The Innovators’ Counsel: Zoning Flyover – The Massachusetts Zoning Act 20 and 90 Day Appeal Deadlines (for lawyers)
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...
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Real Estate Overassessment – Abatement Procedure
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...
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Employee Misclassification: A Caution to All Employers
For those businesses that utilize independent contractors as part of their business model, employee misclassification has become a major issue. It is one that is taking on increasing importance within the United States, as well as here in Massachusetts.
In Massachusetts, employers who are found to have misclassified their W-2...
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Foreclosure of Mortgage and Eviction Proceedings
In the recent decision of Bank of New York v. Bailey, issued by the Massachusetts Supreme Judicial Court, the court held that a homeowner whose mortgage was foreclosed by a lender could raise as a defense, in a subsequent eviction proceeding filed against the homeowner, that the lender had failed to properly conduct...
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New Mass – Israel Partnership- Good Business for Massachusetts
Massachusetts Governor D Patrick is to be congratulated for his continued efforts to promote business relationships between Massachusetts and the State of Israel. This June, Massachusetts and Israel launched a new partnership designed to finance joint R&D projects in the life sciences, clean energy and technology industries. Please see, Massachusetts and Israel Unveil...
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Bullying: It’s Not Just a Schoolyard Problem (2)
This is the second post in a three part series on bullying in the workplace.
As you may recall, the previous post on workplace bullying provided a description of workplace bullying, gave some startling statistics regarding its frequency, and outlined the benefits of prevention. This post will focus on...
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Serious Advice from the Experts
The recent devastating tornadoes in central Massachusetts should give everyone pause, as no one is immune to natural disasters. Even if tornadoes don’t return to Massachusetts this Summer, there are obviously other kinds of natural calamities that can jeopardize life, limb or property.
In the wake of the central Mass....
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New Massachusetts Homestead Law
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. This bulletin...
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SJC Rules: Attorneys Required for Massachusetts Real Estate Closings
This week the Massachusetts Supreme Judicial Court came down with its long-awaited ruling in a case that has been termed “a major victory for Massachusetts homeowners” (Real Estate Bar Association (REBA) vs. National Real Estate Information Services (NREIS).
The court reaffirmed the important role that attorneys play in insuring...
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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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