
  • Advising a major developer in Boston on construction and related contracts for proposed retail, commercial and residential tower.
  • Litigated a suite of cases on behalf of a local Masons Lodge related to for insurance coverage for a fire that destroyed their Temple, which ultimately resulted in new law in Massachusetts on insurance coverage for d/b/a entities.
  • Represent property owners, in Nantucket, in multiple challenges to the proliferation of short-term rentals in violation of zoning.
  • Represented developer client in an appeal of a denial of insurance coverage for environmental remediation.
  • Successfully arbitrated a dispute over a real estate option contract for developer client.
  • Obtained favorable settlement for a Town in multi-party litigation over defective construction of fire stations.
  • Successfully overturned regulations on Martha’s Vineyard that prohibited development of clients' property.
  • Defended a Town against a zoning challenge from daycare under the so-called Dover Amendment.
  • Defended a Town against claims alleging procurement misconduct, including appeals.
  • Defended an airport in a multi-count federal action, including RICO and antitrust claims, resulting in dismissal.
  • Defended Town’s right to use Community Preservation Acts funds to rehab two historic churches, including prevailing at the trial court level and arguing at the SJC resulting in a split decision and creation of new law on the Anti-Aid Amendment.
  • Won the dismissal of a large class action against MBTA for service disruptions in the winter of 2015.
  • Represented the MBTA in public records lawsuits against Boston Globe and others.
  • Successfully defended City of Attleboro at trial against a challenge to its denial of a permit for an asphalt plant in an Industrial Business Park district.
  • Defended multiple town and state agency clients against procurement challenges, including in Court and in front of the IG.
  • Provide general advice and outside litigation assistance to the Massachusetts State Lottery Commission.
  • As trial counsel, tried and won land use enforcement case on behalf of homeowner against City of Boston and neighbors in Suffolk Superior Court.
  • Successfully represented Nantucket Homeowner in Short-Term Rentals (STR) lawsuit against neighboring property owner and the Town of Nantucket.

Pro Bono

  • On a team that represents a group of African-immigrant small business owners in Nubian Square in Roxbury facing eviction.
  • Represented a community group in shutting down a non-compliant hazardous waste transfer facility located in an environmental justice neighborhood.
  • Represented neighborhood group in Maine against new development contrary to zoning.

Insights

Owners of real estate, developers, public sector entities, and Massachusetts towns turn to Nina to represent them in construction, land use, commercial, and real estate litigation matters.  Nina’s practice focuses primarily on the following:

  • Litigation: Branching out from general commercial litigation, Nina now litigates primarily construction, real estate, and insurance coverage matters for her clients at all levels of state and federal courts. Whether it is a dispute over real estate contracts, zoning, or a construction defect claim, Nina smartly pursues her clients’ goals through leveraging the litigation process.
  • Construction Contracts: Nina regularly drafts and negotiates design and construction contracts for owners with large development portfolios that minimize risk, while also keeping the project moving forward. She is fluent in modifying AIA form contracts. In the past few years, she developed suites of contract forms for multiple developers, and negotiated design and construction contracts for a variety of projects including specialized lab spaces and large institutional redevelopment.
  • Advisor to Public Sector Entities: Nina advises public sector clients, such as the Massachusetts Department of Transportation (MassDOT), Massachusetts Bay Transportation Authority (MBTA), Massachusetts Lottery Commission, and the Massachusetts Gaming Commission, on a full range of legal matters – from routine compliance issues to litigation. She has guided these clients through procurements, public or administrative hearings, defending claims, or enforcing decisions.
  • Town Counsel: Nina serves the towns of Acton, Bedford, and Dover, Massachusetts. She regularly advises all Town clients of the Firm, on land use, procurement, governance, compliance issues, and complex litigation. She guides her towns through developing procurements, providing support for Town Meeting and public or administrative hearings, and training on the requirements of the State Ethics Act, the Open Meeting Law, and the Public Records Act. Nina regularly defends her towns against appeals of town decisions and enforces its decisions when flouted.

In addition to representing her clients, Nina has been chosen by her peers to be a Fellow of the American Bar Foundation.  She is also past chair of the Real Estate Section of the Boston Bar Association.

BEYOND THE OFFICE

When not working, Nina tries to get outside with her husband and kids for adventures as much as possible, whether that be coaching lacrosse, biking, running, sailing, or snowboarding.  The best of those adventures take place in her native State of Maine.

Education

Boston University School of Law, J.D. 2006 magna cum laude
Note Editor, Boston University Law Review

Bates College, B.S. 2000 cum laude

Admissions

Massachusetts

U.S. District Court, District of Massachusetts

  • The Best Lawyers in America©, Lawyer of the Year in Boston, Municipal Law, 2023
  • The Best Lawyers in America©, Municipal Law, 2022-2023
  • The Best Lawyers in America©, Litigation - Municipal, 2022-2023
  • Massachusetts Super Lawyers, 2021
  • Massachusetts Rising Stars, 2015-2016

The Fellows of the American Bar Foundation
Boston Bar Association, Real Estate Section, former Co-Chair
Pickering Foundation, Board of Trustees Member
American Bar Association, Real Estate Litigation Section
Massachusetts Municipal Lawyers Association, Amicus Committee Member
ABA Forum on Construction Law

 

 

  • Town Counsel to Acton, Dover, and Bedford Massachusetts.
  • Represent institutional owner/developer in Cambridge on a variety of multi-million dollar construction contracts and disputes, including creating the client’s own template construction contracts.
  • Advising a major developer in Boston on construction and related contracts for proposed retail, commercial and residential tower.
  • Litigated a suite of cases on behalf of a local Masons Lodge related to for insurance coverage for a fire that destroyed their Temple, which ultimately resulted in new law in Massachusetts on insurance coverage for d/b/a entities.
  • Represent property owners, in Nantucket, in multiple challenges to the proliferation of short-term rentals in violation of zoning.
  • Represented developer client in an appeal of a denial of insurance coverage for environmental remediation.
  • Successfully arbitrated a dispute over a real estate option contract for developer client.
  • Obtained favorable settlement for a Town in multi-party litigation over defective construction of fire stations.
  • Successfully overturned regulations on Martha’s Vineyard that prohibited development of clients' property.
  • Defended a Town against a zoning challenge from daycare under the so-called Dover Amendment.
  • Defended a Town against claims alleging procurement misconduct, including appeals.
  • Defended an airport in a multi-count federal action, including RICO and antitrust claims, resulting in dismissal.
  • Defended Town’s right to use Community Preservation Acts funds to rehab two historic churches, including prevailing at the trial court level and arguing at the SJC resulting in a split decision and creation of new law on the Anti-Aid Amendment.
  • Won the dismissal of a large class action against MBTA for service disruptions in the winter of 2015.
  • Represented the MBTA in public records lawsuits against Boston Globe and others.
  • Successfully defended City of Attleboro at trial against a challenge to its denial of a permit for an asphalt plant in an Industrial Business Park district.
  • Defended multiple town and state agency clients against procurement challenges, including in Court and in front of the IG.
  • Provide general advice and outside litigation assistance to the Massachusetts State Lottery Commission.
  • As trial counsel, tried and won land use enforcement case on behalf of homeowner against City of Boston and neighbors in Suffolk Superior Court.
  • Successfully represented Nantucket Homeowner in Short-Term Rentals (STR) lawsuit against neighboring property owner and the Town of Nantucket.

Pro Bono

  • On a team that represents a group of African-immigrant small business owners in Nubian Square in Roxbury facing eviction.
  • Represented a community group in shutting down a non-compliant hazardous waste transfer facility located in an environmental justice neighborhood.
  • Represented neighborhood group in Maine against new development contrary to zoning.

News

Publications