Anthony D. Martin

Partner

  • Anthony D. Martin
  • Phone: +1 857 488 4224

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  • Duane Morris LLP
    100 High Street, Suite 2400
    Boston, MA 02110-1724
    USA

Anthony D. Martin practices in the areas of corporate and international law, as well as estate planning. He has substantial experience in corporate law and international transactions, including acquisitions, dispositions, financings, protection of intellectual and other property, employee compensation and equity plans, and contractual matters involving privately held, as well as publicly held companies. Mr. Martin has assisted clients in a broad range of international commercial activities, including joint ventures, distribution, agency and licensing agreements, advice on creditor protection and regulatory compliance, including the foreign corrupt practices act.

As an estate planner, Mr. Martin has more than 35 years of experience counseling family offices, individuals, married and divorced spouses, business owners and executives, and U.S. citizens and residents, as well as non-U.S. citizens, in the techniques of preserving and transferring wealth, protecting assets, providing for children, elderly and other family members, business succession planning, expatriation from the U.S., IRS reporting for foreign assets and accounts, and counseling clients generally in the integration of business and estate planning strategies. He has also assisted clients in the probating of estates and administering trusts, domestic and foreign, at times in the role of fiduciary or trust protector.

Mr. Martin has advised entrepreneurs and companies engaged in a broad range of commerce, including: computer hardware and software; e-commerce; biotechnology; scientific and medical research; pharmaceuticals and medical devices; manufacture, distribution and retailing of consumer and industrial products; electronics; cryogenics; publishing; fire retardation; life settlements; oil service technologies; personnel recruitment and placement; personal restraints; telecommunications; product design; real estate; commercial and management services; and mortgage servicing. He also counsels a significant number of clients in the healthcare industry, as well as nonprofit entities.

Areas of Practice

  • Estate, Tax and Wealth Planning
  • Corporate Law
  • International Commercial and Private Client Transactions

Representative Matters

    Business Transactions

  • Representation of heavy/civil contractor with family and ESOP shareholders in significant M&A transaction with publicly traded company

  • Counseling family owned businesses on significant tax savings prior to major liquidity events

  • Representation of seller of energy services company in transaction in excess of $150 million

  • Structuring technology company for multi-industry applications in both commercial and governmental fields involving foreign and domestic financing

  • Representation of foreign borrower in syndicated real estate loan closing requiring special purpose vehicle entities

  • Counseling U.S. clients on settlements of contentious litigations involving patents and other issues

  • Implementation of recall program for product manufacturer

  • Negotiation of restricted stock and deferred compensation package for highly paid executive in multinational company

  • Assisting senior medical professional transition from former practice group to new one

  • Assisting U.S. clients with joint ventures in Kuwait, Dubai, Qatar, Saudi Arabia, involving projects for oil and gas technologies, medical research and treatment, franchising of retail products, and construction

  • Assisting U.S. and foreign clients with IRS reporting issues, including guidance in and outside of the IRS voluntary disclosure programs, streamlined procedures, and responding to offshore bank requests

  • Assisting Middle East, Latin American, Chinese, Turkish, UK and European clients with entry into U.S. marketplace using joint ventures and acquisitions

  • Counseling non-profit organizations on their structuring, IRS exemptions, and operations

  • Assisting start-up and early stage companies with structuring and financing

    • Estate Planning

  • Decanted trusts to convert into directed trusts for a family office

  • Counseling Chinese and other Non-Residents on Pre-Immigration Planning and on Purchasing U.S. Real Estate.

  • Domesticated foreign trusts with U.S. beneficiaries to avoid FATCA and throwback trust issues

  • Restructuring of multi-generational family office with substantial assets, including trust decanting and re-siting

  • Complex structuring for wealth building and tax savings for family limited liability company with children's trusts, defined benefit plan, employment and insurance arrangements

  • Transitioning family business from senior generation to adult child tax efficiently

  • International estate planning for executives with U.S. and offshore assets

  • Managing transatlantic probates with litigation and regulatory issues in both jurisdictions

  • Negotiation of complex prenuptial arrangement with irrevocable insurance trust

  • Creditor protection planning with limited liability companies, domestic and offshore asset protection trusts

  • Planning for donor-advised philanthropic gift of substantial size

  • Pre- and post-divorce estate planning, including drafting and negotiating pre-nuptial and post-nuptial agreements

  • Advice on foreign grantor and non-grantor trust distributions to U.S. beneficiaries and acquisition of U.S. property

  • Crafted post-nuptial agreements to resolve estate-planning issues

  • Advice and documentation of same-sex prenuptial and donor insemination agreements

  • Prosecution of challenges to wills and trusts and successful settlement of the contest without protracted litigation

  • Advised clients on efficient administration of probates including voluntary administrations, informal as well as formal probates

  • Advised clients on integration of their beneficiary designations on retirement plans and IRAs with their estate plans

  • Advised clients on sophisticated insurance planning, including PPLI

  • Advised clients on protection of their cryptocurrency and other digital assets

    • Pro Bono

  • Counsel to a tax exempt organizations in a variety of fields, including the arts, philanthropy, and education

  • Assisted Massachusetts Commission on the Status of Grandparents Raising Grandchildren with formation of a separate 501(c)(3) organization for receipt of charitable donations to assist the work of the Commission

  • As a volunteer for contested guardianship cases sponsored by the Volunteer Lawyers Project, terminated a guardianship and recovered 2 children for an unmarried mother; representing a grandfather seeking visitation with his incapacitated young adult granddaughter, making law in Massachusetts with the favorable SJC decision of Guardianship of B.V.G., May 23, 2016.

Admissions

  • Massachusetts

Education

  • Harvard Law School, J.D., 1975
  • University of Chicago, Ph.D., 1970
  • University of Chicago, M.A., 1966
  • York University (Toronto), B.A., 1964

Experience

  • Duane Morris LLP
    - Partner, 2002-present
  • Schnader Harrison Segal Lewis LLP, Boston, Massachusetts
    - Partner, 2000-2002
  • Goldstein & Manello, P.C., Boston, Massachusetts
    - Stockholder and Director, 1984-2000
    - Partner, 1980-1984
    - Associate, 1976-1980
  • University of California, Los Angeles
    - Assistant Professor of International Relations, 1969-1972

Professional Activities

  • Lawyers Committee of Massachusetts Commission on the Status of Grandparents Raising Grandchildren
    - Legal Committee
    - Resource Development Committee

  • Society of Trust and Estates Practitioners (STEP)
  • Boston Bar Association
  • British American Business Council of New England
    - Co-Founder (1986); President (2005-6)

Honors and Awards

Civic and Charitable Activities

  • Senior Partners for Justice
  • Volunteer Lawyer Project
  • Estate Planning and Probate Administration Resource for Greater Boston Legal Services

Selected Publications

  • Author, "Contested Guardianships of Minors: Leveling the Playing Field," Massachusetts Lawyers Weekly, June 5, 2017
  • Author, "Accountants' Restrictive Covenants: Making Them Enforceable in Massachusetts," Massachusetts Society of CPA's, 1999
  • Author, "Post Pettingell: Resolving Dilemma of Duties to Clients vs. Duties to Partners," 84 Mass. I., Rev. 36, 1999
  • Co-Author, "Considerations in Buying and Selling a Business in Massachusetts," National Business Institute, Inc. 1984

Selected Speaking Engagements

  • "Updating: US Estate Planning for Mr. Wang," Presentation in Shanghai (with Chinese language slides), October 19, 2017
  • "US Estate Planning for Mr. Wang," presentation in Shanghai (with Chinese language slides), September 23, 2016.
  • "U.S. Estate Planning for Americans in Switzerland," presentation to the American Citizens Abroad, Zurich, Switzerland, September 17, 2014
  • Speaker, "Planned Giving of Digital Works of Art," Institute of Contemporary Art, April 10, 2014
  • "The Outlook in 2014 for Estate and Gift Taxes," presentation to the University of Chicago Business School Alumni of Boston, January 16, 2014
  • "U.S. Estate Planning for Americans in Switzerland," presentation to the American Citizens Abroad, Geneva, Switzerland, May 10, 2012
  • Speaker, "GRATs for Dummies," presented to Abrams Little-Gill Loberfeld, January 13, 2010
  • Speaker, "Three Cures for the Anemic Estate Plan," presentation to Alumni of Harvard Medical School, June 5, 2008
  • Speaker, "Planning Ideas for the New Business," Berkshire Estate Planning Council, Pittsfield, Massachusetts, October 30, 2007
  • Organizer of Panel and Speaker on "Managing the Costs of International Commercial Dispute Resolution" at XVI Economic Forum, Krynica, Poland, September 8, 2006