Barclay Damon
Barclay Damon

Stephen 
     Oleskey

Stephen Oleskey

Of Counsel

p: 617.274.2909

f: 617.722.6003

icon_email soleskey@barclaydamon.com
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Boston Office

One Financial Center
Suite 1701
Boston, Massachusetts 02111

A former Massachusetts Deputy Attorney General and Public Protection Bureau chief, Stephen primarily concentrates his practice on representing corporations, partnerships, joint ventures, individuals, and government entities in civil jury and jury-waived trials, arbitrations, and mediations in Massachusetts state and federal courts and in many other jurisdictions, including the US Supreme Court, the Massachusetts Supreme Judicial Court, the Massachusetts Appeals Court, the New Hampshire Supreme Court, the Maine Supreme Court, the US Tax Court, the US Court of Claims, and US Courts of Appeals for the District of Columbia First, Third, and Ninth Circuits.

Some of Stephen representative clients have included Gale Companies, Stockbridge Real Estate Fund, Mondev International, Equity Office Properties, New England Life Insurance Company, Gerald D. Hines Interests, Sears Roebuck, and Silverleaf Resorts, Inc.

Representative Experience

  • Successfully defended a joint venture owning a new office tower against a $40 million claim by a former partner.
  • Established that a client operating a large building under a long-term lease from a public authority was entitled to the same statutory exemption from real-property taxes enjoyed by the authority.
  • Represented the owner of a large parking garage in a lease-reset arbitration over a long-term parking contract and established that the lease value had increased dramatically.
  • Defeated minority partners’ claims for breach of fiduciary duties by general partners and obtained a judgment for over $2 million in legal fees from the plaintiffs for instigating and pursuing a frivolous suit.
  • Enjoined a wind-farm developer from completing its project until it established compliance with its development permit.
  • Secured a $17 million jury verdict against a municipality in favor of the developer of a mixed-use project where the municipality had unlawfully refused to convey the project land.
  • Represented an office-tower developer in the successful defense of all project permits and approvals.
  • Co-led a team for eight years in representing six men detained in Guantanamo Bay Prison without charge or trial, culminating in the first federal district court habeas corpus trial for any such detainees and a ruling that five of the men were being held without legal authority and should be immediately released.

Practice Areas

Education

  • New York University School of Law, J.D., Arthur T. Vanderbilt Scholar, 1968
  • Wesleyan University, B.A., magna cum laude, Thesis Honors, Phi Beta Kappa, 1964

Admitted To Practice

  • Massachusetts
  • New Hampshire
  • New York

Memberships & Affiliations

  • American Bar Association Foundation, Fellow
  • Boston Bar Association
  • Boston Bar Association Foundation, Fellow
  • New Hampshire Bar Association
  • Pact, Inc., Former Board of Directors Chair
  • Greater Boston Legal Services, Former Director and President
  • Massachusetts Legal Assistance Corporation, Former Director and Chair
  • Massachusetts Equal Justice Coalition, Former Chair
  • NOW LDFF (now Legal Momentum), Former General Counsel and National Board Member

Civic Activities

  • Justice Bridge Boston Legal Incubator, Advisory Board Member
  • Beacon Hill Civic Association, Former Director and Chair
  • Boston Bar Association Volunteer Lawyers’ Project, Former Director and Chair
  • Community Dispute Settlement Center, Community Peacemaker Award, 2008

Speaking & Publications

  • ASAE Annual Law Symposium “ Litigation as a Vehicle to Influence and Effect Public Policy” Closing Keynote Speaker
  • Rhode Island Bar Association Annual Meeting, Keynote Speaker, “Habeas Corpus After Boumediene
  • Eighteenth Annual Honorable Frank M. Coffin Lecturer on Law and Public Service, “Reflections on 40 Years of Private Practice and Sustained Pro Bono Advocacy”
  • Connecticut Judges’ Institute, “Boumediene v. Bush
  • American Corporate Counsel Association Chapter, “Arbitration, Mediation, and ADR in Real Estate Disputes”
  • New England Journal on Criminal and Civil Confinement, “In Our Name: A Play of the Torture Years”
  • Maine Law Review, “Reflections on 40 Years of Private Practice and Sustained Pro Bono Advocacy”

Honors

  • Selected to Super Lawyers Massachusetts : General Litigation, 2001-2018
  • The Best Lawyers in America®, Boston Lawyer of the Year: Eminent Domain and Condemnation Law, 2015
  • Northeastern University School of Law, Honorary Doctor of Laws Degree and Commencement Speaker, 2009
  • Massachusetts Lawyers Weekly, Lawyer of the Year, 2008
  • American Bar Association, Lifetime Achievement Award for Pro Bono Publico Work, 2007

Prior Experience

  • Hiscock & Barclay, LLP, Of Counsel
  • WilmerHale, Partner
  • Massachusetts Deputy Attorney General and Chief of the Public Protection Bureau