Mr. Devine is engaged in a business law and tax practice with the law firm. He is involved in virtually all aspects of corporate law, entity selection, business formation, financial and tax matters, corporate mergers and acquisitions, buy-sell agreements, tax litigation, employee benefits and estate planning. Mr. Devine has also worked hand in hand with attorneys inside and outside the firm in connection with litigation of commercial disputes, shareholder disputes and white-collar tax crimes. He has been successful in dealing with some of the largest Chapter 11 cases filed in the Northern District of New York and has also successfully litigated ERISA cases involving employee stock ownership plans.
Mr. Devine’s representative recent engagements include the following:
- Trial counsel securing a judgment after bench trial of more than $15,700,000 in ESOP litigation in United States District Court for the Northern District of New York, and appellate counsel prosecuting and defending appeals with respect to that case (334 F. Supp. 2nd 252 and 468 F. Supp. 2nd 368).
- Co-lead counsel in an ESOP case in the Eastern District of California, securing a preliminary injunction (2008 WL 4443085) which ultimately led to a favorable settlement and secured retirement benefits for the participants in an employee stock ownership plan.
- Successful defense of preliminary injunction on an appeal to the United States Court of Appeals for the Ninth Circuit (572 F. 3d 1067).
- Negotiation and drafting of documents for the design and construction of gas-fueled power facilities in Michigan, California and Alabama, with contract values of over $50,000,000.
- General legal counsel with respect to the operation and sale of a modular home factory and an 834-unit apartment complex.
- Negotiation, structuring and implementation of substantial equity infusions in numerous local businesses.
- Sale of businesses to national and international companies.
- Acquisition of numerous insurance brokerage businesses.
- Negotiation and drafting of documents for lead bank in syndicated loan transactions of up to $220,000,000.
- Successful representation of the recording industry and motion picture industry against a file-sharing service in both Bankruptcy Court and United States District Court for the Northern District of New York.
- Successful representation of a charitable foundation in securing the dismissal in a Chapter 11 case on the basis of a bad faith filing.
In addition to his practice in the firm, Mr. Devine served as a Legal Assistant on the New York State Board of Law Examiners from 1977 to 2009. In that capacity, he was involved in the drafting and grading of the New York Bar Exam and the review of the Multi-State Bar Exam. He still manages a grading team with respect to the exam.
Mr. Devine attended Villanova University and Elmira College and received his B.A. in Political Science, with honors, in 1973. He graduated from Albany Law School, with honors, in 1976 and was a member of the Albany Law Review and the Justinian Society. While practicing law in Albany, he also attended New York University and was awarded an L.L.M. in Taxation in 1982.