Pioneer Public Interest Law Center and New England Legal Foundation Unite Under New Banner: Pioneer New England Legal Foundation

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Boston, MA — The Pioneer Public Interest Law Center (Pioneer Law Center) today announced its strategic alliance with the New England Legal Foundation (NELF), as the Pioneer New England Legal Foundation (PNELF). Building on a common mission of advancing educational opportunity, government transparency and free enterprise, PNELF will expand services to defend and promote these freedoms across and beyond New England. 

Brackett Denniston III, founding chair of Pioneer Law Center, will continue to serve as chair of PNELF. Frank J. Bailey will lead the newly expanded organization as president. Natalie Logan, President and General Counsel of the New England Legal Foundation, will join the PNELF Board along with NELF Directors Paul Cushing, Paul Dacier, Brian Leary and Kevin Martin as part of a purposeful advancement of the organizations’ shared values and mission. Additionally, Ben Robbins, formerly Senior Staff Attorney at NELF, has joined the PNELF staff to amplify appellate advocacy efforts and to expand its capacity in trial litigation. PNELF will continue to engage NELF’s state Advisory Councils, which serve as a direct link to each state’s legal community and provide real-time knowledge of emerging issues of concern to the organization. 

“We are excited that Pioneer New England Legal Foundation will be continuing the mission of the storied NELF to fight for educational choice, free enterprise and government accountability,” said Brackett Denniston III, Chair of the PNELF Board. “Now, more than ever, these freedoms are critical. By joining forces, the best legal minds in the business will amplify our work in courtrooms across New England and the nation.” 

“This strategic transition exemplifies the two organizations’ shared dedication to defending and promoting educational options, accountable government and economic opportunity across the Northeast and around the country,” said Frank Bailey. “We welcome leaders in the legal community to PNELF’s Board, and the addition of NELF’s talent will strengthen our ability to achieve our common mission. We now are better positioned to advance justice across the region and beyond.” 

Natalie Logan added, “As we conclude decades of impactful independent operations, we are proud that the New England Legal Foundation brand and mission will live on through the work of the Pioneer New England Legal Foundation. This is an exciting new chapter in our shared effort to protect individual liberties and promote economic freedom.” 

NELF anticipates winding down its operations in the coming months. Moving forward, the work of both organizations will continue and be strengthened through PNELF, which will serve as the primary business-centric, public interest champion for appellate advocacy, impact litigation and legal policy reform in the region. 

This alliance marks something of a homecoming for many members of the Pioneer Law Center board. Bailey and current board members Ern Haddad, Stan Twardy, and others previously served on NELF’s board and Advisory Councils. Lena Goldberg and Brackett Denniston each chaired NELF for many years, deepening the shared legacy that now continues through this partnership. 

The news comes on the heels of a Pioneer Law Center announcement last week that former District of Massachusetts United States Attorney Andrew Lelling, former Director of MEMA Kurt Schwartz, and noted attorney and Sullivan & Worcester partner Joel Carpenter also recently joined the PNELF Board of Directors. 

For additional information visit PioneerLegal.org. 

Pioneer New England Legal Foundation (formerly Pioneer Public Interest Law Center) is the region’s leading public interest law organization dedicated to advancing economic liberty, free enterprise and individual rights. Building on the legacy of the New England Legal Foundation, whose independent operations are winding down, Pioneer New England Legal Foundation carries forward a shared commitment to promoting justice and defending constitutional freedoms through strategic litigation and legal advocacy. 

Pioneer Law Adds Lelling, Schwartz and Carpenter to Board

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Boston, MA—Pioneer Public Interest Law Center today announced that it has added three new board members including the former head of MEMA, a former U.S Attorney for the District of Massachusetts, and a prominent law firm chairman.   

“We are thrilled to add Kurt Schwartz, Andrew Lelling and Joel Carpenter to the Pioneer Law Center team,” said Frank J. Bailey, President. “These preeminent lawyers bring refreshing new perspectives along with passion for the rule of law to the Law Center.  They are committed to helping advance and expand our mission.”  

“It’s an honor to welcome these fine attorneys to the Law Center Board,” said Brackett Denniston III, Chair. “Each brings a wealth of expertise and a distinguished track record of legal excellence that will greatly enhance our work. Their shared commitment to advancing the Law Center’s mission of protecting the rule of law will be invaluable as we continue to drive impactful, principled legal solutions through litigation and amicus briefing in state and federal courts.”  

“We are privileged to have such great minds from all walks of the legal community join the Pioneer Law Center Board,” said Bailey. “Their distinguished careers will be instrumental in advancing our mission of defending and promoting educational options, ensuring accountable government, and promoting economic opportunity across the Northeast and around the country.” 

Kurt Schwartz 

Since retiring in 2019 after 37 years of government service in Massachusetts, Kurt Schwartz has consulted with government agencies, corporations, and non-profits in the areas of emergency management, homeland security, crisis leadership, and COVID-19 preparedness and operations.  He also serves on the National Boards of American Friends of Magen David Adom, IsraAID-US, American Friends of Herut, and is a Director of Charm Sciences, Inc.      

From 2007 to 2019, Kurt was a Gubernatorial appointee to the Executive Office of Public Safety and Security where he served in several leadership roles including Undersecretary of Law Enforcement, Undersecretary of Homeland Security, Governor’s Homeland Security Advisor, Chair of the Massachusetts Homeland Security Advisory Council, and Director of the Massachusetts Emergency Management Agency.  He also was a Gubernatorial appointee to the Board of Directors of the Massachusetts Port Authority and served on FEMA’s National Advisory Council and as Co-Chair of the International Emergency Management Group.  

Between 1987 and 2007, Kurt worked as a state criminal prosecutor, including 5 years as Chief of the Criminal Bureau in the Massachusetts Attorney General’s Office and 8 years as Chief of the Special Investigations Unit in the Middlesex County District Attorney’s Office.     

Earlier in his career, Kurt served as a police officer and emergency medical technician.  

Kurt holds a Bachelor of Arts degree from Wesleyan University and a Juris Doctor degree from Boston College Law School.  He is married, has two grown children, and lives in Concord, Massachusetts.      

Joel Carpenter 

Joel Carpenter is a partner at Sullivan & Worcester, where he served as co-managing partner for many years. Joel is particularly experienced in the tax structuring of complex business and investment arrangements using partnerships, limited liability companies, and Subchapter S corporations. He advises a broad range of private and institutional investors, including real estate investment firms, on a wide variety of U.S. federal income tax matters. This includes fund formation matters, the acquisition and disposition of property, structuring debt and equity investments, equity compensation plans, and tax planning for investors. 

Joel also advises on the tax structuring of corporate mergers and acquisition transactions, as well as the financing of emerging companies. He has served on the boards of several enterprises and provides individual income and estate tax planning services for individuals of substantial means. 

Andrew Lelling 

Andrew Lelling is a former United States Attorney and senior Department of Justice (DOJ) official with deep experience in white collar, securities, and international enforcement matters. He defends companies and individuals in complex civil litigation and government investigations. He also leads internal investigations and advises on compliance with federal, state, and international laws. He has successfully tried dozens of cases in federal and state courts. 

Before joining Jones Day in 2021, Andrew was the U.S. Attorney for the District of Massachusetts, capping a 20-year career with the DOJ. During that time, he handled complex enforcement matters both as a line prosecutor and senior DOJ official, including corporate fraud prosecutions, parallel investigations with the U.S. Securities & Exchange Commission (SEC), trade secret theft, Foreign Corrupt Practices Act (FCPA) matters, civil and criminal health care enforcement, and international money laundering. Widely known for leading “Operation Varsity Blues,” the nationwide investigation of corruption in college admissions, he led major initiatives targeting COVID relief fraud, anti-kickback claims against pharma companies under the False Claims Act (FCA), and bank fraud during the financial crisis of 2007-2009. Andrew crafted federal enforcement policy on a national level, including initiatives targeting foreign economic espionage, trade secret theft, and cybercrime, as chair of the Attorney General’s Cybercrime and Intellectual Property Subcommittee.  

In the early 2000s, Andrew led the investigation of the 2000 presidential election in Florida and negotiated human rights issues with the Chinese government. He teaches securities regulation and trial practice at Boston-area law schools. 

American Bar Association Elects President of the Pioneer Law Center as Vice Chair of Judicial Division

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The Hon. Frank J. Bailey (ret.) will Advance to Chair in 2026

(Boston, Mass.)- The Pioneer Public Interest Law Center today announced that its president, Hon. Frank J. Bailey (ret.) has been elected as the next Vice Chair of the Judicial Division of the American Bar Association  (ABA). Judge Bailey will advance to chair-elect and then chair in 2026.

“The American Bar Association is proud to welcome retired U.S. Bankruptcy Judge Frank J. Bailey as our Judicial Division’s next Vice Chair, ” said ABA President Bill Bay. “Judge Bailey’s extensive experience and dedication to the rule of law makes him a strong leader for the division. His commitment to addressing the challenges faced by the judiciary today will be vital as we continue to uphold the integrity and independence of our courts.” 

The Judicial Division comprises 3,000 federal, state, tribal and local judges who serve throughout the United States and serves as the “voice of the American judiciary” within the ABA. Bailey was nominated by the National Conference of Federal Trial Judges for election to this role. He follows the Honorable J. Michele Childs of the U.S. Court of Appeals for the D.C Circuit as the nominee of the federal judges.

“It is an honor to be elected as the next Vice Chair of the American Bar Association’s Judicial Division,” said Frank J. Bailey, President of the Pioneer Public Interest Law Center. “In today’s climate, it is imperative that our great judges, court officials and tribal leaders come together to share ideas and innovative solutions as we face new challenges, including AI and judicial security, across the legal system.”

In its capacity, the Judicial Division proposes policy to the ABA House of Delegates, coordinates with the ABA President on public statements regarding issues of importance to the American Judiciary, conducts outreach on judicial education to the public -including high school and college students- and works with law students and young lawyers to advance the rule of law in the U.S. and abroad.

Bailey was a long-time partner of Sherin and Lodgen LLP and an associate at Sullivan & Worcester LLP.  He also served as a law clerk to Chief Justice Herbert P. Wilkins at the SJC.

Superior Court Judge Invalidates “Equity Theft” Law as Unconstitutional

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SPRINGFIELD, MA –A Massachusetts Superior Court has ruled that a state law allowing municipalities (or private actors to whom municipalities sell the right to foreclose) to foreclose on homes due to property tax debt without having to pay the homeowner the difference between the taxes owed and the value of the home is unconstitutional as applied to the facts of the case at hand.

Read more

PPILC Board Member Jon Albano Honored

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Jonathan Albano, a partner with Morgan Lewis and a member of the board for Pioneer Public Interest Law Center, has been honored with a Lifetime Achievement award as part of law.com’s inaugural New England Legal Awards.

The awards honor professional excellence among the legal professional throughout New England. Jonathan’s colleagues Laurie Cerveny and Suzanne Filippi were also recognized, receiving the Distinguished Leaders award.

Jonathan focuses his practice primarily on commercial, media, and appellate litigation. His commercial litigation work includes representation of private and public companies and financial institutions. He has tried and obtained favorable results for clients in contract disputes, libel, purchase price adjustment, and complex construction claims, and has argued more than 40 appeals.

Jon, Laurie, Suzanne, and other honorees will be celebrated at an awards dinner September 21 in Boston.

 

Working for Judicial Reform in Ukraine

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BOSTON, June 15, 2023 — For more than a year, the world has witnessed Ukraine’s military struggle to push back a major Russian invasion. But another struggle that is vital to Ukraine’s future has been unfolding for several years—the effort to reform the nation’s judiciary, root out corruption, and help Ukraine secure its place as a nation dedicated to the rule of law.

On June 15, retired Massachusetts Supreme Judicial Court Justice Robert Cordy spoke at the University of Massachusetts Club in downtown Boston on his participation in the Ukrainian Judicial Ethics Council. The event was sponsored by Pioneer Public Interest Law Center (PPILC).

Justice Cordy, a member of the PPILC board, was joined by Bohdan Vitvitsky, a former federal prosecutor and diplomat. Together, they explored the recent history of Ukraine, including the toxic legacy of “legalized lawlessness” that the nation inherited when, in 1991, it gained its independence after seven decades as part of the Soviet Union.

Justice Cordy explained the intricacies of the judicial system in Ukraine and the challenges that he and other international experts—including from Wales and Estonia—faced as they worked with the Ukrainians to identify which members of the nation’s judiciary were truly qualified. He noted, for example, that of some 112 candidates they were to review, 55 were deemed non-compliant with the necessary standards for conduct, and another 20 withdrew before being interviewed.

In spite of the many challenges, Justice Cordy noted that the working relationship he had with the Ukrainians “was by and large incredibly positive.”

“I got to really appreciate that they were completely dedicated to the mission, the future of the judiciary,” he told attendees.

Reflecting on observations offered by Mr. Vitvitsky, Justice Cordy added that while reducing corruption is largely a legal process, there are also important cultural elements. His experiences, he noted, give him confidence that Ukraine is on the path to reform. While there were occasional disagreements, he said, “they all worked really hard together.”

Pioneer Public Interest Law Center (PPILC) is a nonprofit, nonpartisan public-interest law firm that defends and promotes educational options, accountable government, and economic opportunity. Through legal action and public education, PPILC works to preserve and enhance liberties grounded in the constitutions and civil rights laws of the United States.

PioneerLegal Gains Access to MBTA Pension Arbitration Award After Seven-Month Process

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Award increases age at which T employees can collect full pension, gives retirees 3 percent cost of living adjustment

Read the Award

BOSTON, April 26, 2023 – After a more than seven-month struggle, PioneerLegal, a public interest law firm, has gained access to an important August 2022 arbitrator’s decision about a dispute between the MBTA and its largest union, the Carmen, over the severely underfunded MBTA Retirement Fund (MBTARF).

“I’m proud that our work allowed this important decision to become public,” said PioneerLegal attorney John La Liberte. “But it’s troubling that it would take more than seven months for a document that affects so many people to see the light of day.”

Unlike in the state retirement system, basic tenets of the MBTARF, such as employer and employee contributions and retirement age, are negotiated by the parties.

The MBTARF has been in free fall in recent years. In 2007, pension costs accounted for 9 percent of payroll, but by 2021 they had risen to 24 percent. Despite this dramatic funding increase, the funded ratio fell from 75 percent in 2009 to 54 percent in 2021, with a $1.4 billion unfunded liability.

The arbitrator ruled that for MBTA employees under 60 years old with five or more years of service, the age for receiving a full pension will be raised to 65. Pensions would be reduced by 6 percent per year for each year before 65, which will save over $12 million annually.

Previously, MBTA employees hired before December 6, 2012, could receive a full pension after 23 years of service, regardless of age. The policy is one of the main reasons why the system has more retirees collecting pensions than employees paying in.

Retirees were granted a 3 percent cost of living adjustment affective July 1, 2018, and arbitrator Elizabeth Neumeier maintained the status quo on a number of other issues of disagreement between the MBTA and the Carmen.

Release of the award came only after a long and tortuous process. On September 3, 2022, PioneerLegal submitted a public records request to the MBTA for the decision, which is dated August 26. The T failed to respond by September 23, as required under Massachusetts public records law.

On that date, the Carmen’s Union filed a lawsuit challenging the arbitrator’s award.

On October 6, Pioneer submitted an appeal to the Massachusetts supervisor of records.  This time, the MBTA responded, claiming the award was exempt from disclosure.

PioneerLegal filed a second appeal on October 25, but the supervisor of records declined to opine on the substance of the matter.

On December 15, 2022, PioneerLegal filed suit in Superior Court to compel release of the award. The court denied the motion on March 30, 2023.

Just last week, after PioneerLegal—now known as Pioneer Public Interest Law Center— petitioned a single justice of the Appeals Court to reverse the Superior Court decision, the MBTA produced the award.

“Sadly, this is a case where Massachusetts earned its reputation for government opacity,” said Pioneer Institute Executive Director Jim Stergios. At a time when the MBTA faces declining ridership and growing deficits, taxpayers deserve to know about the additional threat the pension fund poses to the T’s fiscal stability.”

 

Pioneer Public Interest Law Center (PPILC) is a nonpartisan, public interest law firm that defends and promotes educational options, accountable government, and economic opportunity across the Northeast. PPILC achieves its mission through legal research, amicus briefs, and litigation.

Safeguarding Tax Concessions for Urban Redevelopment

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Read the slip opinion, Reagan vs. Commissioner of Revenue

On March 10, 2023, the Massachusetts Supreme Judicial Court reversed a decision of the state’s Appellate Tax Board, finding that a tax concession granted to the developers of urban redevelopment projects extends to the capital gains realized from the sale of those projects. The SJC had transferred the case on its own initiative from the Appeals Court. Pioneer Public Interest Law Center — then known as PioneerLegal — had submitted an amicus brief in the case.

Since the 1950s, Massachusetts has encouraged redevelopment of dilapidated properties under Chapter 121A of the state laws, which provides incentives for private investment. James J. Reagan, Jr. was the owner of three limited partnership interests — St. James Company, Blackstone Company, and Kenmore Abbey Limited Partnership — that invested more than $45 million over the last 40-plus years to transform abandoned or vacant properties in Boston into housing for the elderly and individuals with disabilities.

When Reagan and his wife, Irene M. Reagan, filed their 2012 state tax return, they took the position that the capital gains they had realized from the sales of the projects were exempt from tax because they were “on account of” those projects—in keeping with the language of Chapter 121A. The Reagans appealed their notice of assessment in July 2020. The SJC ruling found that the increased value of the properties was causally related to the project, and that extending the tax exemption to a capital gain from the sale of a Chapter 121A project is “buttressed by the statute as a whole.”

Massachusetts High Court Strikes Down Town’s Civility Code as Unconstitutional

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Read slip opinion Barron vs. Kolenda Read PioneerLegal’s amicus brief

BOSTON, March 7, 2023 — In an opinion that reinforces political speech rights at public meetings throughout the Commonwealth, the Supreme Judicial Court of Massachusetts has declared that Southborough’s civility code governing participation at public meetings violates Article 19 of the Massachusetts Constitution.

Article 19 protects core political speech rights—the right to assemble “in an orderly and peaceable manner. . . to consult upon the common good; give instructions to [the people’s] representatives,” and to request of the government “by way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.”

Exercising her Article 19 rights is just what appellant Louise Barron was attempting to do during the public comment portion of a Southborough town meeting when she was abruptly silenced and threatened with expulsion by town officials who claimed that her criticism of their repeated violations of the Open Meeting Law violated Southborough’s civility code.

“We are delighted that the court has made it absolutely clear that our democratic form of government was founded upon, and still depends upon, our right to freely and peaceably criticize our leaders, and to seek redress of our grievances, without fear of retribution or governmental restraints,” said PioneerLegal staff attorney Selena Fitanides.

The town’s code requires that “[a]ll remarks and dialogue in public meetings must be respectful and courteous, free of rude, personal or slanderous remarks,” and it warns that [i]nappropriate language . . . will not be tolerated.”

PioneerLegal filed a non-party amicus brief in the case last fall urging the court to rule that civility codes like Southborough’s constitute viewpoint discrimination and, therefore, violate the sacrosanct right to free political expression enshrined in the Massachusetts Constitution.

In a 29-page scholarly opinion, Justice Kafker agreed, writing that “[a]lthough civility can and should be encouraged in political discourse, it cannot be required.” According to our Constitution, “political speech must remain ‘uninhibited, robust, and wide-open.”

PioneerLegal President Frank J. Bailey reacted to the opinion as follows:

“We are convinced that the Barron decision, which marks a high-water mark in free speech rights in the Commonwealth, will have a nationwide impact on the rights of citizens to be heard by their elected officials. We also hope the United States Supreme Court will recognize those same rights in the federal Constitution when given an opportunity.”

“Reasonable Minds Can Differ”: Major Cases Now Before the U.S. Supreme Court

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Several recent polls have shown that confidence in the U.S. Supreme Court is at historic lows, but interest in the cases that come before the nation’s highest court remains strong.

The implications of several cases currently before the Court were explored at a March 1 forum, “Reasonable Minds Can Differ,” sponsored by PioneerLegal, the Federal Bar Association, and the Social Law Library.

More than 100 people gathered to hear Boston University School of Law Professors Gary Lawson and Jessica Silbey lay out the facts of five cases currently before the Court. Use the timestamps below to navigate to the portion of the program that deals in detail with each of the five cases discussed.

 09:22-25:15 — Tyler v. Hennepin County

“In twenty-first-century United States all private land is held of the state — if you don’t pay the property tax assessment mean people are going to come, they’re going to grab the land, put it up for a judicial auction, and use the proceeds to pay off your debt.”

25:20-39:38 — National Pork Producers Council v. Ross

“The question is whether that extraterritorial effect is so burdensome that it violates the dormant Commerce Clause principles, and that California cannot export its morals legislation, its policing legislation, to the rest of the United States.”

39:40-55:08 — 303 Creative LLC v. Elenis

“The question … is whether applying a public accommodation law like this compels a web designer (or an “artist”) to sell web designing services (or to “speak”) — whether it violates the free speech clause … Is this a services case … or a speech case.”

 55:30-1:06:34 — Gonzalez v. Google and Twitter, Inc. v. Taamneh

“The Court will consider whether Section 230 of the Communications Decency Act of 1996 should shield tech platforms from liability when they direct third-party content to individuals who are radicalized by that content and then participate in terrorist attacks.”

 1:06:40-1:19:25 — Moore v. Harper

This case may decide whether state legislatures alone get the last word on how federal elections are conducted. “Here’s the bottom-line question—and this is a law professor’s dream: When the Constitution talks about those state bodies, is it talking about them as institutions or as functions?”

PioneerLegal is a nonprofit, nonpartisan public-interest law firm that defends and promotes educational options, accountable government, and economic opportunity. Through legal action and public education, PioneerLegal works to preserve and enhance liberties grounded in the constitutions and civil rights laws of the United States.

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PioneerLegal is a non-partisan, public interest law firm that defends and promotes educational options, accountable government and economic opportunity across the Northeast. PioneerLegal achieves its mission through legal research, amicus briefs, and litigation.

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