Mark J. Malaspina

Partner

Waterbury
mmalaspina@carmodylaw.com

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203.575.2625

Legal Services

Education

Yale Law School, J.D., 1982
Fairfield University, B.A., 1979 ~ summa cum laude

Admissions

Bar Admissions

Connecticut
Massachusetts

Court Admissions

U.S. District Court, District of Connecticut

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Home » Our Team » Mark J. Malaspina

Mark has performed a wide variety of legal services for clients in business, industry and government. Mark is a Fellow of the Construction Lawyers Society of America (CLSA), one of ten Connecticut lawyers with a CLSA Fellowship. CLSA Fellowships are offered by invitation only. Fellows are selected based upon excellence and accomplishment in construction law and closely related specialties, as well as superior ethical reputation.

Mark is called upon often by other lawyers in business and government to render advice to them concerning unique or complicated legal matters. In addition to construction matters, recent representative experience includes corporate and commercial matters, mergers and acquisitions, commercial real estate acquisitions, commercial real estate development and finance, municipal development projects, electric power generation projects including green energy projects, electric transmission projects, wastewater treatment projects, water system projects and brownfield redevelopment projects.

Mark has provided legal services to numerous state and local governmental and quasi-governmental agencies. These services have included construction matters, constituent documentation and governance matters for boards and commissions, legislation, rules and regulations, contracts (including intergovernmental agreements), purchase and sale of real estate and other assets, elections and campaign finance laws, economic development, workforce training and Freedom of Information laws. Mark has served as counsel to gubernatorial and presidential candidates.

Additionally, Mark has provided legal services to a large U.S. utility for more than three decades, spanning a wide spectrum of matters related to public utilities, independent energy, real estate, governmental relations, infrastructure, construction, and commercial and business activities in general. Mark has served as lead outside counsel for project development, financing, contracting and construction matters for this utility. Mark represented the unregulated subsidiary of this utility in electric power project development and acquisition throughout the world. Mark also represents other businesses in matters involving business structuring and governance, finance, commercial and construction contracts, real estate, and day-to-day operating issues.

Mark served as Managing Partner of Carmody & Torrance from 2000 through 2005.

Affiliations

Fellow, Construction Lawyers Society of America
American Bar Association
Connecticut Bar Association
Waterbury Bar Association (Director and Treasurer, 1987-1990)

Distinctions

Fellow of the Construction Lawyers Society of America
AV Rating, Martindale-Hubbell®
New England Super Lawyers® – Utilities, 2008 and 2009
Connecticut Super Lawyers® – Utilities, 2006-2008, 2011

Community

Founding Director, Palace Theater, Waterbury, Connecticut, 2003-2006
Director and Officer, Good News Fund, 1994-2002
Director and Officer, Executive Chambers Conservancy, 1995-2005
Trustee, St. Vincent Ferrer Roman Catholic Church, 1987-1990

Experience

Served as lead counsel in the development and acquisition of electric power facilities on six continents.
Served as lead counsel to a major U.S. utility in connection with engineering, procurement and construction for electric power generation and transmission projects, including underground and undersea cables.
Negotiated and drafted power purchase agreements for cogeneration and independent power facilities in Connecticut and Massachusetts.
Negotiated and drafted the first Connecticut mortgage securing electricity purchase agreement obligations.
Negotiated a landmark settlement between a large municipality and outlying towns concerning operation of the municipality’s water system.
Drafted legislation that resulted in formation of a state quasi-public agency.
Resolved disputes involving the modification of voting districts resulting from the U.S. census.
Represented a large municipality in the upgrade of its wastewater facilities.
Represented former State Governor before State Elections Enforcement Commission.
Counsel to non-profit arts organization in acquisition of former state university campus.
Counsel to mutual fund company in public utilities regulatory proceeding.
Closed first combined fuel cell/energy recovery generator project in Connecticut.
Closed one of the first combined solar/battery projects in Connecticut.

Remote Member Meetings for Connecticut Nonstock Corporations During the COVID-19 Emergency

May 15, 2020

On Wednesday, May 13th, Governor Ned Lamont issued Executive Order NN temporarily permitting Connecticut nonstock corporations to conduct member meetings, including annual meetings, remotely. This Executive Order allows Connecticut nonstock corporations to hold member meetings and conduct corporate business without in-person gatherings during the COVID-19 emergency. Executive Order NN creates
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Loans and Tax Incentives for Businesses Under the CARES Act

April 04, 2020

On March 27th, 2020, Congress enacted the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”) to provide relief to struggling businesses through the newly expanded SBA Section 7(a) Paycheck Protection Program, the amended SBA Economic Injury Disaster Loan program, SBA Emergency Grants, and Mid-Size Business direct loans. 7(a) Loans—Paycheck
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New Laws Help Establish Land Banks

July 09, 2019

Vacant buildings and blighted neighborhoods challenge redevelopment in Connecticut cities. Two statutes awaiting Governor Ned Lamont’s signature provide a time-tested avenue for redeveloping these urban areas. The new laws enable municipalities to form nonstock corporations, referred to as “land banks”, to take title to, rehabilitate and convey abandoned and blighted
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