Tad Heuer

Partner - Boston

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Contact Information

617.832.1187

617.832.7000

theuer@foleyhoag.com Download vCard

Tad Heuer’s administrative law practice focuses on advising both private and public sector clients in two main areas: the development of government strategies at the federal, state, and local levels, and on matters pertaining to real estate, permitting, and land use development.

In the field of government strategies, Tad provides advice and guidance to a diverse array of clients - including life sciences companies, educational institutions and companies, and health care providers - on a wide range of federal, state, and local legislative and regulatory matters.

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Education:

  • Yale Law School, J.D., 2006
  • London School of Economics, Ph.D. in Social Policy & Administration, 2003
  • Brown University, M.A., 1999
  • Brown University, A.B., magna cum laude, 1999

Representative Experience

 Energy

  • Won a unanimous decision from the Massachusetts Supreme Judicial Court overturning a Department of Public Utilities order that would have allowed electric utility companies to impose an estimated $3 billion in additional charges on their customers over twenty years in order to fund speculation in gas pipeline capacity. ENGIE Gas & LNG LLC v. Department of Public Utilities, 475 Mass. 191 (2016).
  • Secured a favorable decision from the Department of Public Utilities, after a full adjudicatory hearing, in a challenge to the single-customer tariff and rates that an electric utility sought to impose upon a major Massachusetts quasi-public agency.
  • Advised electric generators ranging from 10MW to 1,000+MW in negotiating favorable PILOT taxation agreements with Massachusetts municipalities.
  • Negotiated a favorable settlement on behalf of a leading international competitive energy supplier after a civil investigation by the Massachusetts Attorney General.

Public Law and Investigations

  • Won a unanimous decision from the Massachusetts Supreme Judicial Court overturning certification of a ballot question that proposed repealing the Common Core education standards in Massachusetts. Gray v. Attorney General, 474 Mass. 638 (2016).
  • Successfully defended the nation’s leading transportation network company in a civil investigation by the state Division of Weights and Measures of whether its ridesharing model violated Massachusetts law. Won dismissal in Superior Court of a third-party appeal challenging the Division’s determination of no violation.
  • Negotiated favorable resolutions to administrative investigations initiated by the Massachusetts Office of Campaign and Political Finance, on behalf of a high-profile non-profit issue advocacy group.
  • Negotiated favorable resolutions on behalf of multiple independent pharmacies whose prescribing and marketing practices had been targeted for civil investigation by the Massachusetts Attorney General.
  • Advises numerous clients ranging from Fortune 500 companies to non-profit organizations on compliance with federal and Massachusetts campaign finance laws, ethics laws, and lobbying laws.

Real Estate Development and Infrastructure

  • Represent numerous clients -- including a major national retailer, a professional New England sports franchise, and one of the largest cities in Massachusetts — in negotiation and litigation pertaining to eminent domain takings.
  • Provide strategic analysis and zoning and permitting advice to major retail and office developers involving multi-million dollar asset acquisitions and development projects in major cities throughout Massachusetts.
  • Obtained judgment of dismissal in the Superior Court after a seven-day bench trial, on behalf of a wind turbine developer whose scientific acoustic study and building permit were challenged by neighborhood opponents.
  • Won multiple favorable decisions from both the Massachusetts Appeals Court and the Superior Court on behalf of an energy-from-waste facility whose environmental and operating permits were challenged by a competitor.
  • Represented a non-profit community group in obtaining the zoning relief necessary to redevelop a 12,000 square foot industrial structure into a new community teen center.

Life Sciences & Healthcare

  • Provided strategic advice to several Fortune 500 life sciences companies regarding implementation of the federal Affordable Care Act and the Massachusetts health reform acts, including compliance with “sunshine” laws governing public disclosures of gifts to physicians.
  • Assisted a consortium of medical device imaging societies in obtaining expanded Medicare coverage for the use of PET imaging in cancer diagnosis and treatment.
  • Advised a major life sciences company in its efforts to encourage state legislatures to adopt statutes expanding CDC-endorsed routine HIV testing.
  • Assisted a coalition of medical device companies in achieving optimal Medicare payment arrangements for their genetic testing products.

Professional Experience

  • Law Clerk, Hon. Margaret H. Marshall, Chief Justice, Massachusetts Supreme Judicial Court, 2006-2007
  • Guest Lecturer, Administrative Law, Northeastern University
  • Guest Lecturer, Education Law, Yale Law School
  • Teaching Assistant, Introduction to Public Policy, Brown University
  • Teaching Assistant, Urbanism & Change in the American City, Yale University
  • Teaching Assistant, Terrorism: Past, Present, & Future, Yale University

Honors

  • British Marshall Scholar, 1999
  • Harry S. Truman Scholar, 1998
  • Yale Law School, YALE LAW JOURNAL, Notes Editor
  • Yale Law School, YALE LAW & POLICY REVIEW, Executive Editor

Involvement

  • Board of Editors, Boston Bar Journal (2017-) 
  • City of Cambridge Board of Zoning Appeal, Associate Member (2008-2012)
  • Town of Wellesley, Elected Town Meeting Member (2012-)
  • Town of Wellesley Historical Commission (2013-2016)
  • Town of Wellesley Community Preservation Committee (2013-2016)
  • Commonwealth Shakespeare Company, Board Member (2016-)
  • British Marshall Scholarship, Boston Selection Panel (2013-)
  • Harry S. Truman Scholarship, Boston Selection Panel (2007-2016)
  • MassBio, Law & Policy Committee Co-Chair (2008-2013)
  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • Real Estate Bar Association, Member
  • National Association of College and University Attorneys, Member
  • Presenter, “Understanding the Property Tax Exemption for Massachusetts Charities,” Boston Bar Association, Tax-Exempt Organizations Section, October 2016
  • Panelist, "Bringing or Defending Chapter 30A Appeals of Administrative Agency Decisions," Boston Bar Association, Massachusetts Practice Section, April 2014
  • Speaker, "Health Care Reform (ACA) - The Supreme Court and Beyond," AOPA Policy Forum, April 2012
  • Panelist, "Health Reform’s Biggest Test: The Supreme Court Hearings on the Affordable Care Act," NEHI On Call Series, March 2012
  • Speaker, "LAW & POLICY: Massachusetts' New Lobbying Laws: A Primer," MassBio, March 2010
  • Speaker, "Health Reform Outlook for the 111th Congress," Boston Bar Association, Health Law Section, November 2008
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit