Burns & Levinson LLP

Track More Than Case Law When Drafting a Noncompete Covenant

No doubt, ensuring that any agreement is consistent with judicial precedent is critical if you want to enforce that agreement at some point in the future. Nevertheless, merely incorporating precedential concepts or language into…more
| Commercial Law & Contracts, Labor & Employment Law

New Retainage Law Takes Effect in Massachusetts

The Commonwealth of Massachusetts has a new retainage law applicable to most private construction projects that took effect on Nov. 6, 2014. The Retainage Law limits retainage to 5 percent of each payment and regulates the…more
| Commercial Law & Contracts, Construction Law, Real Estate - Residential

Update on Chapter 93A

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Intellectual Property

How We're Different: Partner-Level Attention

It is an unfortunate fact of life for those of us who represent lenders that our bills are paid by the people on the other side of the table — the borrowers. While this is the custom, it adds extra weight to the usual concern…more
| Finance & Banking, Law Practice Products & Services

Six School Vacation Week Tips for Co-Parents

Hi there, Spring vacation is almost here for many private schools and April vacation is just around the corner. Whether you’re taking the kids on vacation by yourself for the first time or you’re going to be the parent…more
| Family Law

Is Your Liquidated Damages Provision Sufficient to Make You Whole?

The obvious purpose of a liquidated damages provision is to make your client whole in the event that your business partner breaches the agreement. Nevertheless, K.G.M. Custom Homes. v. Prosky highlights that simply having a…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Real Estate - Residential

Hey Guys, You Get “Maternity” Leave, Too!

For years, the Massachusetts Maternity Leave Act (“MMLA”), M.G.L. c. 149, §105D, only applied to female employees by its literal terms. The Massachusetts Commission Against Discrimination (“MCAD”), the agency tasked with…more
| Civil Rights, Labor & Employment Law

Police Your Patent Marking and Your Patent Promotion

Despite the curtailment of previously rampant patent false marking suits by the 2011 America Invents Act (“AIA”), patent owners still must mark to provide statutorily required notice of their patents in connection with their…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Maximize Your Charitable Gift With Your IRA

Valentine’s Day is a great time to count your blessings and make good on your charitable intentions. Why not provide for your loved ones while also providing for a charity that is near and dear to your heart? Clients with an…more
| Nonprofit Law, Wills, Trusts, & Estate Planning

3 Cases That Significantly Impact Alimony Law

Hi there, As promised, here is an in-depth explanation of the new decisions from the Supreme Judicial Court (“SJC”) on the Alimony Reform Act, by my talented and knowledgeable partner, Robin Lynch Nardone…more
| Family Law

Make Sure You Can Afford to Pay a Bond Before Seeking an Injunction

In order to obtain a an injunction under federal law, the moving party has to show each of the following... (i) It has a likelihood of success on the merits of its claim. (ii) Without injunctive relief, it would…more
| Civil Procedure, Civil Remedies

Breaking News on Alimony Law!

The Supreme Judicial Court has just rendered its decision on the modification of judgements on alimony for cases that predate the Alimony Reform Act. Decisions on three cases, Chin v. Merriot (SJC 11715), Rodman v. Rodman (SJC…more
| Family Law

Mandatory Paid Sick Leave — What In-House Counsel and Employers Need to Know

As indicated in a recent blog post in the Harvard Business Review, entitled “Who Has Paid Sick Leave, Who Doesn’t, and What’s Changing,” paid sick leave traditionally was a benefit that only some employers provided, and in some…more
| Labor & Employment Law

Don’t Overlook The Need to Show Irreparable Harm When Seeking Injunctive Relief to Enforce a Non-Compete

When seeking preliminary injunctive relief to enforce a non-compete, the moving party is often focused on how obvious it is that the defendant breached the parties’ agreement. As 7-Eleven recently learned, however, even when…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Two Ways to Use Your Letter of Intent to Lock up a Deal – Maybe, For Good!

Letters of intent (LOI) are routinely used after business people have reached some degree of common ground on a potential deal. Sometimes an LOI comes very early on, before the parties know whether an ultimate agreement is…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions
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125 Summer Street
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