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Philip Ahrens

Massachusetts Packaging Plant Pays Nearly $485K Penalty For Environmental Violations

A packaging company in Dudley, MA has agreed to pay $484,900 in penalties to settle EPA claims that the company violated numerous federal and state regulations. The violations occurred at the company’s liquid and aerosol…more

Clean Air Act, Clean Water Act, Environmental Liability, EPA, EPCRA

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Ray Arner

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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Sarah Beard

Maine Tax Alert: Legislature Moves To Slash Pine Tree Zone Benefits And R&D Super Credit

The Supplemental Budget just released by the Legislature (LD 1843), if passed as written, may hurt Pine Tree Zone Business as well as businesses that engage in a substantial amount of research and development in Maine…more

State Budgets, State Taxes, Tax Credits

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Mark E. Beliveau

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, EPA

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Jonathan Block

Maine Tax Alert: Legislature Moves To Slash Pine Tree Zone Benefits And R&D Super Credit

The Supplemental Budget just released by the Legislature (LD 1843), if passed as written, may hurt Pine Tree Zone Business as well as businesses that engage in a substantial amount of research and development in Maine…more

State Budgets, State Taxes, Tax Credits

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Michelle Bush

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the Board…more

At-Will Employment, Canning v NLRB, Confidentiality Rule, Employee Handbooks, NLRA

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David Champoux

SEC Issues Ground-Breaking Guidance: Pierce Atwood Business Counselor Q1 2014

Historically, subject to only very limited and narrow exceptions, the Securities and Exchange Commission, and many state securities regulators, have taken the position that brokers, finders and other intermediaries could not…more

Brokers, Compliance, FINRA, SEC

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Bruce Coggeshall

Changes To The UCC Effective July 1: Are You Prepared?

Effective July 1, multiple amendments to the Uniform Commercial Code (UCC) became effective in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and 39 other states…more

Debtors, Driver's Licenses, Due Diligence, Forms, Secured Creditors

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Catherine Connors

The 2013 U.S. Supreme Court Takings Trilogy

It’s the last week of the U.S. Supreme Court’s term, so the big 5-4 decisions are out. Tuesday the big decision was Koontz v. St. Johns River, a takings case. This completes the trilogy of takings cases in front of the Court…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Nexus, Nollan v California Coastal Commission

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Emily Cooke

Obama Administration Delays ACA Employer Mandate Until 2015

In a major development in the implementation of the Affordable Care Act (ACA), the Obama administration announced on Tuesday that it will delay implementation of the “employer mandate” feature of the law…more

Affordable Care Act, Deadlines, Delays, Employer Mandates, Healthcare

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Keith Cunningham

Changes To The UCC Effective July 1: Are You Prepared?

Effective July 1, multiple amendments to the Uniform Commercial Code (UCC) became effective in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and 39 other states…more

Debtors, Driver's Licenses, Due Diligence, Forms, Secured Creditors

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Richard (Zeke) Davisson II

SEC Proposes Rules To Amend Regulation A

On December 18, 2013, the Securities and Exchange Commission (the “SEC”) released proposed rules to amend Regulation A to provide for the offering of up to $50 million in securities. Regulation A is a quasi-public offering…more

Compliance, Crowdfunding, Investment Company Act of 1940, JOBS Act, Regulation A

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Avery T. Day

Under The Dome: Inside The Maine State House 4-11-14

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Governor Vetoes Medicaid Expansion Legislation - On April 9th, Governor vetoed LD 1487, a…more

Healthcare, Legislative Agendas, State Budgets, State Taxes

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John D. Delahanty

Under The Dome: Inside The Maine State House 4-11-14

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Governor Vetoes Medicaid Expansion Legislation - On April 9th, Governor vetoed LD 1487, a…more

Healthcare, Legislative Agendas, State Budgets, State Taxes

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Anthony Derosby

Employers Must Use The New Form I-9 Starting May 7, 2013; Is Your Organization Prepared?

A new version of Form I-9 was released by USCIS on March 8, 2013. Employers were required by law to begin using the new version of Form I-9 effective immediately, but USCIS gave employers a 60-day grace period to implement the…more

Eligibility, Hiring & Firing, I-9, USCIS

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Jared des Rosiers

NESCOE Proposes ISO-NE Facilitate Addition Of New Electric Transmission Infrastructure & Natural Gas Capacity

The New England States Committee on Electricity (NESCOE) has proposed that ISO-New England (ISO-NE) facilitate the addition of new electric transmission infrastructure to access renewable resources and increased natural gas firm…more

Infrastructure, Natural Gas, Oil & Gas, Telecommunications, Utilities Sector

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Thomas Doyle

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had…more

Department of Environmental Protection, Disciplinary Proceedings, Ethics

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Joshua Dunlap

Mississippi ex rel. Hood v. AU Optronics Corporation: Finding CAFA To Be As Clear As An LCD

On Tuesday, the Supreme Court once again weighed in with a decision regarding class actions, but this time with a twist. In what is a rare event in the class action context, the Court handed down a unanimous decision in…more

CAFA, Class Action, Class Certification, Mass Action, Parens Patriae

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Kris Eimicke

Maine Tax Alert: Legislature Moves To Slash Pine Tree Zone Benefits And R&D Super Credit

The Supplemental Budget just released by the Legislature (LD 1843), if passed as written, may hurt Pine Tree Zone Business as well as businesses that engage in a substantial amount of research and development in Maine…more

State Budgets, State Taxes, Tax Credits

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Charles Einsiedler, Jr.

OSHA HazCom December 1 Deadline

Will you have completed training? And, are you ready for the “Ripple Effect?” - By now, most companies are aware that the OSHA Hazard Communication (HazCom) standard was changed in 2012, and that the first compliance…more

Compliance, Deadlines, Hazardous Communication Standard, OSHA, Training

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James R. Erwin

2013 Summary Of New Maine Laws & Carried Over Legislation

As an on-going service to our clients, Pierce Atwood is pleased to provide this updated summary of selected new Maine laws enacted during the 126th Maine Legislature’s 1st Regular Session and 1st Special Session, as well as…more

Legislative Agendas, New Legislation

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Kevin Farrell

Important Changes To U.S. Patent Law: First-To-File

The United States will transition to a first-to-file patent system on March 16, 2013. Here are some key points U.S. patent applicants should be aware of…more

America Invents Act, First-to-File, Patent Reform, Patents, USPTO

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John M. Formella

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had…more

Department of Environmental Protection, Disciplinary Proceedings, Ethics

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Donald Frederico

You Can't Always Get What You Want: D. Mass. Awards Small Fraction Of Requested Attorneys' Fees In ZIP Code Class Settlement

In an opinion reminiscent of the famous Rolling Stones song, Judge Richard Stearns on December 26th awarded plaintiffs' class counsel fees of $75,959.00 of a requested amount of $450,000 for work performed in connection with a…more

Attorney's Fees, Billable Hours, Class Action, Fee Awards, JCPenney

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Kyle Glover

New HIPAA Rules Affect Business Associates And Their Subcontractors

The new HIPAA rules issued by the Department of Health and Human Services have made substantial changes to the way in which covered entities (e.g., hospitals, health insurers, etc…) and their business associates (entities which…more

Business Associates, Covered Entities, HHS, HIPAA, HITECH

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Marshal Grant

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Kenneth Gray

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be…more

Contamination, Department of Environmental Protection, EPA, Hazardous Substances, Preemption

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Peter Guffin

New HIPAA Rules Affect Business Associates And Their Subcontractors

The new HIPAA rules issued by the Department of Health and Human Services have made substantial changes to the way in which covered entities (e.g., hospitals, health insurers, etc…) and their business associates (entities which…more

Business Associates, Covered Entities, HHS, HIPAA, HITECH

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Nancy Haller

Consumer Alert For Corporate And Non-Profit Entities Regarding Corporate Records Scam

We are once again entering the season when most for-profit and non-profit corporations file their annual reports with the Secretary of State or other applicable agency in the states where they are organized as well as the states…more

Corporate Records, Non-Profits, Scams

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Christopher Howard

New SEC Rule 506(c) - Accredited Investor Verification Requirements

We recently published a Business Alert regarding the SEC’s adoption of the final rule to lift the ban on general solicitation and advertising in Rule 506 offerings to accredited investors…more

Accredited Investors, Advertising, Dodd-Frank, General Solicitation, Marketing

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Kate Isley

How I Began My Class Action Practice

Two years ago, the extent of my knowledge of and experience in class actions was limited to a complex litigation course I took in law school. I had four years of general litigation practice under my belt and had always thought…more

Class Action, Rule 23

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Marianna Putnam Liddell

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Jana Magnuson

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Andrea Cianchette Maker

Under The Dome: Inside The Maine State House 4-11-14

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Governor Vetoes Medicaid Expansion Legislation - On April 9th, Governor vetoed LD 1487, a…more

Healthcare, Legislative Agendas, State Budgets, State Taxes

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Matthew D. Manahan

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had…more

Department of Environmental Protection, Disciplinary Proceedings, Ethics

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Katie Nokes Minervino

Employers Must Use The New Form I-9 Starting May 7, 2013; Is Your Organization Prepared?

A new version of Form I-9 was released by USCIS on March 8, 2013. Employers were required by law to begin using the new version of Form I-9 effective immediately, but USCIS gave employers a 60-day grace period to implement the…more

Eligibility, Hiring & Firing, I-9, USCIS

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Allan M. Muir

New Definition Of "Employee" Promises To Result In New Workers' Compensation Risk And Cost To Maine Employers

Last year, the 125th Maine Legislature enacted several amendments to the Maine Workers’ Compensation Act. Perhaps the most important was L.D. 1314, “An Act to Standardize the Definition of Independent Contractor.’’ This new…more

Independent Contractors

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Kathleen King Parker

Maine Tax Alert: Legislature Moves To Slash Pine Tree Zone Benefits And R&D Super Credit

The Supplemental Budget just released by the Legislature (LD 1843), if passed as written, may hurt Pine Tree Zone Business as well as businesses that engage in a substantial amount of research and development in Maine…more

State Budgets, State Taxes, Tax Credits

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Joanne Hanson Pearson

OFCCP Publishes New Affirmative Action Requirements For Protected Veterans And Individuals With Disabilities - What Federal Contractors Need To Know: Added Burdens And Significant New Legal Risks

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules that make changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance…more

ADA, Affirmative Action, Disability, Employer Liability Issues, Hiring & Firing

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Dixon P. Pike

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial…more

Air Pollution, Boilers, EPA

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S. Mason Pratt

OFCCP Publishes New Affirmative Action Requirements For Protected Veterans And Individuals With Disabilities - What Federal Contractors Need To Know: Added Burdens And Significant New Legal Risks

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules that make changes to the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance…more

ADA, Affirmative Action, Disability, Employer Liability Issues, Hiring & Firing

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Scott Pueschel

Update: Landmark Decision By Delaware's High Court Affirms Deferential Business Judgment Review For Controlling Stockholder Buyouts

Last summer, in our post titled Protecting Your Business Judgment: Recent Developments in Delaware Law on M&A Deals Involving Controlling Stockholders, we alerted you that two trial courts in the nation’s leading forum for…more

Business Judgment Rule, Buyouts, Controlling Stockholders, MFW, Shareholders

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Katherine Rand

Fifth Circuit Says No Nexus Required Between Reasonable Accommodation And Essential Functions

The vast majority of requests for accommodation aim to help an employee to perform the essential functions of his or her job. As a result, a large body of case law has developed, defining reasonable accommodations as changes to…more

Essential Functions, Nexus, Reasonable Accommodation

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Robert Ravenelle

Maine Budget Contains Significant Tax Changes

Averting a potential government shutdown, the Legislature voted to override Governor LePage’s veto of the biennial budget…more

Income Taxes, Property Tax, Sales & Use Tax, State Budgets

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Brian M. Rayback

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial, Commercial…more

Air Pollution, Boilers, EPA

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Randall Rich

President Obama Nominates Norman Bay To Be Next FERC Chairman

President Obama has nominated Norman Bay to be the next Chairman of the Federal Energy Regulatory Commission (FERC). Bay currently serves as FERC’s Director of Enforcement. Prior to joining FERC in 2009, Bay was a professor at…more

FERC, Nominations

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Mark Rosen

Update: Landmark Decision By Delaware's High Court Affirms Deferential Business Judgment Review For Controlling Stockholder Buyouts

Last summer, in our post titled Protecting Your Business Judgment: Recent Developments in Delaware Law on M&A Deals Involving Controlling Stockholders, we alerted you that two trial courts in the nation’s leading forum for…more

Business Judgment Rule, Buyouts, Controlling Stockholders, MFW, Shareholders

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Wilfred "Jack" Sanders, Jr.

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Jack Steele

3 Fundraising Mistakes Startup Entrepreneurs Make (and How to Avoid Them)

Some startups want to tout big fundraising numbers. Resist that urge. Focus on a smart valuation and return focus to the product…more

Business Formation, Fundraisers, Legal Perspectives, Startups, Venture Capital

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Robert Stier Jr.

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the…more

Business Formation, Copyright, First-to-File, Legal Perspectives, Patents

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William E. Taylor

New FEMA Flood Zone Maps: Is Your Property About To Be Included In A High Risk Zone?

The Federal Emergency Management Agency (FEMA) is set to finalize new flood zone maps for the coastal areas of New England in the next few weeks. On many of these new maps, coastal flood zones are likely to shift, putting many…more

Disaster Preparedness, FEMA, Flood Zones

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Sarah Tracy

Massachusetts Long-Term Contract For The Purchase Of Renewable Energy And Recs

Massachusetts Utilities Submit Long-Term Contracts for the Purchase of Renewable Energy and RECs from Five Maine Wind Projects and One New Hampshire Wind Project to the Massachusetts Department of Public Utilities for Approval…more

Renewable Energy, Utilities Sector, Wind Power

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Barbara Wheaton

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Warren Winslow, Jr.

Fiscal Cliff Averted: Estate, Gift And GST Tax Changes

The country was heading for a “fiscal cliff” as the Bush-era tax cuts were scheduled to expire on January 1, 2013. But the U.S. Senate and House of Representatives voted in the final hours to make those tax cuts permanent for…more

American Taxpayer Relief Act, Estate Tax, Family Limited Partnerships, Fiscal Cliff, Generation-Skipping Transfer

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Cynthia Worthen

DOMA Undone

Signed into law in 1996, the Defense of Marriage Act, known as DOMA, defined “marriage” for purposes of federal law as a union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex…more

DOMA, Due Process, Equal Protection, Estate Planning, Estate Tax

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