Paul R. Eklund

Nutter served as legal counsel to Tufts Health Plan in connection with its combination with Harvard Pilgrim Health Care. The newly combined nonprofit organization will become one of the region’s largest health services organizations, providing high-quality health coverage in every segment of the market.

Nutter represented the stockholders of Bjorkman Industrial Power Corp., a supplier of batteries and chargers in the power industry, in the sale of stock to MHS Gamma, Inc.

Nutter represented Wainscot Media, LLC in its acquisition of the assets of Symphony NY Publishing, LLC, including the magazine brands Footware Plus and Earnshaw’s.

Nutter represented Orleans Auto Supply, Inc., a supplier of automotive parts and supplies, in its sale to Genuine Parts Company.

Nutter represented Powerhouse Dynamics, a software company based in Newton, MA, when it was acquired by merger by Middleby Corporation, a publicly traded commercial and residential cooking and industrial process equipment company based in Elgin, IL. Powerhouse Dynamics uses cloud-based controls and analytics to deliver enterprise-wide operational efficiency, food safety, and energy efficiency solutions to portfolios of small commercial facilities, including restaurants, convenience stores, retailers, and more.

Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.

Nutter advised Lallemand USA, Inc. when it acquired Scott Laboratories Inc. (USA) and Scott Laboratories Ltd. (Canada), privately-held companies specializing in value-added products for the North American wine, craft brewing, and distilled spirits industries.

Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly. 

Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.

Nutter represented Lincoln Property Company and Phoenix Property Company in a joint venture with an institutional capital partner in connection with the acquisition of development rights and the permitting and transactional aspects relating to this multi-party mixed-used development. 

New construction mixed-use development project totaling 499,500 square feet. The project includes a 12-story multi-family apartment building containing approximately 300,000 square feet and 304 first-class rental apartment residences, including 22 on-site affordable units and additional off-site contributions to Boston’s affordable housing stock. Resident amenities include a rooftop pool, Skydeck, gym and wellness studio. The apartment building also contains 22,816 square feet of space that can be used for retail, restaurant and/or office space. The adjacent Hotel Component, located a shared podium, was developed into a 12-story Hyatt Place hotel with 294 rooms. There is a one-level underground parking garage beneath the apartment building and garage that can accommodate up to 450 cars. The mixed-use development is situated on Massport’s “Parcel K” and was constructed pursuant to 3 separate 99-year ground leases entered with Massport.

Nutter advised a privately-held real estate company in a corporate restructuring of a complex organizational structure, including admission of an additional partner and the buyout of the company’s investors in a myriad of partnerships, limited liability companies, and corporate general partners/managers

Nutter advised a family-owned distributor on a roll-up strategy and numerous acquisitions in the same vertical space throughout the Northeast.

Nutter represented a leading automotive dealership in the acquisition of 14 dealerships and related real estate throughout New England.

Nutter represented a privately-held international manufacturing company in the strategic acquisitions of several complementary, worldwide businesses. We provided the resolution of issues related to significant IP assets, which included earn out payments over time.

Nutter represented a top-rated health plan in the acquisition of a Medicaid provider of health insurance in a transaction valued at $130 million and included earn-outs.

Nutter acted as special counsel to the Board of Governors of a major nonprofit hospital system in connection with the sale of the system to a for-profit entity. We were independent counsel to the Board with respect to fiduciary duties and processes in evaluating and approving the proposed transaction. Nutter also provided advice with regard to officers and directors liability insurance.

Nutter represented a nonprofit corporation in its consolidation with another not-for-profit corporation in a similar but complementary line of business. We provided advice on the structure of the transaction, from the tax exempt, regulatory, and corporate perspectives. We documented and negotiated the transaction, and provided advice to the board of directors on governance considerations.

Nutter represented a nonprofit corporation in a restructuring of its unusual and complicated corporate structure involving not-for-profit and for-profit corporations. We provided tax, corporate, regulatory, and governance advice to our client to enable it successfully to complete the restructuring.

Nutter served as legal counsel to Griffith Properties, LLC and DRA Advisors in a joint venture in the acquisition, financing, and permitting for redevelopment of 580 Pleasant Street in Watertown, MA.