Attorney Profiles

John W. DiNicola, II
(617) 279-2593, Jack.Dinicola@dsu-law.com
Mr. DiNicola practices in the area of construction litigation, arbitration and mediation, as well as commercial litigation. He has extensive experience in counseling and representing owners, general contractors, subcontractors and sureties on a variety of issues in the construction industry. Mr. DiNicola is experienced in all facets of construction law, from project inception at contract drafting, through project consultation, OSHA issues, mechanics lien issues, claim preparation and defense, project close-out, and dispute resolution. In addition, Mr. DiNicola has significant experience in several forms of alternative dispute resolution, including arbitration and mediation. Mr. DiNicola has lectured and published on several topics concerning construction law and dispute resolution for the Associated General Contractors of Massachusetts, Inc., Construction Industries of Massachusetts, Inc., National Business Institute, Inc., Lorman Education Services, and Professional Education Systems Institute, LLC. He has also lectured on Construction Law topics for Suffolk University Law School. Mr. DiNicola has authored many articles on construction law and claim resolution, including "Establishing and Achieving Objectives," Inside the Minds: Construction Law Strategies; Aspatore Books, 2007.

In 2006, 2007 and 2008, Mr. DiNicola was named a "Massachusetts Super Lawyer." In 2009, Mr. DiNicola was named a “New England Super Lawyer” and is listed in Super Lawyers, Corporate Counsel Edition, published in May 2010. He has also achieved the highest rating of AV by Martindale-Hubbell. Additionally, Mr. DiNicola is OSHA 10-Hour Safety Program Certified.

Mr. DiNicola is admitted to practice in all state and federal courts in the Commonwealth of Massachusetts, the State of Maryland and the State of New Jersey. He is a member of the American Bar Association ("ABA"), the ABA Forum on the Construction Industry, the ABA Litigation Section, the ABA Alternative Dispute Resolution Section, the Massachusetts Bar Association, the Maryland Bar Association, the New Jersey Bar Association and the Boston Bar Association.

Mr. DiNicola received his B.S. in finance in 1991 from Fairfield University in Fairfield, Connecticut. He earned his J.D. cum laude in 1995 from The Catholic University of America School of Law in Washington, DC.

Andrew F. Upton
(617) 279-2595, Andrew.Upton@dsu-law.com
Mr. Upton practices in government relations and administrative law. He has significant experience working with local, state and federal government agencies, state legislatures and elected officials. Mr. Upton represents national and local entities in all phases of administrative law with an emphasis on licensing, permitting, zoning and government hearings and investigations.

Prior to entering private practice, Mr. Upton served as Chief of Staff to the Chair of the Joint Committee on Taxation of the Massachusetts Legislature.

Mr. Upton has served in senior management positions and as counsel and consultant to more than 50 political and ballot question campaigns, including two races for Governor of Massachusetts.

Mr. Upton is a member of the Massachusetts Bar and the District of Columbia Bar.

In his community, Mr. Upton has been a mayoral appointee to the Historical Preservation Commission in Somerville, Massachusetts. He currently chairs the Somerville Licensing Board which exercises jurisdiction over 400 alcohol, food and entertainment licenses.

In 2005 and 2006, Mr. Upton was named a Massachusetts Rising Star by Boston Magazine.

Mr. Upton holds a bachelor's degree in political science from Columbia University, a master's degree in political science from the University of Chicago, and a law degree from Boston College Law School, where he was an editor on the Environmental Affairs Law Review.

Damon Seligson
(617) 279-2597, Damon.Seligson@dsu-law.com
Damon M. Seligson focuses his practice in litigation, including business, commercial and real estate disputes. Mr. Seligson also focuses his practice on land use matters, including zoning disputes, permitting and environmental matters. In addition to his real estate and commercial litigation practice, Mr. Seligson's litigation experience also includes professional and medical malpractice, product liability, health care law and representing nursing homes. Mr. Seligson has represented clients in both state and federal court and in arbitration proceedings. In addition to his state and federal trial experience, he has experience with various forms of alternate dispute resolution, including mediation.

In 1988, Mr. Seligson immigrated to the United States from his native country of South Africa. While attending law school, Mr. Seligson was the managing editor of the Moot Court Honor Board's Journal of Trial and Appellate Advocacy.

• Rising Star, Massachusetts Super Lawyers magazine, 2005, 2006, 2007
• Super Lawyer, Massachusetts, Super Lawyers magazine, 2008, 2009 and 2010

• Real Estate Bar Association
• American Bar Association
• Boston Bar Association
• Massachusetts Bar Association
• Town of Swampscott Zoning Board of Appeals, (former Chairman)

• U.S. District Court for Massachusetts
• U.S. Appeals Court, First Circuit

• Practical Guide to Zoning and Land Use Law in Massachusetts, NBI Seminar, January 23, 2004
• Boundary Disputes: Resolving Conflicts Without Going to Court, NBI Seminar, November 1, 2006
• The Dover Amendment, CLE International, Land Use and Developmental Law, May 13, 2005
• Resolving Disputes in Close Corporations and Partnerships, Massachusetts Continuing Legal Education, April 6, 2005
• Effective Boundary Dispute Resolution in Massachusetts, National Business Seminar, May 10, 2004

• "If Pro Bono Is Not An Option, Consider Volunteering," Boston Bar Journal, Fall 2009
• "Massachusetts State Court Ruling Seeks to Expand Scope of Nursing Home Liability," LTC Risk Legal Forum, June 9, 2009
• ""Fahrenheit 911" Did Not Defame Iraq War Veteran," Media and Communications, Newsletter - June/July 2008
• "Massachusetts Superior Court Civil Practice Jury Instructions -- The Consumer Protection Act, Chapter 93A," MCLE, Second Ed. , 2008
• "First Amendment Prevents Law Enforcement Officials From Prosecuting the Posting of Illegal Recording," Media and Communications, Newsletter - October/November 2007
• "Massachusetts High Court Allows Show Cause Hearings to Be Closed," Media and Communications, Newsletter - June/July 2007
• "First Circuit Rules for Lycos, Bolsters CDA Immunity for Web Site Operators," Media and Communications, Newsletter - April/May 2007
• "First Circuit Holds Trial Court Prematurely Rejected Public Figure Argument, Overturns Libel Verdict," Media and Communications, Newsletter - October 2006
• "Boundary Disputes in Massachusetts," National Business Institute, 2005
• "Resolving Disputes in Close Corporations and Partnerships," MCLE, 2005
• "Effective Boundary Dispute Resolution in Massachusetts," National Business Institute, 2004