Author Info for Adler Pollock & Sheehan P.C.

Nickolas Arnold

Pre-Acquisition Tactics: Tackling Related Party Transactions

Suppose you are an avid fan of the English Premier League (the “EPL”) like I am. In that case, you have likely heard or read about the ensuing arbitration between Manchester City Football Club and the EPL over the EPL’s…more

Acquisition Agreements, Business Entities, Contract Terms, Corporate Governance, Corporate Sales Transactions

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Joseph Avanzato

Rhode Island Superior Court’s Non-Liquidating Receivership Program Provides Relief For Businesses Impacted By COVID-19

With the COVID-19 pandemic adversely impacting both the state’s economy overall and individual businesses, the Rhode Island Superior Court, Presiding Justice Alice Bridget Gibney, issued an Order dated March 31, 2020 creating…more

Chapter 11, Coronavirus/COVID-19, Relief Measures, RI Supreme Court, Small Business

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Nicole Benjamin

Rhode Island Supreme Court Imposes A New Time Limitation On Original Homeowners To Discover Latent Defects

In a case of first impression, the Rhode Island Supreme Court this term held that a homeowner has (1) ten years following the substantial completion of an improvement to real property to discover a latent defect and (2) three…more

Breach of Warranty, Civil Rights Act, Due Diligence, Homeowners, Latent Defects

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Richard Beretta Jr.

HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

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Brendan Ryan

Supreme Court Poised to Eliminate Title VII Material Harm Requirement

Last week, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a key case involving the definition of an “adverse employment action” under Title VII of the Civil Rights Act of 1964. Specifically, the Court…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employees, Employer Liability Issues

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Robert Brooks

Rhode Island’s New Pay Equity Law: What Employers Need To Know

A big change is coming for employers in the Ocean State. On January 1, 2023, Rhode Island’s new pay equity legislation (the “Act”) goes into effect. Last year, Rhode Island joined a legion of states to enact sweeping pay…more

Employer Liability Issues, Equal Pay, Labor Reform, New Legislation, Pay Discrimination

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Michael Brown

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and “A…more

Compliance Monitoring, Consent, Consumer Privacy Rights, Cookies, Data Collection

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Hamza Chaudary

Rhode Island Implements Statewide Standards for Wetlands

Recently, Governor Gina Raimondo signed into law legislation to establish statewide standards to bolster protections for wetlands while streamlining the permitting process during development. Before the new legislation, each…more

Coastal Real Estate, Department of Environmental Management, Governor Raimondo, Municipalities, New Legislation

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Cheryl Clarkin

USPTO Adjusts Trademark Fees For First Time In Three Years, Effective January, 2021

Effective January 2, 2021, the United States Patent and Trademark Office (“USPTO”) is adjusting certain trademark filing fees, post registration fees and Trademark Trial and Appeal Board fees for the first time in nearly three…more

Fees, Final Rules, Patents, Trademark Application, Trademark Registration

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Stephen Connolly

Legal Issues Related to Non-fungible Tokens

Non-fungible tokens (NFTs) provide new avenues of investment and secured lending opportunities for borrowers and lenders alike but also raise number of legal considerations…more

Blockchain, Digital Assets, Intellectual Property Protection, Investment, Investment Contract

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Patrick Coyne

Major Changes Coming to Rhode Island’s Zoning and Land Use Law in 2024

After a series of bills became law at the end of the General Assembly’s session in June, significant changes are coming to Rhode Island’s land use and zoning laws beginning in 2024. Among its many changes made, the legislation…more

Land Developers, Notice Requirements, Public Hearing, Real Estate Development, Rhode Island

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Jacqueline Crockwell

Amendment of Federal Rule of Evidence 702 & Impact on Asbestos/Talc Litigation

Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of…more

Admissibility, Asbestos, Asbestos Litigation, Cancer, Expert Witness

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Michael D'Ippolito III

Making an Offer That They (Perhaps Shouldn’t) Refuse: A Closer Look at Offers of Judgment Under Rule 68

Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of the Federal Rules of Civil Procedure. An attorney’s failure to understand and effectively use Rule 68 could be costly. …more

Business Litigation, Commercial Litigation, Federal Rules of Civil Procedure, Litigation Strategies, Offer of Judgment

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Susan Leach DeBlasio

HealthCare Fraud and Courtesies: What to Know Before Waiving a Copayment

Many healthcare facilities and physicians waive the insurance copayment for physicians and their families (known as professional courtesy) or other patients. Yet, despite how prevalent the practice is and the limited…more

Anti-Kickback Statute, False Claims Act (FCA), Health Insurance, Healthcare Facilities, Hospitals

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Danielle Dufault

Help is Here For Eligible Small Businesses And Non-Profit Organizations – Part II

As the COVID-19 pandemic continues to wreak havoc on the US economy, small businesses and non-profit organizations appear to be experiencing the most severe ramifications. While loan programs available under the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, SBA Lending Programs

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Colten Erickson

The Devil is in the Details: Waiver, Forfeiture, and the Critical Distinction for Appellate Advocates

Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice. However, these are distinct concepts, and a savvy litigator will carefully consider them when…more

Appeals, Appellate Courts, Business Litigation, Forfeiture, Judicial Proceedings

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Daniel Holmander

Pending Name, Image and Likeness (NIL) Legislation Advances in Rhode Island General Assembly as Assessment of Current NCAA Landscape Mounts

As pending legislation works through the Rhode Island General Assembly, the off seasons for NCAA Football and Basketball have drawn further attention to the constantly evolving Name, Image and Likeness (“NIL”) landscape in…more

College Athletes, Compensation & Benefits, Educational Institutions, Intellectual Property Protection, Name and Likeness

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Vinit Kathardekar

Driving Revenue And Deal Flow Through An Intelligent IP Strategy: Strategies For Smaller And Early-Stage Life Science Companies. Part III: Choosing The Right Transaction

Part I described various strategies to help smaller and early-stage life science companies establish an intelligent IP strategy and Part II described various strategies used when preparing for a transaction. In this Part III, we…more

Acquisitions, Biopharmaceutical, Collaboration, IP License, Life Sciences

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Kelly Kincaid

Considerations For eDiscovery Of Remote Work Applications

The transition to working remotely during the last year brought about a shift in the use of a variety of videoconferencing technology and remote work applications that connect employees like Zoom, WebEx, Cisco, Slack and…more

Coronavirus/COVID-19, Data Collection, Data Storage, Discovery, Discovery Disputes

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Stephen Lapatin

2024 Rhode Island Legislative Session Report

The Rhode Island General Assembly adjourned sine die on Friday, bringing the 2024 legislative session to a close. Below is an overview of noteworthy legislation passed during the session…more

Arbitration Agreements, Capital Requirements, Corporate Taxes, Employee Benefits, Environmental Policies

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Margaret Lynch

Personal Jurisdiction and Relatedness

The United States District Court of Massachusetts recently published a decision regarding the constitutional inquiry for specific personal jurisdiction. In Chouinard v. Marigot Beach and Dive Resort, the court ruled that…more

Business Litigation, Forum, Personal Jurisdiction, Tort

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Kristin Matsko

Is Your Estate Plan Ready for Future Estate Tax Law Changes?

The year 2017, when the Tax Cuts and Jobs Act was signed into law, seems like a long time ago. As you may be aware, many of the tax provisions of that law are set to expire in a relatively short amount of time — on January 1,…more

Estate Planning, Estate Tax, Gift-Tax Exemption, Spousal Lifetime Access Trust (SLAT), Tax Cuts and Jobs Act

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Alexander "Sasha" Meyer

The Potential of Rent Control in Rhode Island

In 2023, Providence had the largest year over year residential rent increase compared to every other major U.S. city. Rising rental rates are not isolated to the Ocean State. Median residential rent prices increased in cities…more

Affordable Housing, Critical Infrastructure Sectors, Housing Market, Landlords, Municipalities

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Geoffrey Millsom

Rhode Island Usury: Interest By Any Other Name Is Still Interest

In LaBonte v. New England Development R.I., LLC et al., No 12-328, the Rhode Island Supreme Court recently clarified the state’s usury law by holding that a fee could be included in the calculation of interest even though it was…more

Fees, Interest Payments, Loan Agreements, Loans, Usury

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Michel Morency Ph.D.

Driving Revenue And Deal Flow Through An Intelligent IP Strategy: Strategies For Smaller And Early-Stage Life Science Companies. Part III: Choosing The Right Transaction

Part I described various strategies to help smaller and early-stage life science companies establish an intelligent IP strategy and Part II described various strategies used when preparing for a transaction. In this Part III, we…more

Acquisitions, Biopharmaceutical, Collaboration, IP License, Life Sciences

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Eric Mulvey

The Corporate Transparency Act – New Reporting Requirements for Beneficial Owners

Several years ago, Congress passed the Anti-Money Laundering Act of 2020, which became effective law on January 1, 2021 (the “Act”). Included in the Anti-Money Laundering legislation was the Corporate Transparency Act (“CTA”). …more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Stephen Nelson

The Supreme Court Will Decide Whether States Can Require Consent to General Personal Jurisdiction as the Cost of Doing Business

The two most thrilling words to readers of legal blogs must be “personal jurisdiction.” In the term that starts October 2022, the United States Supreme Court will consider a case that will determine the constitutionality of…more

Business Litigation, Constitutional Challenges, Doing Business, General Jurisdiction, Mallory v Norfolk Southern Railway Co

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Elizabeth McDonough Noonan

Navigating Rhode Island’s Zoning Regulations

Thinking about bringing your business to Rhode Island? Interested in expanding and developing in this state? If yes, you will have to navigate Rhode Island’s state and local land use regulations, which encompass zoning and…more

Local Ordinance, Property Owners, State and Local Government, Zoning Laws

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Leslie Parker

Rhode Island Department Of Health Requires Vaccines For All Health Care Workers And Healthcare Providers

On August 17, 2021, the Rhode Island Department of Health (“RIDOH”) issued regulations requiring that all Rhode Island health care workers and heath care providers be vaccinated against COVID-19 by October 1, 2021. On October 1,…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Healthcare Workers, Masks

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Joshua Parks

Operational Guidance For Marine Business During Rhode Island’s COVID-19 Phase I Reopening

As many Rhode Islanders know, the Governor has recently released a plan to begin phased reopening as the State begins to emerge from the Coronavirus crisis. As part of that phased reopening, the Rhode Island Department of…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Governor Raimondo, Personal Protective Equipment, Public Health

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Dean Phelps

What Happens to Your Patents and Trademarks if the USPTO Shuts Down on October 1, 2023?

There is a potential for a U.S. federal government shutdown on October 1, 2023, in view of the ongoing discussions in Congress regarding funding for Federal Fiscal Year 2024 (FFY24). The longest government shutdown was under the…more

Administrative Agencies, Government Shutdown, Intellectual Property Protection, Patents, Regulatory Agencies

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John Prince Ph.D.

Driving Revenue And Deal Flow Through An Intelligent IP Strategy: Strategies For Smaller And Early-Stage Life Science Companies. Part III: Choosing The Right Transaction

Part I described various strategies to help smaller and early-stage life science companies establish an intelligent IP strategy and Part II described various strategies used when preparing for a transaction. In this Part III, we…more

Acquisitions, Biopharmaceutical, Collaboration, IP License, Life Sciences

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Daniel Procaccini

Give And Take: How The U.S. Supreme Court’s Ruling In Cedar Point Nursery v. Hassid May Impact Rhode Islanders Who Own Property Abutting Public Lands

Rhode Island is a small state favored with many natural attractions, not the least of which are its 400 miles of shoreline and more than 8,200 acres of public parks and recreation areas. Such lands frequently abut private…more

Agricultural Workers, Cedar Point Nursery v Hassid, Fifth Amendment, Just Compensation, Public Land

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David Riedel

Is Your Estate Plan Ready for Future Estate Tax Law Changes?

The year 2017, when the Tax Cuts and Jobs Act was signed into law, seems like a long time ago. As you may be aware, many of the tax provisions of that law are set to expire in a relatively short amount of time — on January 1,…more

Estate Planning, Estate Tax, Gift-Tax Exemption, Spousal Lifetime Access Trust (SLAT), Tax Cuts and Jobs Act

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Patricia Rocha

Rhode Island Department Of Health Requires Vaccines For All Health Care Workers And Healthcare Providers

On August 17, 2021, the Rhode Island Department of Health (“RIDOH”) issued regulations requiring that all Rhode Island health care workers and heath care providers be vaccinated against COVID-19 by October 1, 2021. On October 1,…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Healthcare Workers, Masks

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Jonathan Sachs

Legality of Upfront Tenant Fees

A recent Massachusetts federal district court case has placed a significant limitation on the type of upfront fees that landlords may charge tenants. On August 26, 2014, Judge Rya Zobel ruled that Equity Residential, a…more

Consumer Protection Act, Fees, Landlords, Residential Leases, Tenants

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Patrick Sampson

Emergency Amendments to Licensure of Nursing Facilities Regulations (216-RICR-40-10-1)

On September 29, 2023, the Rhode Island Department of Health (“RIDOH”) announced emergency amendments to the Licensure of Nursing Facility Regulations that will greatly affect the operation and regulatory review of skilled…more

Health Care Providers, Healthcare, Licensing Rules, Long Term Care Facilities, Regulatory Requirements

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Alan Shoer

Rhode Island Enacts Laws to Place Limits on So-Called “Forever Chemicals”

On June 27, 2022, two new laws went into effect to place limits and regulate the levels of certain Per-and Polyfluoroalkyl Substances (“PFAS”) chemicals in drinking water, ground water, surface waters, and landfills…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Enforcement Guidance

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Lucas Spremulli

A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?

On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students. In Students for Fair Admissions, Inc. v. President & Fellows of Harvard…more

Affirmative Action, College Admissions, Diversity and Inclusion Standards (D&I), Educational Institutions, Employer Liability Issues

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Robert Stolzman

New Rhode Island Acquired Real Estate Company Conveyance Tax Leaves Many Unanswered Questions

Effective July 1, 2015, Rhode Island now imposes a realty conveyance tax on the transfer of controlling interests in a “real estate company,” in addition to any other state taxes. Under prior law, if a person or business entity…more

Business Entities, Business Ownership, Change of Ownership, Income Taxes, New Legislation

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Siobhan Surette

Massachusetts Court Appearances in a Post Pandemic World

On August 12, 2022, Chief Justice Heidi E. Brieger of the Massachusetts Superior Court adopted Superior Court Standing Order 1-22, effective September 1, 2022, which expanded the category of proceedings to be “presumptively”…more

Coronavirus/COVID-19, Courthouses, Emergency Management Plans, Infectious Diseases, Judicial Proceedings

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John Tarantino

Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at trial. …more

American Bar Association (ABA), Business Development, Ethics, Ex Parte, Ex-Parte Communications

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Jeffrey Techentin

Supreme Court Decision Resolves Technical Patent Issue But Hints At Looming Separation Of Powers Questions

As often happens in patent cases, a “small potatoes” legal issue can lead to a change in law that will certainly have significant impact on inventors and businesses for years to come. When the parties argued the matter of Thryv…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, SCOTUS, Thryv Inc v Click-To-Call Technologies LP, Time-Barred Claims

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Gabriella Valentin

Rising Toxic Tort Claims: Silica and Implications of Silica Based Claims

Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of…more

Asbestos, Mass Tort Litigation, Multidistrict Litigation, Negligence, Occupational Exposure

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Matthew Waters

Proposed Rhode Island Open Meetings Act Legislation

Since the onset of the COVID-19 pandemic, Rhode Island public bodies have been authorized to meet remotely pursuant to Executive Orders issued by the Rhode Island Governor’s Office..…more

Coronavirus/COVID-19, Open Meetings Act, Public Meetings, Rhode Island, State and Local Government

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David Webster

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other…more

Acquisition Agreements, Anti-Competitive, Antitrust Provisions, Competition, Department of Justice (DOJ)

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Kathryn Windsor

Is Your Estate Plan Ready for Future Estate Tax Law Changes?

The year 2017, when the Tax Cuts and Jobs Act was signed into law, seems like a long time ago. As you may be aware, many of the tax provisions of that law are set to expire in a relatively short amount of time — on January 1,…more

Estate Planning, Estate Tax, Gift-Tax Exemption, Spousal Lifetime Access Trust (SLAT), Tax Cuts and Jobs Act

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Christopher Yagoobian

The End Of An Era, Separation Agreements In The Wake Of Mclaren Macomb: What Employers Need To Know

The National Labor Relations Board’s (the “Board”) decision in McLaren Macomb, significantly changes what employers are allowed to include in a departing employees’ severance/separation agreements or packages. The Board’s…more

Confidentiality Agreements, Contract Terms, Employees, Employer Liability Issues, Employment Litigation

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Kyle Zambarano

2024 Amendments to Rhode Island’s Arbitration Act and the Critical Importance of Timely Payment to the

As first noted by my colleague Steve Lapatin in his recent summary of the 2024 Rhode Island Legislative session, Rhode Island’s Arbitration Act set forth in title 10, chapter 3 of the Rhode Island General Laws (the “Arbitration…more

Arbitration, Arbitration Agreements, Dispute Resolution, Rhode Island

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Adler Pollock & Sheehan P.C.

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