New Federal Rule Banning Noncompetes; Exception for Sale of a Business

On April 23, 2024 the Federal Trade Commission issued a final rule banning certain noncompetition agreements in the United States. Many clients have been asking how this new rule impacts noncompetition agreements entered into in connection with the sale of a business. Answer: Under § 910.3 (a) of the rule, the FTC...
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Plagiarism – What Is It?

All colleges and universities have codes of conduct that include some variation of an academic honor or integrity code. These policies codify the school’s definition of cheating and plagiarism – two areas where students can often find themselves in trouble. Plagiarism, especially, seems to cause confusion with students. We...
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PFML PART 2-Caring for a Family Member with a Serious Health Condition

Most benefits offered under Massachusetts’ Paid Family Medical Leave (“PFML”) went into effect January 1, 2021. Beginning July 1, eligible employees may now apply for benefits (including up to 12 weeks of leave) to care for a family member with a serious health condition. For the purpose of PFML’s leave to care...
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You Received a Certified Letter and the Return Addressee Is the Board of Registration in Medicine: 10 Do’s and Don’ts to Protect Your Professional License

A certified letter arrives with a dreaded return address: “Board of Registration in Medicine, Wakefield, MA.” Now what? 1. Do not respond hastily. Resist the temptation to answer it yourself immediately, in the hopes that a quick response from you...
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Massachusetts Appeals Court Clarifies Condominium Unit Owners’ Rights to Protest Condominium Fines and Late Fees

A recent 2021 decision rendered by the Appeals Court in Trustees of 10 Porter Street Condo Trust v. Cerda has clarified the rights of unit owners to protest the payment of fines and late fees associated with the payment of monthly condo fees. In the 1994 case of Blood v. Edgar’s Inc.,...
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Think Your Homestead Gives You Absolute Protection…Well, Think Again

A homestead declaration is a valuable tool, and we recommend it. It is simple and inexpensive and gives qualified homeowners a valuable shield against creditors’ demands. But there are limits to the protection that shield offers, as described in the recent decision of the Appeals Court in Hartog, Baer & Hand, A.P.C. v....
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Getting to “Normal” – COVID-19 Vaccinations: Vol. 1 Historical Vaccination Mandates

There is a lot of excitement about the release of various vaccines for the novel coronavirus and getting back to “normal.” However, there has been less discussion about what will happen on the road to “normal” – including implementation of the vaccines and whether there is significant appetite for taking the vaccine....
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Everything You Need to Know About Massachusetts’ New Paid Family Medical Leave Act

Beginning January 1, 2021, Massachusetts employees are eligible for a new state-offered benefit granting up to 26 weeks of job protected leave for medical and family reasons. Paid Family Medical Leave (PFML) is a benefit separate from the federal government’s Family Medical Leave Act (FMLA) and any benefits offered by an employer....
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Student Rights in the COVID Era: Special Education and College Safety Contracts

COVID-19 has upended life as we know it, but this fall, the focus of many will be on the education system – both public and private, secondary and higher education. Now that schools and colleges have reopened, and after a summer where secondary and college administrators and teachers were faced with incredibly...
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A Novel Defense Strategy Reverses a Summary Suspension in 28 Days

Andrew Hyams won a reversal of a summary suspension at the Board of Registration in Medicine in 28 days, utilizing a legal procedure not included in the Board’s summary suspension regulation. In the past, it has taken doctors months and years to reverse summary suspensions. Mr. Hyams co-counseled the case with Kenneth...
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