Austin P. Anderson

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Partner

Overview

Austin Anderson is a litigation attorney who represents public agencies, municipalities, airports, educational institutions, businesses, nonprofit organizations, and individuals in complex civil litigation, appellate litigation, internal investigations, and government enforcement actions. He helps clients navigate high-stakes matters involving constitutional law, civil rights claims, contract disputes, land use and permitting disputes, government enforcement actions, public records issues, administrative law, and regulatory compliance. Austin regularly conducts independent investigations involving allegations of workplace misconduct, discrimination, harassment, and Title IX violations, and he advises organizations responding to subpoenas, investigative demands, and inquiries from state and federal agencies. 

An experienced appellate advocate, he has briefed and argued appeals in state and federal courts on issues ranging from constitutional and procedural questions to municipal authority and public access rights. Clients value his thoughtful, practical approach to difficult legal challenges and his ability to develop persuasive strategies in matters with significant legal, operational, and public-policy implications. Many of Austin’s matters involve helping public entities, mission-driven organizations, and private clients advance important objectives while managing legal risk and serving broader community interests.

Municipal, Airport & Public Sector Litigation

Austin regularly represents municipalities, airports, state agencies, boards, and other public entities in litigation, regulatory proceedings, and administrative appeals. He advises public-sector clients on constitutional law, land use and zoning disputes, public records matters, contracts, permitting issues, and challenges to governmental decisions. His work includes defending municipal boards and agencies in court, protecting public resources and infrastructure, and helping public clients navigate complex legal issues that carry significant policy, governance, and community implications. He has substantial experience representing airport clients in litigation and regulatory matters throughout the country.

Government Investigations & Internal Investigations

Austin conducts workplace investigations, discrimination investigations, harassment investigations, Title IX investigations, and independent fact-finding reviews for public and private organizations. His investigative work is grounded in fairness, thorough analysis, and practical recommendations that help clients address sensitive issues and move forward effectively.  Austin also advises organizations facing government investigations, regulatory inquiries, civil enforcement actions, subpoenas, and investigative demands from state and federal agencies. He helps clients assess risk, respond strategically to government scrutiny, and manage matters that may have legal, operational, and reputational consequences.

Complex Civil & Appellate Litigation

Litigation is the cornerstone of Austin’s practice. He represents clients in state and federal courts at both the trial and appellate levels in matters involving constitutional litigation, civil rights litigation, land use litigation, administrative appeals, contract disputes, construction disputes, insurance matters, and regulatory challenges. Austin regularly serves as appellate counsel in cases involving governmental power, preemption, constitutional rights, municipal authority, public access rights, and other complex legal questions. He enjoys tackling difficult and novel legal issues, developing creative litigation strategies, and helping clients prevail in disputes that can shape broader legal precedent and public policy.

BEYOND THE OFFICE

Austin enjoys spending time with his family, including his two young sons, at home in Roslindale. He is an avid fly fisherman: he once worked as a guide at a lodge in Alaska and planned his law school summer internship at the U.S. Attorney’s Office in Missoula, Montana to take advantage of the nearby trout fishing. He also enjoys visiting his extended family in his home state of Maine.

PRACTICE AREAS

Credentials

Education

Harvard Law School, J.D. 2016 cum laude

Yale University, B.A. 2010

Admissions

United States Court of Appeals for the Eighth Circuit

United States District Court, District of Massachusetts

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the First Circuit

Massachusetts

United States Court of Appeals for the Ninth Circuit

Clerkship

Honorable Jon D. Levy, U.S. District Court, District of Maine

Recognition

The Best Lawyers in America©: Ones to Watch, Commercial Litigation, Criminal Defense, Municipal Law, 2022-2025

Massachusetts Super Lawyers Rising Star, 2019-2026

Experience

Public Sector, Airport & Municipal Litigation

  • Represented a municipal airport authority through trial in a constitutional challenge to an attempted takeover by state government.
  • Represented large airport in complex litigation concerning federal preemption and constitutional claims arising out of challenge to health care requirement.
  • Successfully defended government officials in a federal civil rights action arising from the COVID-19 pandemic, securing dismissal of constitutional claims on qualified immunity grounds in federal district court and affirmance before the U.S. Court of Appeals for the First Circuit.
  • Successfully moved to dismiss a federal lawsuit on behalf of a metropolitan airport authority challenging airport regulations governing labor peace agreements.
  • Represented a public transportation authority in a complex construction dispute involving a $200 million-plus infrastructure project, including contract, negligence, and Chapter 93A claims.
  • Successfully defended, at trial in Superior Court, a municipal board's approval of a permit for a large affordable housing development.
  • Successfully secured permits and approvals for multiple large-scale affordable housing developments in Cambridge.
  • Successfully negotiated the resolution of environmental liability claims on behalf of a municipal client.
  • Successfully defended, at trial in the Massachusetts Land Court, a municipal board's denial of a special permit for the development of protected open space.
  • Assisted Greater Boston Legal Services in successfully overturning, at trial, a municipal development approval that threatened neighboring historic residential properties.
  • Successfully litigated a public records action on behalf of the American Civil Liberties Union against a municipal police department.
  • Negotiated an agreement on behalf of a municipal client that protected the community from flooding risks associated with a large-scale commercial development.

Government Investigations & Internal Investigations

  • Conducted multiple Title IX and workplace investigations for colleges and universities involving allegations of sexual misconduct, race discrimination, gender discrimination, and related policy violations.
  • Conducted highly sensitive internal investigations for public and private clients involving allegations of workplace misconduct, ethical violations, misuse of public funds, and employee impropriety.
  • Advised a national retailer in responding to a civil investigative demand issued by a state Attorney General's Civil Rights Division concerning allegations of discriminatory security practices, including managing document productions, preparing presentations regarding corporate policies and training, and negotiating a favorable resolution.
  • Represented a state agency in complex post-conviction proceedings arising from a high-profile public corruption investigation, coordinating discovery, briefing and arguing motions, and preparing witnesses for evidentiary hearings.
  • Reviewed a municipal police department's policies, procedures, and practices and presented recommendations to local officials regarding organizational improvements, equity, and inclusion.
  • Successfully avoided indictment of an individual client during a federal criminal investigation.
  • Managed a large corporate client's response to a subpoena and investigation by a federal enforcement agency.

Appellate & Complex Civil Litigation

  • Successfully defended government officials before the U.S. Court of Appeals for the First Circuit, obtaining affirmance of the dismissal of constitutional claims arising from the COVID-19 pandemic.
  • Briefed and argued complex constitutional and procedural issues before the U.S. Court of Appeals for the Fifth Circuit on behalf of members of a municipal airport commission in litigation involving governmental authority and civil rights.
  • Successfully defended a municipality's public access rights to a historic roadway through trial, the Massachusetts Appeals Court, and the Supreme Judicial Court, briefing and arguing the appeal and securing a precedential decision affirming longstanding public rights.
  • Successfully obtained dismissal of a multimillion-dollar federal lawsuit in Texas on jurisdictional grounds.
  • Litigated and favorably resolved a complex commercial dispute involving allegations of unfair competition, civil RICO, and related business tort claims, including briefing dispositive motions, managing discovery, and participating in mediation.

Insights

  • Speaker, "Lindke v. Freed and Social Media Use by Municipalities: Applying a New SCOTUS Test for State Action", Strafford Webinars (May 13, 2024)

Austin Anderson is a litigation attorney who represents public agencies, municipalities, airports, educational institutions, businesses, nonprofit organizations, and individuals in complex civil litigation, appellate litigation, internal investigations, and government enforcement actions. He helps clients navigate high-stakes matters involving constitutional law, civil rights claims, contract disputes, land use and permitting disputes, government enforcement actions, public records issues, administrative law, and regulatory compliance. Austin regularly conducts independent investigations involving allegations of workplace misconduct, discrimination, harassment, and Title IX violations, and he advises organizations responding to subpoenas, investigative demands, and inquiries from state and federal agencies. 

An experienced appellate advocate, he has briefed and argued appeals in state and federal courts on issues ranging from constitutional and procedural questions to municipal authority and public access rights. Clients value his thoughtful, practical approach to difficult legal challenges and his ability to develop persuasive strategies in matters with significant legal, operational, and public-policy implications. Many of Austin’s matters involve helping public entities, mission-driven organizations, and private clients advance important objectives while managing legal risk and serving broader community interests.

Municipal, Airport & Public Sector Litigation

Austin regularly represents municipalities, airports, state agencies, boards, and other public entities in litigation, regulatory proceedings, and administrative appeals. He advises public-sector clients on constitutional law, land use and zoning disputes, public records matters, contracts, permitting issues, and challenges to governmental decisions. His work includes defending municipal boards and agencies in court, protecting public resources and infrastructure, and helping public clients navigate complex legal issues that carry significant policy, governance, and community implications. He has substantial experience representing airport clients in litigation and regulatory matters throughout the country.

Government Investigations & Internal Investigations

Austin conducts workplace investigations, discrimination investigations, harassment investigations, Title IX investigations, and independent fact-finding reviews for public and private organizations. His investigative work is grounded in fairness, thorough analysis, and practical recommendations that help clients address sensitive issues and move forward effectively.  Austin also advises organizations facing government investigations, regulatory inquiries, civil enforcement actions, subpoenas, and investigative demands from state and federal agencies. He helps clients assess risk, respond strategically to government scrutiny, and manage matters that may have legal, operational, and reputational consequences.

Complex Civil & Appellate Litigation

Litigation is the cornerstone of Austin’s practice. He represents clients in state and federal courts at both the trial and appellate levels in matters involving constitutional litigation, civil rights litigation, land use litigation, administrative appeals, contract disputes, construction disputes, insurance matters, and regulatory challenges. Austin regularly serves as appellate counsel in cases involving governmental power, preemption, constitutional rights, municipal authority, public access rights, and other complex legal questions. He enjoys tackling difficult and novel legal issues, developing creative litigation strategies, and helping clients prevail in disputes that can shape broader legal precedent and public policy.

BEYOND THE OFFICE

Austin enjoys spending time with his family, including his two young sons, at home in Roslindale. He is an avid fly fisherman: he once worked as a guide at a lodge in Alaska and planned his law school summer internship at the U.S. Attorney’s Office in Missoula, Montana to take advantage of the nearby trout fishing. He also enjoys visiting his extended family in his home state of Maine.

Education

Harvard Law School, J.D. 2016 cum laude

Yale University, B.A. 2010

Admissions

United States Court of Appeals for the Eighth Circuit

United States District Court, District of Massachusetts

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the First Circuit

Massachusetts

United States Court of Appeals for the Ninth Circuit

Clerkship

Honorable Jon D. Levy, U.S. District Court, District of Maine

The Best Lawyers in America©: Ones to Watch, Commercial Litigation, Criminal Defense, Municipal Law, 2022-2025

Massachusetts Super Lawyers Rising Star, 2019-2026

Public Sector, Airport & Municipal Litigation

  • Represented a municipal airport authority through trial in a constitutional challenge to an attempted takeover by state government.
  • Represented large airport in complex litigation concerning federal preemption and constitutional claims arising out of challenge to health care requirement.
  • Successfully defended government officials in a federal civil rights action arising from the COVID-19 pandemic, securing dismissal of constitutional claims on qualified immunity grounds in federal district court and affirmance before the U.S. Court of Appeals for the First Circuit.
  • Successfully moved to dismiss a federal lawsuit on behalf of a metropolitan airport authority challenging airport regulations governing labor peace agreements.
  • Represented a public transportation authority in a complex construction dispute involving a $200 million-plus infrastructure project, including contract, negligence, and Chapter 93A claims.
  • Successfully defended, at trial in Superior Court, a municipal board's approval of a permit for a large affordable housing development.
  • Successfully secured permits and approvals for multiple large-scale affordable housing developments in Cambridge.
  • Successfully negotiated the resolution of environmental liability claims on behalf of a municipal client.
  • Successfully defended, at trial in the Massachusetts Land Court, a municipal board's denial of a special permit for the development of protected open space.
  • Assisted Greater Boston Legal Services in successfully overturning, at trial, a municipal development approval that threatened neighboring historic residential properties.
  • Successfully litigated a public records action on behalf of the American Civil Liberties Union against a municipal police department.
  • Negotiated an agreement on behalf of a municipal client that protected the community from flooding risks associated with a large-scale commercial development.

Government Investigations & Internal Investigations

  • Conducted multiple Title IX and workplace investigations for colleges and universities involving allegations of sexual misconduct, race discrimination, gender discrimination, and related policy violations.
  • Conducted highly sensitive internal investigations for public and private clients involving allegations of workplace misconduct, ethical violations, misuse of public funds, and employee impropriety.
  • Advised a national retailer in responding to a civil investigative demand issued by a state Attorney General's Civil Rights Division concerning allegations of discriminatory security practices, including managing document productions, preparing presentations regarding corporate policies and training, and negotiating a favorable resolution.
  • Represented a state agency in complex post-conviction proceedings arising from a high-profile public corruption investigation, coordinating discovery, briefing and arguing motions, and preparing witnesses for evidentiary hearings.
  • Reviewed a municipal police department's policies, procedures, and practices and presented recommendations to local officials regarding organizational improvements, equity, and inclusion.
  • Successfully avoided indictment of an individual client during a federal criminal investigation.
  • Managed a large corporate client's response to a subpoena and investigation by a federal enforcement agency.

Appellate & Complex Civil Litigation

  • Successfully defended government officials before the U.S. Court of Appeals for the First Circuit, obtaining affirmance of the dismissal of constitutional claims arising from the COVID-19 pandemic.
  • Briefed and argued complex constitutional and procedural issues before the U.S. Court of Appeals for the Fifth Circuit on behalf of members of a municipal airport commission in litigation involving governmental authority and civil rights.
  • Successfully defended a municipality's public access rights to a historic roadway through trial, the Massachusetts Appeals Court, and the Supreme Judicial Court, briefing and arguing the appeal and securing a precedential decision affirming longstanding public rights.
  • Successfully obtained dismissal of a multimillion-dollar federal lawsuit in Texas on jurisdictional grounds.
  • Litigated and favorably resolved a complex commercial dispute involving allegations of unfair competition, civil RICO, and related business tort claims, including briefing dispositive motions, managing discovery, and participating in mediation.

News

Publications

Speaking Engagements

  • Speaker, "Lindke v. Freed and Social Media Use by Municipalities: Applying a New SCOTUS Test for State Action", Strafford Webinars (May 13, 2024)