Consumer rights advocates are praising a government move to crack down on so-called "predatory lenders" that charge triple-digit interest rates for "payday" loans. Providers of payday loans target individuals who cannot qualify for a traditional loan. It has been...
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Billions Spent Illegally on ACA Benefits
The Affordable Care Act ("ACA") created both tax credits to make health insurance premiums more affordable and cost-sharing reductions intended to reduce deductibles, coinsurance, and co-pays. According to the ACA, insurers are required to reduce the cost-sharing of...
The Legal Battle for Cell Phone Privacy Wages On
In order to aid Federal law enforcement officers with an investigation into the 2015 San Bernardino terrorist attack, a judge has ordered Apple Inc. to develop new technology to defeat security measures present in iPhone operating systems. Apple, however, has...
HIPAA Business Associate Agreements: A Primer
If you work in the health care field, in any capacity, you have surely heard of the Health Insurance Portability and Accountability Act, or "HIPAA;" and if you or your business create, use, disclose or accept protected health information ("PHI"), you are likely a...
In Real Estate, Proceed with Caution and a Surefire Contract
While the real estate market is experiencing significant upheaval at the moment with decreased inventory and more tentative buyers, we believe there will be a reasonably quick return to status quo in the real estate market. Potentially, there will be an increase in...
Trust Beneficiary Forfeits Beneficial Interest After Violating No-Contest Clause
In July, the Massachusetts Appeal Court in Capobianco v. Dischino Capobianco v. Dischino, 19-P-197 (Mass. App. Ct. Jul. 9, 2020) ruled that a beneficiary forfeited his beneficial interest in a Trust established by his parents when he filed an action seeking to remove...
Terminating Your Interest in a Charitable Trust
A charitable remainder trust (“CRT”) is typically established as an irrevocable trust with an income stream reserved for the person who creates the trust (“the grantor”). When the income stream terminates, the remaining interest in the trust is donated to a charity. A...
Why LLC Operating Agreements Protect You and Your Business
Forming a limited liability company, or “LLC,” does not require an attorney. Articles of organization are filed with the Secretary of State and the LLC is then created; no attorney necessary. However, while registration with the Secretary of State is all that is...
U.S. Supreme Court Opens the Door to “Generic-dot-Com” Trademarks
Booking.com, an on-line travel agency that books hotel reservations and provides other services to customers, filed an application with the U.S. Patent and Trademark Office (the “USPTO”) to register the trademark “Booking.com.” The application was rejected based on...