Orr & Reno, Professional Association :: Todd C. Fahey

Attorney

Practice Focus

Business, Real Estate, Educational, Religious & Non-Profit Organizations, Construction, Commercial, and Probate Litigation

Experience

Todd is a business and real estate lawyer with extensive experience representing non-profit organizations. Todd serves as general legal counsel to many entrepreneurs, businesses, real estate investors, and is also counsel to various New Hampshire charitable trusts, non-profit organizations, trade organizations, and several of New Hampshire's largest private foundations. During his years of practice, Todd has litigated many civil cases involving contract matters, land use and leasing issues and construction disputes, and uses this experience to advise his clients to avoid conflicts with an understanding of the limitations of the legal process with a regard for business issues.

Todd's experience includes:

Successfully transforming a century old New Hampshire health care charitable trust into one of New Hampshire's largest private grant making charitable foundations.
Serving as a court appointed receiver and special trustee in complex matters involving charitable organizations and charitable trusts and, once installed in these roles, successfully continuing or winding up the affairs of such organizations in a manner that benefited the organizations and, in some instances, the surrounding communities.
Representing clients in the sale and acquisition of multi-million dollar real estate and businesses in New Hampshire and beyond its borders.
Representing clients seeking to form and qualify various organizations as tax exempt under 501(c)(3), 501(c)(4) and 501(c)(6) of the tax code.
Representing a group of interested parties who came together to form a tax exempt organization to acquire and operate a 90 year old Pre-K through 8 Catholic School.
Successfully resolved construction related payment and performance disputes on residential and large commercial projects through litigation, mediation and arbitration and selective use of mechanic's liens.
Successfully representing commercial and residential property owners in hundreds of landlord and tenant matters, ADA matters, and fair housing matters in New Hampshire courts and regulatory agencies.
Co-Trustee of the Madelaine G. von Weber Trust, one of New Hampshire's large private charitable foundations.
Trustee of the Simpson Ashcroft Trust, a private foundation that awards scholarships to students studying nursing and medicine.

On occasion, Todd brings this experience to the firm's domestic relations practice. Todd has over sixteen years of experience in handling domestic relations cases throughout the State of New Hampshire. His extensive experience in trusts, real estate and business matters compliments his ability to analyze, negotiate, mediate, and, if necessary, litigate domestic matters. With a strong appreciation of the emotional costs of litigation, Todd strives to achieve creative solutions that recognize the human, emotional and financial components to divorce. He recognizes the fragility of relationships in domestic relations matters and, with years of trial experience, has a sound appreciation for judicial outcomes and the costs of achieving them.

Practice Areas

Professional Activities

Served, in 2003, with members of the bar, judiciary and banking community to study, draft and promote the adoption of the Uniform Trust Code in New Hampshire.
Past instructor, Southern New Hampshire University

Community Involvement

Town of Bow, Zoning Board of Adjustment, 2001-2009
Former member, Board of Directors, HNH Foundation, Inc.
Former member, Board of Directors, Woodside School, Inc.
Leadership Greater Concord Class of 2000
Former Trustee, Concord Conservation Trust
Bow Soccer Club, Soccer Coach
Secretary and Board Member, Concord Family YMCA Board of Directors
Co-chair of the Rumford Society of the Granite United Way

Bar Admissions

Todd is admitted to practice in the state courts of New Hampshire and Maine, and the Federal District Court in New Hampshire and Maine.

Education

Columbia College, Columbia University, A.B. English, 1989; University of Maine School of Law, J.D., 1993; Territorial Sea Journal, Articles Editor; Vice President, Maine Association for Public Interest Law

Publications

Author, MANAGING MERGERS & DISSOLUTIONS Options for Faltering Nonprofits– A Practical Mission-Based ApproachNew Hampshire Bar Journal, Fall 2009.

Author, Transforming a Non-Profit Health Care Entity: New Hampshire's Cy Pres Doctrine and RSA 7:19-b, New Hampshire Bar Journal, March 2003.