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Attorney Blog
Recent ADA Decision Likely to Spur Employee Lawsuits
Employers in the four easternmost New England states should be aware of recent case law that may radically impact their obligations under the Americans with Disabilities Act (“ADA”). Federal courts in those states are subject to the guidance of the U.S. Circuit Court of Appeals for the First Circuit, which recently issued a decision in an ADA...
SEC Adopts a New Definition of “Accredited Investor”
On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to the definition of “accredited investor.” The amendments permit investors to qualify as accredited investors based upon additional criteria focused on financial sophistication, in addition to the historic tests relating to their income or net worth. The...
DOL Solicits Public Comment on Independent Contractor Proposed Rule
On September 22, 2020, the U.S. Department of Labor (the “DOL”) released a proposed regulation addressing when a service provider should be classified as an independent contractor rather than an employee. The change is important to both employers and service providers as each may find it advantageous to characterize service providers as...
Cautionary Insight Regarding Bonuses and The Wage Act
Massachusetts and Rhode Island are among those states that have enacted a Wage Act, under which employees who receive less than their full compensation due can sue for treble damages. In fact, in Massachusetts, a Wage Act violation leads to mandatory treble damages. Add in that a violation also leads to an award of reasonable attorneys’ fees, and...
Irrevocable Trusts: Taking Care of Yourself and Your Retirement
Many people do not consider protecting assets for future long-term-care costs until they, or their spouse, requires skilled nursing care. Others are aware of the high price of such care (in some cases more than $10,000 a month) but believe that they have saved enough in retirement to defray the cost. In either case, it is a mistake to not...
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 inventory, as properties previously used for short term rentals are placed on the...
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 the successor Trustees and be appointed as sole Trustee. The Court held that the...
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 significant benefit of a CRT is that the grantor is entitled to an income tax...
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 necessary before an LLC can legally operate, in reality, no LLC should be without an...
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 the well-established principle that generic terms are not subject to trade mark...
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