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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New Massachusetts Homestead Law is Now in Effect
Homesteads are an affordable way for many of our clients to obtain significant protection from certain creditors. On December 16, 2010, the governor of Massachusetts signed into law the most extensive changes to our homestead law in more than a generation. The effective date of the new law was March 16, 2011.
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The Schoolyard Lawyer: An Introduction to the Massachusetts Law on Bullying
In light of recent incidents involving bullying in schools in Massachusetts and all over the country, Governor D Patrick signed an anti-bullying bill into law on May 3, 2010 making Massachusetts the 42nd state to pass such a law. Both the Senate and the House of Representatives unanimously passed the bill, and it...
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The Board of Medicine’s Hospital Resignation ‘Mouse Trap’
Any physician contemplating resignation from a position at a health care facility needs to be aware of a Massachusetts Board of Registration in Medicine “mouse trap” that can place him or her in professional peril.
2011 Offshore Voluntary Disclosure Initiative – There’s a New (FBAR) Game in Town
CAUTION: This Update is only a superficial summary and may not be relied upon for guidance as to any particular, real life situation. We have included links to information on the IRS web site about the 2011 IRS “Voluntary Disclosure” program discussed in this Update. Nevertheless, we think it is imperative to seek...
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Newly Enacted Federal Tax (and Unemployment) Statue
Dear clients and friends:
I wanted to provide you with a brief review of the recently-enacted federal tax law – the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”. Whether this law is aptly-named is yet to be seen! I’ve not tried here to review all the...
Newly Enacted Federal Tax (and Unemployment) Statue Continue reading…
I wanted to provide you with a brief review of the recently-enacted federal tax law – the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”. Whether this law is aptly-named is yet to be seen! I’ve not tried here to review all the...