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Nicholas Anastasi

SJC Amends Notice Requirements Under Mass. R. Civ. P. 23

Earlier this year, the SJC approved several amendments to the Massachusetts Rules of Civil Procedure, which are to take effect on September 1, 2023. One such amendment applies to Mass. R. Civ. P. 23, and specifically to the…more

Class Action, Notice Requirements, Rules of Civil Procedure

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Michael Anderson

Aetna-Humana Merger Blocked

The District of Columbia federal court recently ruled that a proposed $37 billion merger between health insurance giants Aetna and Humana cannot proceed, granting the US Department of Justice’s bid to block the combination on…more

Aetna, Anti-Monopoly, Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), Competition

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Newell Augur

New Maine Law Will Streamline Application Process for On-Premise Liquor License

Effective August 9, 2024, a new Maine law has streamlined the application process for obtaining a license for the wholesale or retail sale of liquor. This will be especially helpful for any bar or restaurant seeking to obtain an…more

Applications, Investors, Liquor Control Boards, Liquor Licences, Wine & Alcohol

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James Avery

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

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Daniel Bailey

Breaking: Massachusetts Legislature Passes Landmark Bill Streamlining Land Deregistration

The Massachusetts Legislature just passed legislation modernizing the procedure for withdrawing land from the registered land system. The legislation, part of the Legislature’s Housing Bond Bill, now goes to the governor’s desk…more

Certifications, Withdrawal

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James Baker

Pitch Perfect - Creating a Compelling Story for Investors

Pitch decks are fundamental to your fundraising effort. If an investor is willing to give you their valuable time and attention, you should take full advantage of this chance to tell your story quickly, concisely, and…more

Business Plans, Capital Raising, Investors, Young Lawyers

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Bonnie Ball Wahrer

2023 Federal and State Estate and Gift Tax Summary

Estate and gift taxes are levied on transfers of property during lifetime and at death. The federal government and many state governments impose such taxes and adjust the amounts subject to tax annually for inflation (or…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Christina Berkow

Opportunity Zones: An Update

The federal Opportunity Zone (OZ) program, created in December 2017, has been a major topic of discussion for investors, businesses, and project developers alike. It seems, however, that the utilization of the OZ program has…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investment Opportunities

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Jonathan Block

Maine Court Clarifies Jurisdiction in Certain Property Tax Appeals and Addresses Maine Revenue Services’ Duty to Taxpayers When Changing Policy.

In a unanimous opinion, Maine Law Court relied on the plain language of 36 M.R.S. § 844 to hold that, in a municipality without a board of assessment review (BAR), a taxpayer whose nonresidential property is valued at $1 million…more

Appeals, Jurisdiction, Property Tax, Revenue, Rules of Construction

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Georgia Bolduc

Will Treasury Use Energy Tax Credits to Assist PFAS-Impacted Communities?

Proposed tax regulations to be released this year may clarify whether agricultural land contaminated with per- and polyfluoroalkyl substances (PFAS) qualify for a federal tax credit that would incentivize renewable energy…more

CERCLA, Energy Projects, Energy Tax Incentives, Hazardous Substances, Inflation Reduction Act (IRA)

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Kasey Boucher Pierter

FCC Issues New Consent Requirements for Certain Marketing Communications

In an important regulatory update that may significantly impact your organization’s marketing strategies, the Federal Communications Commission (FCC) adopted amendments to the Telephone Consumer Protection Act (TCPA) with a…more

Auto-Dialed Calls, Consent, Consumer Protection Laws, FCC, Lead Generators

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Allen Braddock

Will Treasury Use Energy Tax Credits to Assist PFAS-Impacted Communities?

Proposed tax regulations to be released this year may clarify whether agricultural land contaminated with per- and polyfluoroalkyl substances (PFAS) qualify for a federal tax credit that would incentivize renewable energy…more

CERCLA, Energy Projects, Energy Tax Incentives, Hazardous Substances, Inflation Reduction Act (IRA)

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Sonia Buck

Maine Law Court Upholds Sanctions Against Pro Se Litigant in Foreclosure Cases

Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of the…more

Cause of Action Accrual, Declaratory Relief, Foreclosure, Motion to Dismiss, Pro Se Litigants

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John Bulman

New Updates to AAA Construction Rules Now in Effect

Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving construction…more

American Arbitration Association, Construction Industry, Contract Terms, Mediation

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Paul Connolly Jr.

Massachusetts DPU Completes Investigation into Future Role of Commonwealth’s Gas Distribution Companies

After a three-year investigation and the receipt of substantial stakeholder input, the Massachusetts Department of Public Utilities (DPU or Department) recently issued an order (D.P.U. 20-80-B) to set forth the role that local…more

Clean Energy, Climate Change, Compliance, Energy Projects, Greenhouse Gas Emissions

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Melanie Conroy

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit in…more

Class Action, Data Breach, Data Privacy, Data Security, Negligence

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Emily Cooke

Searching for Shells: New Federal Law Requires Privately-Held Companies to Disclose Ownership

Tucked away in the recently-passed National Defense Authorization Act is the long-expected Anti-Money Laundering Act of 2020 (AMLA). The AMLA is the most significant update to anti-money laundering (AML) laws in the U.S. in the…more

Corporate Governance, Currency Transaction Reports (CTR), Disclosure Requirements, FinCEN, Privately Held Corporations

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David Coolidge

IRS Issues Proposed Regulations Under Code Section 457(f)

In June 2016, the IRS issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code of 1986, as amended. While the proposed regulations will generally apply to compensation deferred under a plan for…more

Deferred Compensation, Employee Benefits, Forfeiture, Internal Revenue Code (IRC), IRS

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Michael Daly

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses. Hundreds of businesses have…more

Business Interruption, Civil Authority Coverage, Class Action, Class Certification, Commercial Insurance Policies

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Stephen Del Sesto

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

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Jared des Rosiers

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to…more

Disgorgement, Enforcement, Federal Power Act, FERC, Natural Gas Act

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Paula Devereaux

MassDEP Proposes Changes to Chapter 91 Regulations

Applicants for new/renewed licenses must address climate issues - The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate,…more

Climate Change, License Renewals, Licenses, MassDEP, Proposed Amendments

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Joseph Donovan

IRS Announces Application Process for $6 Billion Allocation of Clean Energy Manufacturing and Recycling Project Incentives

On April 29, 2024, the IRS and the Department of Energy (DOE) announced the process by which they will accept and process applications on round two of the Section 48C(e) qualifying advanced project energy tax credit. Section…more

Clean Energy, Department of Energy (DOE), Greenhouse Gas Emissions, IRS, Manufacturers

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Joshua Dunlap

Legislators, Standing, and the Courts

Disputes between members of different branches of government frequently raise thorny issues—and standing is often one of them. The Maine Law Court tackled the issue of legislator standing in its recent decision in Clardy v…more

Bodily Injury, Condition Precedent, Dispute Resolution, SCOTUS, Standing

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R. Thomas Dunn

Avoid Litigation in Multiple Forums - Check the Additional Insured Endorsement

While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI…more

Binding Arbitration, Dispute Resolution, Endorsements, Insurance Industry, Policies and Procedures

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Tess Edwards

In Massachusetts, Your In-Law Apartment No Longer Makes You An Outlaw

As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024. Among…more

Affordable Housing, Housing Developers, Permits, Real Estate Development

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Kris Eimicke

Will Treasury Use Energy Tax Credits to Assist PFAS-Impacted Communities?

Proposed tax regulations to be released this year may clarify whether agricultural land contaminated with per- and polyfluoroalkyl substances (PFAS) qualify for a federal tax credit that would incentivize renewable energy…more

CERCLA, Energy Projects, Energy Tax Incentives, Hazardous Substances, Inflation Reduction Act (IRA)

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James Erwin

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Jeffrey Francis

COVID-19: Business Concerns and Potentially Relevant Insurance Policies

The impacts of the coronavirus are far-reaching. Concern about lost revenue, liability for the health and welfare of workers, their family members, and customers remain top-of-mind for all businesses…more

Business Interruption, Business Losses, Commercial General Liability Policies, Coronavirus/COVID-19, Insurance Claims

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Elizabeth Frazier

Portland Minimum Wage to Increase to $19.50 on January 1

Portland City Council Declines to Repeal State of Emergency, Triggering Hazard Wage Effective 1/1/2022 On Monday, December 20, the Portland City Council voted to postpone action to repeal the current municipal state of…more

Employer Liability Issues, Local Ordinance, Minimum Wage, Wage and Hour

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Jonathan Gelchinsky

Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how courts…more

Corporate Counsel, First Amendment, Intellectual Property Protection, Non-Fungible Tokens (NFTs), Popular

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Peter Gelzinis

Massachusetts High Court Reaffirms "Single Look Doctrine” For Evaluating Liquidated Damages Clause in Commercial Leases

Last week the Supreme Judicial Court of Massachusetts (SJC) held that, despite defaulting only one month into its five-year lease, a commercial tenant is bound by a liquidated damages clause requiring a lump-sum payment of all…more

Commercial Leases, Data Breach, Eviction, Landlords, Liquidated Damages

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Lisa Gilbreath

Will Treasury Use Energy Tax Credits to Assist PFAS-Impacted Communities?

Proposed tax regulations to be released this year may clarify whether agricultural land contaminated with per- and polyfluoroalkyl substances (PFAS) qualify for a federal tax credit that would incentivize renewable energy…more

CERCLA, Energy Projects, Energy Tax Incentives, Hazardous Substances, Inflation Reduction Act (IRA)

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Kyle Glover

Massachusetts Attorney General Clarifies Position on Artificial Intelligence

The Massachusetts Attorney General’s Office (AGO) recently issued an advisory clarifying that existing Massachusetts law applies to artificial intelligence (AI) to the same extent as any other product in the stream of commerce…more

Artificial Intelligence, Breach of Warranty, Consumer Protection Laws, Enforcement, False Advertising

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Olga Goldberg

Maine Court Clarifies Jurisdiction in Certain Property Tax Appeals and Addresses Maine Revenue Services’ Duty to Taxpayers When Changing Policy.

In a unanimous opinion, Maine Law Court relied on the plain language of 36 M.R.S. § 844 to hold that, in a municipality without a board of assessment review (BAR), a taxpayer whose nonresidential property is valued at $1 million…more

Appeals, Jurisdiction, Property Tax, Revenue, Rules of Construction

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Cameron Goodwin

COVID-19: Developments in Class Action Litigation Surrounding Business Interruption Insurance Coverage

Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses. Hundreds of businesses have…more

Business Interruption, Civil Authority Coverage, Class Action, Class Certification, Commercial Insurance Policies

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Mary-Laura Greely

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

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Rebecca West Greenfield

COVID-19: Maine Governor Limits Evictions; Urges Banks and Credit Unions to Stop Foreclosures

On April 16, 2020, Maine Governor Janet Mills issued Executive Order 40 FY 19/20, which, together with The Maine Supreme Judicial Court’s Pandemic Management Order issued on March 18, 2020 (the law court order), is intended to…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Moratorium

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Peter Guffin

First Circuit Offers Lessons to Businesses Facing Cybersecurity Incidents and Class Action Litigation Risk

In Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court’s dismissal of class action claims brought by former pharmacy patients alleging that their sensitive personal information had been…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy, Data Security

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Peter Hale

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Kathleen Hamann

Massachusetts Relaxes Outdoor Mask Requirement and Announces Future Rollback and Lifting of Business Restrictions

Effective April 30, 2021, Order 67 relaxes the Commonwealth’s mask mandate, requiring a face covering outside in public only when not possible to socially distance, or as otherwise required by sector-specific guidance. Face…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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Michael Hernandez

Supreme Court Preserves Availability of Profits Award for Both “Willful” and “Innocent” Trademark Infringement

On April 23, 2020, the U.S. Supreme Court unanimously held in Romag Fasteners, Inc. v. Fossil Group, Inc., 590 U.S. ___ (2020), that the Lanham Act does not impose a “willfulness” prerequisite for awarding profits in trademark…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Kathleen Heyer

Breaking: Massachusetts Legislature Passes Landmark Bill Streamlining Land Deregistration

The Massachusetts Legislature just passed legislation modernizing the procedure for withdrawing land from the registered land system. The legislation, part of the Legislature’s Housing Bond Bill, now goes to the governor’s desk…more

Certifications, Withdrawal

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Christopher Howard

Congress Passes New and Additional Business, Tax Relief Measures in COVID-19 Stimulus Bill

On Monday, December 21, Congress enacted a $900 billion stimulus package to support American workers and businesses impacted by COVID-19. This summary provides an overview of the business and tax relief measures contained in the…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Economic Stimulus, Employee Retention

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Lawrence Hunt

Sunset and Cloudy Skies on Horizon for Federal Estate Taxation

Estate planning and wealth transfer professionals have their eyes on the sky as the future of federal estate taxation grows increasingly nebulous. Background - The federal gift and estate tax exemption is the amount of…more

Estate Planning, Estate Tax, Federal Funding, Generation-Skipping Transfer, Gift Tax

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Andrew Kaplan

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

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Vivian Karian

Sunset and Cloudy Skies on Horizon for Federal Estate Taxation

Estate planning and wealth transfer professionals have their eyes on the sky as the future of federal estate taxation grows increasingly nebulous. Background - The federal gift and estate tax exemption is the amount of…more

Estate Planning, Estate Tax, Federal Funding, Generation-Skipping Transfer, Gift Tax

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Ryan Kelley

Maine Law Court Upholds Sanctions Against Pro Se Litigant in Foreclosure Cases

Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of the…more

Cause of Action Accrual, Declaratory Relief, Foreclosure, Motion to Dismiss, Pro Se Litigants

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Peter Kenlan

COVID-19: Maine Governor Limits Evictions; Urges Banks and Credit Unions to Stop Foreclosures

On April 16, 2020, Maine Governor Janet Mills issued Executive Order 40 FY 19/20, which, together with The Maine Supreme Judicial Court’s Pandemic Management Order issued on March 18, 2020 (the law court order), is intended to…more

Coronavirus/COVID-19, Eviction, Executive Orders, Foreclosure, Moratorium

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Michele Kenney

COVID-19: New Hampshire Revises Universal Guidance for All Businesses (Updated September 9, 2020)

Last Updated September 9, 2020 As New Hampshire continues its phased reopening following COVID-19 business closures, new orders and sector-specific guidance place significant obligations on businesses with respect to employer…more

Coronavirus/COVID-19, Employer Responsibilities, Families First Coronavirus Response Act (FFCRA), Health and Safety, Infectious Diseases

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Suzanne King

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Katharine Kohm

U.S. SBA Corrects Rulemaking on Paycheck Protection Program Loans for Construction Businesses

In a whirlwind of legislation, rulemaking, guidance, and answers to FAQs on the CARES Act, inevitably confusion arose related to business eligibility for the Paycheck Protection Program’s (PPP)…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Loans

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Merrill Kramer

D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas

On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association that…more

Clean Air Act, Environmental Protection Agency (EPA), Fraud, Natural Gas, Regulatory Agenda

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Griffin Leschefske

Federal Regulatory Freeze

Please see chart below…more

Estate Planning, Estate Tax, IRS, Regulatory Agenda, Regulatory Freeze

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Marianna Putnam Liddell

Keep Calm and Plan On: Estate & Gift Changes Ahead

The current federal unified estate and gift tax exemption of $11.7 million per person is set to automatically revert to approximately $6 million on January 1, 2026. However, with a new president and rebalancing in the House and…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption

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Ann Marie Maccarone

Long-Awaited Tax Package Provides Some Relief from Archaic Massachusetts Estate Tax Laws

On October 4, 2023, Massachusetts Governor Maura Healey signed a historic tax relief package titled, “An Act to improve the Commonwealth’s competitiveness, affordability, and equity.” The tax package encompasses a wide range of…more

Estate Tax, Federal Taxes, Personal Property, Tax Relief

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Kellie MacDonald

USCIS Begins Premium Processing for Remaining H-1B Cap-Subject Petitions

On June 10, 2019, USCIS began accepting premium processing requests for all remaining FY 2020 H-1B cap-subject petitions. Petitioners may now file a Form I-907, Request for Premium Processing Service with the USCIS service…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Stephen MacGillivray

Rhode Island Businesses Could Soon Receive Tax Relief

Rhode Island Senate leadership is backing legislation that would exempt the first $100,000 of tangible property from property taxation by municipalities. The tangible tax is currently levied on businesses for property other than…more

Business Taxes, Municipalities, Property Tax, Rhode Island, State and Local Government

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Jacob Manheimer

President Trump Signs New Bankruptcy Legislation – Is Relief from Questionable Bankruptcy Preference Claims In Sight?

On Friday, August 23, President Trump signed into law the “Small Business Reorganization Act of 2019.” The SBRA will take effect in February 2020 and, at long last, may provide some (although probably minimal) relief to…more

Bankruptcy Code, Bankruptcy Reform, Chapter 11, Chapter 7, Commercial Bankruptcy

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Gavin McCarthy

2024 Second Quarter Class Action Update: Trends in First Circuit Class Actions

We are pleased to present our second quarter 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit in…more

Class Action, Data Breach, Data Privacy, Data Security, Negligence

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Sarah McGarrell

First Circuit Gives Green Light to ADA Suits Against Hotels Based on Booking Sites

On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the 1st Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast…more

Americans with Disabilities Act (ADA), Hotels, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

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Katie Nokes Minervino

Essential I-9 Updates: Video I-9 Document Review for Qualifying Employers, a New Form Version, and Wrapping-up COVID Form Compliance

The U.S. government has taken a huge leap forward this week in modernizing the Form I-9 process. Starting August 1, 2023, the Department of Homeland Security (DHS) will allow qualifying employers to review I-9 documents…more

Compliance, Coronavirus/COVID-19, Department of Homeland Security (DHS), Document Review, E-Verify

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Sara Murphy

EPA Adds Seven More PFAS To Toxics Release Inventory Reporting Program for Reporting Year 2024

The U.S. Environmental Protection Agency (EPA) continues to add specific per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) program under Section 313 of the Emergency Planning and Community…more

Environmental Protection Agency (EPA), Final Rules, Hazardous Substances, PFAS

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Kyle Noonan

Maine Office of Securities Enforcement Update

The Maine Office of Securities enforces Maine’s securities laws, licenses broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives, and reviews registration statements and exemption…more

Broker-Dealer, Cease and Desist Orders, Chapter 11, Consent Order, Cryptocurrency

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Richard Novak

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey…more

Clean Energy, Climate Action Plan, Energy Projects, Energy Reform, Energy Sector

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Michelle O'Brien

EPA Designates Two PFAS as Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,…more

CERCLA, Contamination, Discharge of Pollutants, Drinking Water, Environmental Policies

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Matthew O'Connor

Rhode Island’s Amended Joint Tortfeasor Causes Increased Certainty in the Settlement of Multi-Party Negligence Matters

Anyone who has handled tort claims in Rhode Island, including personal injury and negligence matters, knows that the resolution of these claims is complicated by the presence of multiple defendants. These complications come by…more

Construction Industry, Construction Project, Contractors, General Contractors, Subcontractors

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Gareth Orsmond

Breaking: Massachusetts Legislature Passes Landmark Bill Streamlining Land Deregistration

The Massachusetts Legislature just passed legislation modernizing the procedure for withdrawing land from the registered land system. The legislation, part of the Legislature’s Housing Bond Bill, now goes to the governor’s desk…more

Certifications, Withdrawal

See all updates »

Ariel Pardee

New Hampshire Enacts Consumer Data Privacy Act

It’s official – New Hampshire has joined the procession of states across the nation (from California to Connecticut and many states in between) enacting broadly applicable consumer privacy laws…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Retention, Data Storage

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Donald Pinto Jr.

Christmas In August For Massachusetts Real Estate Developers Is Good News For Housing Production

In its $5.2 billion Affordable Homes Act (AHA) signed by Gov. Maura Healey last week, the Massachusetts Legislature came down the chimney with some presents that have been on developers’ wish lists for decades. In addition to…more

Affordable Housing, Merger Doctrine, Real Estate Development

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Mark Pogue

Now is the Time to Appeal Excessive 2022 Rhode Island Commercial Property Tax Assessment

January 31, 2023 is the first of several deadlines that must be met in order to appeal your excessive property tax assessment. If you miss it, you will be foreclosed from bringing an appeal, or even effectively arguing that the…more

Commercial Property Owners, Property Owners, Property Tax, Property Valuation, Tax Appeals

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Katherine Porter

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Scott Pueschel

Federal: SBA Issues Guidance on Paycheck Protection Program - UPDATE

The Small Business Administration (SBA) and U.S. Treasury have once again updated their Frequently Asked Questions (FAQs), revising their April 6 guidance for borrowers and lenders. The SBA has made it clear that the U.S…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Paycheck Protection Program (PPP)

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Katharine Rand

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Vivek Rao

New Hampshire Enacts Consumer Data Privacy Act

It’s official – New Hampshire has joined the procession of states across the nation (from California to Connecticut and many states in between) enacting broadly applicable consumer privacy laws…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Retention, Data Storage

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Robert Ravenelle

Maine Tax Changes Following End of COVID-19 State of Emergency

On June 30, 2021, Maine Revenue Services (MRS) published a Tax Alert describing changes to COVID-19 tax relief programs following the end of Maine’s state of civil emergency, also on June 30. Below is a summary of the key…more

Coronavirus/COVID-19, Income Taxes, Property Tax, Sales & Use Tax, State Taxes

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Brian Rayback

D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas

On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association that…more

Clean Air Act, Environmental Protection Agency (EPA), Fraud, Natural Gas, Regulatory Agenda

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Nolan Reichl

When Do Smartphone Apps Create Binding Contracts? The Maine Law Court Weighs In

The Maine Supreme Judicial Court recently issued its first opinion on the enforceability of contracts formed using a smartphone app. (Sarchi, et al. v. Uber Technologies, Inc., et al., 2022 ME 8) In a unanimous decision, the…more

Arbitration, Arbitration Agreements, Binding Arbitration, Contract Terms, Mobile Apps

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Sarah Remes

Part 4: Making a COVID-19 Tuition Suit Last

We recently highlighted two Boston-based COVID-19 tuition refund class action suits, against Brandeis University and Boston College, and the impact of a provision in the Commonwealth’s Fiscal Year 2024 Budget that grants…more

Class Action, Colleges, Coronavirus/COVID-19, Refunds, Tuition

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Randall Rich

D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas

On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association that…more

Clean Air Act, Environmental Protection Agency (EPA), Fraud, Natural Gas, Regulatory Agenda

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Lucus Ritchie

Overdraft Class Action Litigation: Recent Developments in Maine

Financial institutions have been facing class action lawsuits regarding overdraft and return item (NSF) fees since the early 2000s. Initially, the lawsuits were focused on the largest national banks. Over time, plaintiffs’…more

Banking Sector, Banks, Class Action, Financial Institutions, Overdraft Fees

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Sheya Rivard

Avoid Litigation in Multiple Forums - Check the Additional Insured Endorsement

While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI…more

Binding Arbitration, Dispute Resolution, Endorsements, Insurance Industry, Policies and Procedures

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Ann Robinson

New Maine Law Will Streamline Application Process for On-Premise Liquor License

Effective August 9, 2024, a new Maine law has streamlined the application process for obtaining a license for the wholesale or retail sale of liquor. This will be especially helpful for any bar or restaurant seeking to obtain an…more

Applications, Investors, Liquor Control Boards, Liquor Licences, Wine & Alcohol

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Mark Rosen

Maine Office of Securities Enforcement Update

The Maine Office of Securities enforces Maine’s securities laws, licenses broker-dealers, broker-dealer agents, investment advisers, and investment adviser representatives, and reviews registration statements and exemption…more

Broker-Dealer, Cease and Desist Orders, Chapter 11, Consent Order, Cryptocurrency

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Nicholas Salalayko

IRS Announces Application Process for $6 Billion Allocation of Clean Energy Manufacturing and Recycling Project Incentives

On April 29, 2024, the IRS and the Department of Energy (DOE) announced the process by which they will accept and process applications on round two of the Section 48C(e) qualifying advanced project energy tax credit. Section…more

Clean Energy, Department of Energy (DOE), Greenhouse Gas Emissions, IRS, Manufacturers

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Matthew Stein

Fast Fashion Retailer Settles FTC Allegations of Customer Review Manipulation for $4.2 Million

Many shoppers will not purchase any product or service without first reading the reviews of prior customers. Therefore, retailers may be tempted to more prominently display the positive reviews and/or suppress negative reviews…more

Federal Trade Commission (FTC), Internet Retailers, Marketing, Online Reviews, Unfair or Deceptive Trade Practices

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Daniel Strader

Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United States. Importantly,…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Andrea Suter

New Maine Law Will Streamline Application Process for On-Premise Liquor License

Effective August 9, 2024, a new Maine law has streamlined the application process for obtaining a license for the wholesale or retail sale of liquor. This will be especially helpful for any bar or restaurant seeking to obtain an…more

Applications, Investors, Liquor Control Boards, Liquor Licences, Wine & Alcohol

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Sarah Tracy

Maine Legislature Enacts Law for Offshore Wind Development

On July 27, 2023, Maine Governor Janet Mills signed into law An Act Regarding the Procurement of Energy from Offshore Wind Resources. The Act calls for the responsible development of three gigawatts of offshore wind power in…more

Economic Development, National Marine Fisheries Service, Offshore Wind, Public Utilities Commission, Renewable Energy

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Shannon Vittengl

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by…more

Copyright, Design Patent, Digital Assets, Fashion Branding, Fashion Industry

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Barbara Wheaton

Federal Regulatory Freeze

Please see chart below…more

Estate Planning, Estate Tax, IRS, Regulatory Agenda, Regulatory Freeze

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Eric Wycoff

Trying Times for Secondary Market for Consumer Debts

Those engaged in the business of selling consumer debt or of purchasing delinquent consumer debt for collection purposes are well-advised to take heed of the recent developments on the judicial and legislative fronts that have…more

Automotive Loans, Consumer Financial Products, Consumer Lenders, Debt Buyers, Debt Collection

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Soyoung Yoon

Massachusetts Requires Pay Range Disclosure and Pay Data Reporting

On July 31, 2024, Massachusetts Governor Maura T. Healey made it official – with the goal of closing existing wage gaps, Massachusetts is the latest state to require employers to disclose pay range information…more

Anti-Retaliation Provisions, Disclosure Requirements, EEO-1, Enforcement, Job Ads

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