Massachusetts Supreme Court Strikes Down Anti-Litigation Provisions in Condominium By-Laws

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by George Georgountzos

A common provision in condominium documents for new construction projects is language protecting the developer from potential lawsuits for defects in common areas and facilities. This limits individual lawsuits by single or minority disgruntled unit owners, but such protections are not limitless. A recent Supreme Judicial Court (SJC) decision, Cambridge Point Condominium Trust v. Cambridge Point, LLC, 478 Mass. 697 (2018), invalidated such a provision that made it virtually impossible for a condominium association to bring suit against the condominium developer.

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Massachusetts’ New Noncompete Law: What Employers Need to Know and Do Before October 1

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by Nicholas J. Schneider

On October 1, 2018, Massachusetts’ new noncompete law (G.L. ch. 149, § 24L) goes into effect. While the new law largely codifies existing common law, it also alters the legal landscape in significant ways that will pose traps for unwary and overprotective employers. Particularly, although the law offers enforceability incentives for narrowly drafted noncompetes, it also makes enforcement more expensive. The statute’s requirements are replete with ambiguous and undefined language that will cost employers time and money as they wait to see how Massachusetts courts interpret and apply the new law’s guiding principles.

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Social Media and the Law

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by Amy B. Welch

Social media is ubiquitous and constantly evolving. My Space, Live Journal and Napster have been replaced by Facebook, Instagram and Twitter. It is important to be aware of your digital footprint and what information can be subjected to discovery in Massachusetts.

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New Massachusetts Employee Leave Laws on the Horizon

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by Adam Shafran

On June 28, as part of a comprehensive new employee wage and benefits initiative, Massachusetts adopted an expansive paid family and medical leave law that substantially expands the job protection rights of nearly all workers throughout Massachusetts. While the details are still coming out, the following are the basic points of this new law:

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Managing Partner Jim Rudolph Selected as a Fellow of the Construction Lawyers Society of America

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Jim Rudolph has been selected as a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only international honorary association composed of preeminent lawyers specializing in construction law and related fields. Fellowship is limited and selective, with lawyers being invited into Fellowship upon a proven record of excellence and accomplishment in construction law at both the trial and appellate levels.