Jennifer L. Barnett

Published on: June 17, 2013

Areas of Focus:  Condominium Law, Real Estate Law, Civil Litigation and Appellate Litigation

Jenny is a partner with Marcus, Errico, Emmer & Brooks, P.C., concentrating her practice in the areas of civil and appellate litigation, and she has extensive experience representing real estate developers, property owners, property managers, condominium associations, and homeowner associations before state and federal courts, administrative agencies, and local boards, in a wide range of disputes and controversies, both straightforward and complex, including by way of example only, and without limitation, commercial disputes, issues related to code compliance and orders of abatement, enforcement actions, claims arising out of restrictive covenants and land use restrictions, title disputes, claims for adverse possession and prescriptive easements, permitting, licensing and leasing disputes, negligence, nuisance, and breach of fiduciary duty claims, contract disputes, contractor and construction management disputes, and construction defect litigation.

Beyond the forgoing, Jenny also helps to counsel employers with respect to their various duties and obligations arising out of an ever-evolving composite of laws and regulations affecting both employers and employees at the local, state, and federal level, and she routinely advises employers with respect to pre-employment assessments and screening, hiring practices, workplace policies and procedures, leave administration, employee performance management, employee discipline and termination, privacy issues, wages and compensation, worker classification, fair employment practices, leaves of absences and disability accommodations. In addition, Jenny also regularly drafts compensation agreements, company policies, procedures and forms, license agreements for “live-in” employees, company handbooks, severance agreements, separation agreements, releases and disclosure agreements.

EDUCATION

  • University of Richmond (2001)
  • Suffolk University Law School, magna cum laude (2004)

PROFESSIONAL AFFILIATIONS

  • Massachusetts Bar Association
  • Community Associations Institute
  • Institute of Real Management

ADMISSIONS

  • Massachusetts
  • U.S. District Court in Massachusetts
  • United States Court of Appeals for the First Circuit

NOTABLE

  • Fellow, Litigation Counsel of America
  • Recognized as a Super Lawyers Rising Star 2013-2019
  • Frequent lecturer and author of articles on condominium, commercial, real estate, and employment related issues and emerging local and national trends.

PUBLICATIONS AND EVENTS

  • The Condominium Turnover: Transitioning to Unit Owner Control (REBA News, November 2012 and Condo Media February 2013) 
  • Safety, Security and Sensibility: Considerations and Solutions for Limiting the Association’s Liability (Condo Media May 2013)
  • By the Documents: Enforcing Rules and Policies (Condo Media June 2013)

Jennifer’s recent representative matters include:

  • Obtaining an Appellate Court decision affirming a condominium association’s right to collect more than $160,000.00 in
    outstanding common area fees.
  • Obtaining a Superior Court judgment following trial,
    to expunge certain fraudulently created trust agreements and to determine the proper trustees and beneficiaries of a complex series of trusts.
  • Obtaining a Superior Court Judgment in favor of Defendants following trial, in action brought pursuant to the Consumer Protection Statute (G.L. c. 93A).

Jennifer’s published appellate decisions include:  Board of Trustees of Ocean Club on Smugglers Beach Resort Condominium Trust v. The Rothchild Group, Inc., et al., 72 Mass. App. Ct. 1108 (2008); Board of Trustees of the 447 Marlborough Street Condominium Trust v. Garrison S. Corben, et al. 73 Mass. App. Ct. 1120; Trustees of the One Hundred Nine Commonwealth Avenue Condominium Trust v. Maurer, 81 Mass. App. Ct. 1131 (2012).

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