Overview

Christopher R. Agostino is a shareholder, and serves as business counsel to clients across a range of industries, including commercial real estate, construction, lending, manufacturing, hospitality, retail sales and services and transportation. His practice covers the lifecycle of most privately held businesses from entity formation, employment matters, joint ventures, contracts and commercial finance, to mergers and acquisitions, business succession planning, 'business divorces' and creditors’ rights.

In addition, Chris’ experience in administrative law and land use provides a valuable resource to the firm’s Commercial Real Estate Group. He has successfully represented clients in proceedings before state and local administrative agencies, including the Massachusetts Housing Appeals Committee. He has served as lead counsel to clients in all phases of comprehensive permit development under Chapter 40B, and as an expert panelist on the topic of Chapter 40B. Chris has represented clients in disputes ranging from the issuance of a project eligibility letter, to post-permit changes, to 40B foreclosure issues and appellate review.

Chris is a graduate of The College of William and Mary in Virginia and a graduate, cum laude, from Suffolk University Law School. 

Chris has been recognized by Martindale Hubbell as an AV® Peer Review Rated Attorney. He is admitted to practice in all state courts in the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts, and is a member of the American Bar Association.

Honors & Awards

  • AV Peer Review Rated Attorney, Martindale Hubbell, 2010-Present

Education

B.A. The College of William & Mary in Virginia, 2002

J.D. Suffolk University Law School, Cum Laude, 2005

Bar & Court Admission

  • Commonwealth of Massachusetts
  • U.S. District Court for the District of Massachusetts

Representative Matters

General Transactions

  • Buyer’s counsel in $57MM acquisition of 65-room luxury hotel, related business assets, IP, and restaurant.
  • Buyer’s counsel in acquisition of minority interest in 38,000sf office building, which required complex transaction structure and timing to avoid adverse tax consequences.
  • Counsel in long-term lease of industrial R&D property with landlord management build-out. 
  • Tenant’s counsel in long-term lease of ~37,000sf high-bay warehouse facility, with multiple expansion options, early termination rights, right of first offer for real estate, and $1.1MM tenant improvement allowance for tenant-managed improvements.
  • Borrower’s counsel in the workout and restructuring of $40MM commercial mortgage debt secured by multiple commercial real estate assets. 
  • Seller’s counsel in sale of majority interest in $22MM freight forwarding business through asset sale transaction, with retained interest in resulting entity. 
  • Seller’s counsel in sale of $10MM freight forwarding business through stock sale transaction necessary to maintain operating licenses, with tax-free “F-Reorg” pre-closing, and post-closing earnout rights.
  • Buyer’s counsel in acquisition of $3.25MM S-Corp service business with SBA 7(A) financing, post-closing lease of principal office space, key-person employment agreements, and nuanced non-compete issues.
  • General counsel to four startup distilled spirits ventures, including general contract review, investment subscriptions, and governance issues.
  • General counsel to homebuilder, including administrative law compliance and permitting services, transactional services, and general advisory work.
  • General counsel to family-office real estate holding company, including sales transactions, leasing transactions, and day-to-day management.

Hospitality Industry Transactions

  • Represented international fast casual restaurant chain in US “on-shoring” work, including creation of entity structure for six US locations in three states in collaboration with tax advisors, as well as subsequent leasing, and tenant fit-outs.
  • Represented Massachusetts-based food manufacturing business in tax-free reorganization necessary to separate three unique lines of business and unlock Massachusetts manufacturing tax credits.
  • Represented partnership of three restaurant operators and outside friends and family investor group in organization of limited liability company to operate a single-location, full-service, sit-down restaurant in Boston.
  • Represented restauranteur in purchase of existing restaurant business, underlying real estate, and closing of associated SBA 504 loan, including organization of operating entity with key-man profits interest (i.e. chef/manager), organization of real estate entity, asset purchase transaction, real estate purchase transaction, SBA loan closing.
  • Represented minority partner in restaurant business “divorce.”
  • Represented experienced restaurant operator in high-level, summary review of lease for new location with percentage rent, TI allowance, and contingent free rent period.

Publications