Experienced and Respected Litigator For Residential and Commercial Construction Disputes, Contract Negotiations, Mechanic's Liens, & Employment Cases
I am an attorney with offices in Boston and MetroWest where I concentrate my practice in construction payment disputes, construction defect cases (both commercial and residential), business litigation, mechanic liens, employment disputes, shareholder disputes, insurance disputes, and personal injury cases. I represent both plaintiffs and defendants in litigation and contract negotiations, claims against insurance brokers, and assist individuals and businesses in a variety of employment, contract, and construction-related disputes.
My goal is to provide the best service I can to my clients, and to work closely with them to win their cases or negotiate the strongest protections and most favorable provisions in their contracts. I strive to immediately return my client’s telephone calls and e-mails. Your case is important, and I will treat you with the respect and focus you deserve!
I have had numerous successful results for my clients, in and out of the courtroom. I use my experience as a trial lawyer to negotiate contracts that help protect my clients, whether those are contracts for construction in commercial or residential settings.
In the courtroom, I am a focused, prepared, aggressive advocate for my clients. I recently convinced a Massachusetts Superior Court to dissolve a General Laws c. 254 mechanic’s lien on the basis that it had been improperly recorded and violated the highly technical Statute. The decision was significant and was the featured cover story for the June 25, 2018 Massachusetts Lawyer Weekly. I argued that where the home improvement contract upon which the contractor had recorded its lien did not match the subject contract in the litigation, down to the exact dollar amount, it must be dissolved in favor of the homeowner.
I recently won a jury trial in Middlesex Superior Court on behalf of his client, a snowplow and landscaping company. The plaintiff claimed that she sustained a serious injury when she slipped on less than 0.5” of snow during an active blizzard at a Market Basket parking lot. I argued that the snow removal company, which was using six trucks to plow the parking at the moment she fell, had been reasonable in removing the snow and not strictly liable simply because the plaintiff claimed she has slipped on snow or ice. After a three-day trial, the jury returned a verdict for my client less than one hour after finishing my closing argument.
I negotiated a contract on behalf of my client, Polkadog Bakery, a Boston-based pet supply manufacturer, to supply goods to the charitable foundation of one of Bravo TV’s “Real Housewives.” In exchange for my client providing monthly donations of locally made pet treats to the celebrity’s Los Angeles-based charity, the celebrity agreed to monthly mentions of Polkadog’s Facebook, Twitter, and website address, reaching millions of the celebrity’s social media followers.
I have received numerous recognitions and awards for my work, including a Preeminent AV Rating from Martindale Hubble. I was named to the Massachusetts Super Lawyers list in for 2013-2020 by the publishers of Boston Magazine and have a perfect "10" rating from Avvo.
In 2015, I graduated from the International Association of Defense Lawyers Trial Academy at Stanford Law School. I am a Board Member for the Massachusetts Defense Lawyers Association, a member of the International Association of Defense Lawyers (Trial Tactics and Construction Law Committees), the Massachusetts Bar Association (Judicial Administration Section), and the Boston Bar Association (Co-Chair of the Professional Liability Subcommittee).
I am a regular speaker and have lectured at various law schools and presented on topics to the Boston Bar Association, MCLE, and IADC, including panel presentations, and have been a trial tactics instructor for the National Institute for Trial Advocacy. I have presented and demonstrated on the cross examination of expert witnesses for Exponent and other expert witness providers. In 2019, I presented on general contractors’ non-delegable duty for jobsite safety at the Annual Meeting of the International Association of Defense Counsel in Asheville, NC. In 2020, I was asked to present at numerous conferences and seminars related to the Massachusetts Consumer Protection Statute, c. 93A, COVID-19 and Business Interruption Insurance Coverage, and Complex Litigation and Discovery.
|Award name||Grantor||Date granted|
|Best Lawyers In America||Best Lawyers||2021|
|Named to 2021 Super Lawyers List||Massachusetts Super Lawyers||2021|
|2020 Massachusetts Super Lawyers||Super Lawyers Magazine||2020|
|2019 Massachusetts Super Lawyers||Super Lawyers Magazine||2019|
|2018 Massachusetts Super Lawyers||Super Lawyers Magazine||2018|
|2017 Massachusetts Super Lawyers||Super Lawyers Magazine||2017|
|2015 Massachusetts "Rising Stars"||Super Lawyers Magazine||2015|
|2015 Trial Academy Attendee at Stanford Law School||International Association of Defense Counsel||2015|
|Recommended Insurance Attorney - General Defense||A.M. Best Company - Recommended Insurance Attorneys||2014|
|2014 Massachusetts "Rising Stars"||Super Lawyers Magazine||2014|
|2013 Massachusetts "Rising Stars"||Super Lawyers Magazine||2013|
|AV Preeminent 4.7 out of 5 Peer Review Rated||Martindale-Hubbell||2013|
|Partner||Kenney & Sams, P.C.||2016 - Present|
|Partner||Heifetz Rose, LLP||2015 - 2016|
|Associate||Heifetz Rose LLP||2013 - 2014|
|Associate||Tucker, Heifetz & Saltzman, LLP||2006 - 2012|
|Law Clerk to the Justices||Superior Court Of Massachusetts||2005 - 2006|
|Attorney-Advisor||United States Department of Commerce, Office of the Secretary, Ethics Division||2003 - 2005|
|Association name||Position name||Duration|
|Boston Bar Association||Co-Chair, Professional Liability Insurance Subcommittee||2019 - Present|
|International Association of Defense Counsel||2020-2021 Program Chair, Construction Law Committee||2014 - Present|
|Massachusetts Bar Association||Member, Judicial Administration Committee||2006 - Present|
|Massachusetts Defense Lawyers Association||Board Member||2019 - 2022|
|Boston Magazine||J. Nathan Cole Selected for 2017 Massachusetts Super Lawyers List||2017|
|Boston Magazine||J. Nathan Cole Selected for Inclusion in 2015 Massachusetts Super Lawyers Rising Stars List||2015|
|Boston Magazine||J. Nathan Cole Selected for Inclusion in 2014 Massachusetts Super Lawyers Rising Stars List||2014|
|Boston College Law School||JD - Juris Doctor||2003|
|Bates College||BA - Bachelor of Arts||1997|
|Webinar||Liability for Injuries to Subcontractor's Employees||2020|
|Webinar||Ethical Issues Related to the Attorney-Client Privilege||2020|
|Webinar||COVID-19 Insurance Claims and Business Interruption Coverage||2020|
|Webinar||Addressing the Insurers In the Tripartite Relationship||2020|
|MCLE's 60 Minute Lawyer||Out-of-State Subpoenas & Interstate Discovery||2019|
|International Association of Defense Counsel Annual Meeting||The Non-Delegable Responsibility for Jobsite Safety On Construction Projects||2019|
|Crisis Management Conference||Massachusetts Consumer Protection Statute, Mass. G. L. c. 93A||2019|
|Insurance Agents and Brokers E&O Claims||Insurance Agent and Broker Malpractice Claims||2018|
|2015 Construction Contract Workshop||Insurance and Indemnity Issues In Construction Contracts||2015|
|Belanger, et al. v. Boys in Berries, LLC, et al., (Ullmann, J.) (Suffolk Superior Court) (Civil Action No. 2012-04432-G)||Mr. Cole obtained Summary Judgement for his client on all counts.|
|MA Dept of Industrial Accidents v. Costa v. Lewis Gammons Ins. Agency, Inc., C.A. No. SUCV2013-02041||Achieved Summary Judgment on all Counts|
|Crotty v. Premier Insurance Company of Massachusetts, et al, Suffolk Superior Court, CA No. 2011-01506||Obtained Summary Judgment for Defendant on All Counts|
|Hampton v. Riverfront Foodservice Corp., 79 Mass. App. Ct. 1118 (2011)||Defendants' Motion for Summary Judgment Allowed and Affirmed by Appeals Court of Massachusetts|
|Lopez v. Olympia & York State, Suffolk Superior Court C.A. No. 2005-02295||Defendants' Motion for Summary Judgment Allowed|
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