Diversity, equity, and inclusion is an integral part of today’s work environment. Many clients have inquired into whether an employee in a particular protected class could discriminate against another employee in that same protected class. The answer to that...
PLDO Law Blog
Estate & Trust Law
CREATING LEGAL DOCUMENTS: ARE YOU USING THE “RIGHT TOOL” FOR THE JOB?
When it comes to crafting your legal documents, such as Wills, LLC formations, etc., there are endless options. Should you utilize an online tool, such as Legal Zoom, or seek a legal professional to produce your legal documents? In this article, PLDO Trust &...
MEDICAID PLANNING AND THE CAREGIVER CHILD EXCEPTION
In this day and age, there is no denying that prices for most things are skyrocketing and skilled care for an aging parent is no exception. If an aging parent’s health has declined significantly enough, the parent could face the prospect of admission to a nursing home...
DOES AN AGENT UNDER A POWER OF ATTORNEY HAVE THE AUTHORITY TO CREATE A TRUST IN MASSACHUSETTS?
A Power of Attorney (“POA”) is an important estate planning tool and legally binding document that gives another person, chosen by you, the power to act as an agent on your behalf. Within the last year, the Massachusetts Supreme Court issued a decision effecting the...
HOW CHANGES TO RHODE ISLAND’S DECEPTIVE TRADE PRACTICES LAW MAY IMPACT YOUR BUSINESS
In August of 2021, Governor McKee signed into law a significant change to Rhode Island’s Deceptive Trade Practices law. Prior to August 2021, the state’s Deceptive Trade Practices law was held to be inapplicable to “all those activities and businesses which are...
GOVERNOR MCKEE MAKES LONG-AWAITED ANNOUNCEMENT OF RHODE ISLAND CANNABIS CONTROL COMMISSION NOMINATIONS
After much anticipation, Rhode Island Governor Daniel McKee made a move critical to advancing the state’s cannabis legalization efforts by naming his appointments to the new Cannabis Control Commission (“CCC”). The announcement of Kimberly Ahern, the Governor’s...
FIRST CIRCUIT EXPLAINS FLSA OVERTIME REQUIREMENTS FOR ADMINISTRATIVE EMPLOYEES
It is well settled that the Fair Labor Standards Act (“FLSA”) requires employers to pay certain employees overtime pay at one and one-half times the employees’ regular rate. 29 U.S.C.S. §207(a). However, certain employees are exempt from this overtime requirement,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...