On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not…more
"IF YOU WILL®: Short Takes on Estates, Taxes and Trusts” is a quarterly glance through an informal lens at selected news items, court decisions, legislative changes and/or important issues pertinent to estate planning. It is…more
DIVIDING RETIREMENT ACCOUNTS -
There are important differences associated with dividing retirement plans that are already in pay status and those that are not. Some people divorcing later in life are already retired, and…more
Protecting Health Information -
The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business…more
Gray divorce is on the increase. As Boomers age they are deciding to divorce. There are a number of issues that are of particular importance. My very talented colleague Andrea Dunbar has written today about Social Security and…more
In This Issue:
- IRS Audits: Understanding Criminal Rights and Risks
- Amazing Clients®: Ravago: A Big Company with a Low Profile
- When is a Mom not a Mom?: De Facto Parenting in Massachusetts
- Can the Private…more
Many of you will end up being able to co-parent admirably, and this will include many of you who are struggling with the tough initial stages of working out a co-parenting arrangement. If no one is pathological, then time will…more
Memorializing an agreement in a written contract serves two primary purposes. First and foremost, a written contract should clearly set out the deal terms so that there is little or no chance of a misunderstanding as to what the…more
Non-profits, which depend on both the private economy and the public sector, suffer greatly in economic downturns such as we are experiencing at present.
Take healthcare, for example. Consider what happened when the…more
I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog.
It made me think about a real evidentiary issue…more
A favorite saying of my mentor and colleague in the Labor and Employment Group here at Burns & Levinson is “no good deed goes unpunished.” Over my years of practice, I have found that this phrase oft comes to mind when an…more
In a stunning turn of events, the Massachusetts Supreme Judicial Court has reversed its April 1 ruling in Ayeprel v. Phules, on which I reported yesterday..…more
In a closely watched case, Ayeprel v. Phules, the Supreme Judicial Court of Massachusetts formally recognized that confidential communications between so-called “work spouses” may be privileged. The 5-4 decision makes…more
This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s allowance…more
In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another…more
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