Burns & Levinson LLP

No Change By Trump: Fiduciary Regulations Still Effective in April

On February 3, 2017 President Trump issued a memorandum directing the Secretary of the DOL to determine whether new fiduciary regulations impair the public’s access to retirement information and financial advice. Please see…more
| Business Organizations, Elections & Politics, Finance & Banking, Labor & Employment Law, Securities Law

Be Sure to Observe Formalities to Protect Business Assets

When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business. While the law absolutely permits this, a…more
| Bankruptcy, Business Organizations, Securities Law

Pets: Considered Property or People During a Divorce?

Hi there, If you know me, you know I’m a fervent pet lover. We have dogs, cats, horses, goats, and are related to someone with a bearded dragon. I know, viscerally, how pets can feel like family members. As a result, they…more
| Family Law

Careful Drafting of Non-Competes and Other Restrictive Covenants Can Save the Day

It generally is a defense to a breach of contract claim if the defendant proves that the plaintiff was the first one to materially breach the parties’ agreement. As a recent case from the Business Litigation Session of the…more
| Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions

Health Reimbursement Accounts for Small Employers

A new law allows small employers to provide a stand-alone employer-paid health reimbursement account plan to employees without incurring a tax penalty. This plan would help employees pay for insurance offered on an exchange…more
| Labor & Employment Law

This Holiday Season, Let Go of the Salad Spinner

Hi there, I was somewhat surprised a couple of weeks ago to be asked for an interview by the talented Globe writer, Cindy Atoji Keene. It was published on Sunday, and reading it made me realize just how important it is to…more
| Family Law

New SEC Rules Facilitate Regional and Intrastate Private Placements

New Sec Rules Facilitate Regional And Intrastate Private Placements - On October 26, 2016 the Securities and Exchange Commission (the “SEC”) adopted final rules in order to modernize certain capital-raising options that are…more
| Business Organizations, Securities Law

Trump and the Debate Over the Fiduciary Rules Affecting Retirement Savings

CAMPAIGN PROMISES AND THE FIDUCIARY FIGHT - President Elect Trump’s campaign website states that he intends to issue a moratorium on new regulations that are “not compelled by Congress or public safety.” His stated goal is…more
| Elections & Politics, Labor & Employment Law

Corporate Individual Creating a Privileged Communication May Not Control Waiving it

While companies, like people, are entitled to protect privileged communications with their counsel, companies only can act through individuals. So what happens when the former CEO wants to disclose a privileged communication he…more
| Business Organizations, Civil Procedure

Stopping The Sale of Gray-Market Medical Devices

On November 3, 2016, the US Court of Appeals for the Second Circuit approved an injunction against about 200 importers and sellers preventing them from importing and selling gray market blood-glucose test strips. The case was…more
| Civil Procedure, Health, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Do Durational Limits Apply to Cases That Were Resolved Before the Alimony Reform Act?

The Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act…more
| Civil Procedure, Civil Remedies, Family Law

December 1 Overtime Final Rule On Hold

On November 22, the U.S. District Court for the Eastern District of Texas granted the request of 21 states to temporarily halt the effective date the U.S. Department of Labor’s Final Rule (“Final Rule”) raising the salary…more
| Labor & Employment Law

Specificity and Detail in Liability Waivers Are Critical

Two years ago, in Concerns About Tort Claim Waivers I wrote about how important it was to be specific in your liability waivers to ensure you have as much protection as possible. A recent decision by the Massachusetts Superior…more
| Commercial Law & Contracts, Personal Injury

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter you…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Important Ruling for Residents of Massachusetts Owning Assets in Other States and Countries

TAXES ON ASSETS IN JURISDICTIONS WITH NO ESTATE TAXES - Since 2001, the Massachusetts Department of Revenue ("DOR") has held that persons in Massachusetts who pass away owning real estate or valuable tangibles located in…more
| Taxation, Wills, Trusts, & Estate Planning
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