Without a doubt, this Fall will be a decisive period for the United States as it relates to national cannabis policy. Voters in five states, Massachusetts among them, will have the opportunity to dictate whether cannabis will be legalized for recreational use, joining...
PLDO Law Blog
Month: September 2016
RI Supreme Court Provides Long Awaited Guidance on Trust Attorneys’ Duty to Beneficiaries
In December of 2015, the Rhode Island Supreme Court provided guidance on the duties an attorney advising a trustee owes to the trust's beneficiaries. Audette v. Poulin, 127 A.3d 908 (R.I. 2015). Audette, the beneficiary of a trust, brought claims of negligence and...
Florida Court Rules Invalidated Will Does Not Revoke Prior Will
A Florida Court has recently applied the doctrine of dependent relative revocation to uphold a prior will where the later will was procured by undue influence. In re Estate of Murphy, 184 So. 3d 1221 (Fla. App. 2d Dist. Jan. 20, 2016). The testatrix, Virginia Murphy,...
WHY BUSINESS SUCCESSION PLANNING SHOULD BE A PRIORITY IN 2025
Succession planning is a vital yet often neglected component of a comprehensive business strategy. Whether it is a start-up or a ten-year-old business, developing a succession plan is a critical step in ensuring the continuity and long-term stability of any business....
CYBERSECURITY IN 2025 – A SHIFTING LANDSCAPE
The biggest cybersecurity risk that businesses faced years ago was losing access to their data due to a ransomware attack where a hacker would lock up a company’s files and only release them back if a ransom was paid. Wisely, many businesses responded to these threats...
REAL ESTATE TITLE DISPUTES: THE PROCESS OF RECORDING “LIS PENDENS” IN RHODE ISLAND AND MASSACHUSETTS
If you or your business ends up in a dispute over real estate, it is likely that you will encounter a lis pendens. Lis pendens is Latin for “suit pending,” and it means just that, it is a statutorily governed legal tool that is often used to give notice on a...
HIGH STAKES: DRAFTING AND INTERPRETING PAYMENT REJECTIONS UNDER MASSACHUSETTS’ PROMPT PAY ACT
Under the Massachusetts Prompt Pay Act, which governs construction contracts, unless an owner meets the Act's "time and substance" requirements for rejecting a payment application from a contractor (ditto for subcontractors' applications to contractors), that...
RHODE ISLAND SUPREME COURT RULES THAT A PROPERTY’S FORECLOSURE WAS VALID DESPITE PLAINTIFF’S CLAIMS THAT MORTGAGE DOCUMENTS WERE “AMBIGUOUS”
BackgroundA recent case arose out of foreclosure proceedings that were instituted by Wells Fargo Bank (“Wells Fargo” or “defendant”) with respect to property located at 18 High Street in Bristol, Rhode Island. The property’s owner (“plaintiff”) secured the mortgage by...
