In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]
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Imagine you are a parent paying tuition totaling almost $50,000 a year to send your child to a to a well-regarded, pricey liberal arts college in southern Massachusetts. In the spring of 2020 COVID-19 hits, and the college closes its campus to students and transitions to “virtual learning” for the foreseeable future. As a result, […]
Federal and Massachusetts laws guarantee that no person shall be denied the right to work based on characteristics such as race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability/handicap, criminal record and genetic information (including family medical history). In order to comply with the law, employers […]
Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
Given the effects of Covid-19, the commercial real estate market has been interesting for commercial landlords and tenants alike. Landlords and tenants are both trying to evaluate the immediate and long-term future of their leased premises. Many landlords and tenants are taking advantage of the current market in an effort to better their long-term positions […]
The Computer Fraud and Abuse Act (CFAA) was enacted by Congress in 1986 as a response to the emergence of computer crimes. Oftentimes in the employment situation when an employee leaves there is a claim that the employee took computerized materials with them and violated the CFAA. The United States Supreme Court recently narrowed the […]
A Superior Court judge has ruled that an individual injured in an automobile accident can bring a claim for negligent entrustment against a mother whose disabled adult son allegedly caused the crash. The mother and her son, who suffered from Attention Deficit Hyperactivity Disorder (ADHD) and Autism Spectrum Disorder (ASD)—for which he took medication, were […]
The COVID pandemic has affected all aspects of our lives. Our workplaces, schools, religious institutions, social venues and restaurants have adapted to meet social distancing requirements in efforts to limit the possibility of the spread of the virus. Courts have been particularly affected because shutdowns, remote staff, and in-person limitations have slowed the administrative work […]
The departure of key employees can be quite damaging to a business’ bottom line. It is not surprising that businesses go to great lengths and spend significant sums of money to keep those employees. Sometimes, those lengths take the form of additional pay and benefits to the key employee. In other instances, the measures take […]
Every employer is well advised to have a written employee handbook consisting of a written compilation of rules, standards and policies governing the management of the employer’s human resources. Employers should carefully consider their business, legal, employee relations and general objectives for creating an employee handbook, and then treat it as a living document, conducting […]
