Many real estate purchase and sale agreements contain a specific deadline by which the parties must perform and a clause stating that “time is of the essence.” This clause makes the deadline a condition subsequent, and if the deadline is not met or waived, then the parties’ obligations to each other are extinguished. Although “time […]
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To combat fraud by companies seeking to profit off government contracts and reimbursement programs, Congress and Massachusetts lawmakers enacted what are known as “False Claim” acts. The Federal False Claims Act (FCA) and the Massachusetts False Claims Act (MFCA) have similar purposes and are similarly designed, but they have distinct characteristics that set them apart. […]
On October 31, 2023, a federal civil jury found that the National Association of Realtors (NAR) has conspired to inflate commissions paid to homebuyers’ real estate agents. It determined that the NAR and its co-defendants (some of the largest real estate companies in the country) owed almost $1.8 billion in damages to the plaintiffs (a […]
For nearly two decades, the First Circuit has recognized that there can typically be no failure to hire an individual without allegations that the individual applied for the job at issue. While noting that there may be certain facts that render an application unfeasible, this has been a rare finding. The United States District Court […]
Until recently, Massachusetts federal courts had not determined whether a debt collector violates the Fair Debt Collection Practices Act (“FDCPA”) by failing to state whether interest is accruing (or not accruing) when offering to settle a consumer debt. In a recent ruling, a Magistrate Judge for the United States District Court for the District of […]
On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. […]
The United States District Court for the District of Massachusetts recently issued a favorable decision for remote employees seeking to invoke the protections of the Massachusetts Wage Act. The Wage Act is a generous statute for employees that provides for treble damages as liquidated damages for any lost wages, as well as attorney’s fees, costs, […]
A choice of law provision allows parties to agree that the law of a particular state will apply to the interpretation of a contract and any conflict arising therefrom. Choice of law provisions are particularly important when the parties are from different states and there are significant differences between the laws of the differing states. […]
In today’s hard economic environment, it is often hard for borrowers to obtain conventional loans from a lender. As a result, it is often necessary for borrowers to turn to less conventional lenders, sometimes referred to as hard-money lenders. The non-traditional lenders often times charge interest rates much higher than that of a traditional lender […]
