Bullying: It’s Not Just a Schoolyard Problem
Over the past couple of years, bullying in schools has received significant (and well deserved) attention; however, bullying is not limited solely to the schoolyard. Bullying in the workplace has increased steadily over the past decade, and researchers, legislatures and companies are taking note. So what is workplace bullying? According to Professor...
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The Schoolyard Lawyer: My Child is Not Eligible for Special Education Services But Needs Accommodations
If your child has been found not eligible for Special Education services under the IDEA, he or she may still be eligible under Section 504 of the Rehabilitation Act of 1973. If eligible, accommodations are provided to students under Section 504.
Accommodations do not have to be major services provided by the...
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Liability of Landlords to Tenants/Visitors in Commercial Property
In March, 2011, the Massachusetts Supreme Judicial Court, in the case of Bishop v. Tes Realty Trust, entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors. In this case the plaintiff tenant operated a...
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Choosing the Legal Form of a Service or Professional Business — an Urban Legend
There are good reasons to organize a professional practice or other service business as a limited liability company (LLC) or a limited liability partnership (LLP), and there may also be good reasons not to. But, the matter is complicated and sometimes what is thought to be a good reason turns out to be...
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Liability of Commercial Property Landlords to Tenants
In March of 2011, the Massachusetts Supreme Judicial Court entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors.
The court held that under a relevant Massachusetts statute, once a landlord receives...
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Liability of Landlords to Tenants/Visitors in Commercial Property
In March, 2011, the Massachusetts Supreme Judicial Court, in the case of Bishop v. Tes Realty Trust, entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors. In this case the plaintiff tenant operated a tanning...
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Drug Related School Expulsions: A Parent’s Guide to the Discipline Process
If your child is charged with possession of drugs on school premises or at a school sponsored event, preparation for the events that will follow is essential in protecting your child’s education. State law specifically provides that a student may be expelled from school if he is found in possession of drugs...
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Failure to Meet Timing Deadlines in the Administration of Title IV Funds
In a recent matter, an SFAP assessment of liability was upheld by a Department of Education Administrative Judge pertaining to a proprietary school of higher education, which required the School to reimburse $71,742 to the Department of Education.
The school allegedly failed to provide to the Department the necessary...
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The Consequences of a Failure to Meet Timing Deadlines in the Administration of Title IV Funds
In a recent matter, an SFAP assessment of liability was upheld by a Department of Education Administrative Judge pertaining to a proprietary school of higher education, which required the School to reimburse $71,742 to the Department of Education.
On July 27, 2009, the proprietary school was issued a Final...
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Foreign Account Reporting Redux
The US Treasury requires certain individuals and entities to report the existence of certain foreign financial accounts and entities (the “foreign reporting rules”). Since the foreign reporting rules became an area of focus for Treasury, there has been uncertainty regarding specifically who is obligated to file. Given that the penalties for non-compliance...
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The Schoolyard Lawyer: Parents’ Right to Recover Expert Witness Fees
Although parents who prevail at a Special Education hearing in front of the Massachusetts Bureau of Special Education Appeals (BSEA) may be able to recover all or a portion of their attorneys’ fees, they are unable to recover fees for expert witnesses. This has placed families at an even greater disadvantage than...
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The Schoolyard Lawyer: Summary of the MA Anti-Bullying Law
The law defines bullying as unwelcome and repeated “written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that (1) causes physical or emotional harm to the victim or damage to the victim’s property, (2) places the victim in reasonable fear of harm...
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