Enforcing Mandatory Arbitration Clauses: The Innovators’ Counsel

Posted on January 20, 2016

Time and again we get calls from small business owners describing a scenario where a) they entered into a valid and binding contract with another entity or person that contained a mandatory arbitration clause, b) an issue under the contract has arisen that arguably triggers the arbitration provision for purposes of dispute...

Massachusetts Department of Revenue Releases Working Draft AP XXX: Voluntary Disclosure Program for the Settlement of Uncertain Tax Issues

Posted on January 20, 2016

On January 19, 2016, the Massachusetts Department of Revenue (DOR) released a working draft of an administrative procedure (AP) entitled AP XXX: Voluntary Disclosure Program for the Settlement of Uncertain Tax Issues (hereafter “working draft”). The working draft is available here: http://www.mass.gov/dor/businesses/help-and-resources/legal-library/administrative-procedures/working-draft-ap-xxx.html. At this point, the proposed voluntary disclosure...

Top Ten Reasons to Choose Divorce Mediation

Posted on December 10, 2015

Divorce Mediation Divorce Mediation is an alternative available to divorcing couples that would like to play an active role in the decision making process. A divorce mediator is a neutral third party hired by a couple that wishes to pursue a divorce in a non-threatening controlled environment. The...

The Innovators’ Counsel: The ADA And Your Small Business – Public Accommodations

Posted on December 5, 2015

Title III of the Americans with Disabilities Act (hereinafter “ADA”) requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the general public. The stated goal is to afford every individual the opportunity to benefit from our country’s businesses and services, and...

The Innovators’ Counsel: Power of Attorney & Valid Trust Creation Under The MUTC

Posted on October 15, 2015

The Massachusetts Uniform Trust Code (the “MUTC”), codified at Mass. Gen. Laws c. 203E, became effective as of July 8, 2012. The enacting legislation provides that, except as otherwise provided, the MUTC applies to all trusts created before, on, or after the July 8, 2012 effective date. The before...

The Innovators’ Counsel: Zoning Flyover – The Massachusetts Zoning Act 20 and 90 Day Appeal Deadlines (for lawyers)

Posted on September 23, 2015

As attorneys with experience handling a variety of condominium, real estate and zoning issues – particularly issues arising in dealings with city and town level zoning boards and subsequent boards of appeals/trial court appeals – the most frequent inquiry we receive in this area centers on obtaining or challenging the denial of...

The Innovators’ Counsel: Zoning Flyover – The Massachusetts Zoning Act 20 and 90 Day Appeal Deadlines (for non-lawyers)

Posted on September 23, 2015

As attorneys with experience handling a variety of condominium, real estate and zoning issues – particularly issues arising in dealings with city and town level zoning boards and subsequent boards of appeals/trial court appeals – the most frequent inquiry we receive in this area centers on obtaining or challenging the denial of...

The Innovators’ Counsel: Fiduciary Duty Claims – Interference with Contractual or Business Relations, Vol. 2

Posted on September 15, 2015

Our last IC post began exploring the business litigation tort of interference with contractual or business relations. As previously noted, such claims typically arise in the context of business competition; e.g., where one party who has been unsuccessful in retaining or winning a third party’s business alleges improper interference by the successful competitor.

KCL’s Andy Hyams Has Been Honored in the Massachusetts Medical Law Report

Posted on September 8, 2015

Congratulations to partner Andy Hyams for being named one of Massachusetts Medical Law Report’s “Heroes in the Field.” The winners of the “4th Annual Rx for Excellence Awards” were announced in the September 2011 edition. To read the announcement, go to page 8 of the Massachusetts Medical Law Report.

Real Estate Overassessment – Abatement Procedure

Posted on July 16, 2015

If you believe that your municipality (city or town) has overassessed your home and as a result you are paying too much in real estate taxes, there are specific steps that are required to be followed to challenge that assessment. Failure to follow these procedures could result in the denial of your...

The Innovators’ Counsel: Fiduciary Duty Claims – Interference with Contractual or Business Relations, Vol. 1

Posted on June 17, 2015

In early April, IC explored the business tort know as a “freeze-out.” (April 6, 2015 IC post). Another claim that is often asserted in business litigation is interference with contractual or business relations. Interference with business relations and interference with contractual relations are actually two separate torts (distinguished below). Such claims...

The Innovator’s Counsel: Safe Harbor Period for Massachusetts New Earned Sick Time Law

Posted on June 5, 2015

Recently, the Innovator’s Counsel notified you of the new Massachusetts statute regarding earned sick time (previous post), which is going into effect on July 1, 2015. However, the Office of the Attorney General of Massachusetts, the office tasked with the enforcement of the new statute, recently released a notification informing the public that...