Author Info for Bowditch & Dewey

Christine Baglioni

You Just Hit “Send.” Did You Also Form a Valid, Binding Contract?

In Boulay v. Boulay, the Land Court addressed whether email correspondence may constitute a valid, binding contract in the context of a real estate transaction. In Massachusetts, a specific pitfall of negotiations via email is…more

Binding Agreements, Contract Formation, Contract Negotiations, Email, Real Estate Transactions

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Paul Bauer

Silicon Valley Bank Closure Impact on Lease Security

The impact of the California Department of Financial Protection and Innovation taking possession of Silicon Valley Bank (SVB) and appointing the Federal Deposit Insurance Corporation as receiver for SVB is receiving thorough…more

Banking Sector, Banks, Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants

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Tracy Thomas Boland

Connecticut Legislature Passes Significant Expansion of Paid Sick Leave Benefits for Employees

On May 6, 2024, the Connecticut Senate passed legislation that, once signed into law, will significantly expand the State’s paid sick leave statute, including broadening the statute’s scope to cover almost all employers and…more

Connecticut, Employee Benefits, New Legislation, Notice Requirements, Paid Sick Leave

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Meaghan Borys

[Webinar] Title IX Regulations Compliance Check-in: Title IX Implementation Challenges (Higher Education Roundtable) - August 22nd, 11:00 am ET

The Title IX regulations became effective on August 1, 2024. In the days and weeks leading up to and following implementation, colleges across the country have updated their policies and procedures, notices of nondiscrimination,…more

Colleges, Employee Training, New Regulations, Policies and Procedures, Professors

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Scott Cashman

Death and Taxes – Deceased Taxpayers Still Waiting for Tax Refunds

The Internal Revenue Service recently acknowledged systemic problems processing tax returns for deceased taxpayers who are due to receive a tax refund. The National Taxpayer Advocate (TAS) reported that the IRS experienced…more

Deceased, Delays, Failure-to-File, IRS, Tax Refunds

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Zachary Chupak

Cryptocurrency Wash-Sale Loss Harvesting

The IRS wash-sale rule does not currently apply to cryptocurrency because the IRS considers virtual currencies to be property rather than securities. In general, a taxpayer who exchanges cryptocurrency for goods, services or…more

Capital Assets, Capital Gains Tax, Cryptocurrency, Income Taxes, IRS

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Peter Cifichiello

Top Considerations When Preparing to Sell a Company

Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work with…more

Buyers, Commercial Leases, Contract Negotiations, Environmental Site Assessment, Financial Statements

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Katherine Dorval

Do Your Beneficiary Designations Coordinate with Your Will?

Many people fear the word probate, and it is not without reason. Probate can be a tedious, expensive and lengthy process, where you are at the whim of the court’s timeline. But what is probate? Probate is when you must petition…more

Asset Management, Beneficiaries, Beneficiary Designations, Estate Planning, Probate

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Nina Dow

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions…more

Beneficiaries, Beneficiary Designations, Estate Planning, Estate Tax, Inherited IRA

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Anthony Dragga

I Made a Mistake on My Taxes – Now What Do I Do?

Mistakes happen, and the tax law can be complex and ambiguous. The question becomes, what does a taxpayer do if they discover a mistake on their tax return? Should an amended tax return be filed? In some cases, the taxpayer will…more

Amended Tax Returns, Income Taxes, IRS, Tax Liability, Tax Returns

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Andrea Dunbar

The Massachusetts Parentage Act is Here: Learn What It Means for Families

Massachusetts is no longer the only state in New England without protections for parentage. The Massachusetts legislature passed the Massachusetts Parentage Act (the “MPA”) late Thursday, and the bill is expected to be signed by…more

LGBTQ, Minor Children, Parental Rights, Paternity, Surrogacy Contracts

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Joseph Duquette

What Does the Town of Milton’s Noncompliance Mean for Future Compliance with MBTA Communities Law?

On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 177 MBTA communities for compliance with M.G.L. c. 40A, § 3A…more

Affordable Housing, Community Development, Deadlines, Economic Development, Housing Developers

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Amy Fabiano

3-Part Series: Fall Semester Is Underway, Is Your College Up to Date on the Latest Federal Civil Rights Guidance? Part 3

In this three-part series, we’ll review the latest federal civil rights guidance, including Title VI, ADA and Section 504, and Title IX…more

Colleges, Department of Education, OCR, Pregnancy Discrimination, School Policies

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Rory Fazendeiro

Key Legal Tips to Maximize Your Understanding and Use of Software-as-a-Service Agreements

“Software-as-a-Service,” commonly known as “SaaS,” is a subscription-based software distribution model in which the vendor allows users to connect to and use cloud-based applications over the Internet for the subscribed term…more

Auto-Renewal, Cloud Service Providers (CSPs), Contract Negotiations, Data Rights, Indemnity

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Mary Feeney

Lockdown Breakthrough? Remote Fulfillment Guidelines Permit Partial Re-Opening of Retail Establishments

In a revised set of FAQs issued May 4, the Executive Office of Housing and Economic Development provided guidance to non-essential businesses who wish to resume operations to remotely fulfill online or phone orders. Under the…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Public Health

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David Felper

Client Alert: NLRB Expands Unfair Labor Practice Penalties in All Workplaces

On December 13, 2022, the National Labor Relations Board (NLRB) issued a 3-2 decision significantly increasing the potential penalties for unfair labor practices prohibited by the National Labor Relations Act (NLRA). In its…more

Medical Expenses, NLRA, NLRB, Unfair Labor Practices, Unions

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Katherine Garrahan

A Checklist for Adjusting Your Brewery for Phase II in Massachusetts

The below is a general checklist of questions and issues you should review while contemplating any changes of use, service, expansion to outdoor uses or other departures from your prior operations as a result of COVID-19…more

Beer, Beverage Manufacturers, Breweries, Business Operations, Commercial Leases

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Brian Grossman

Bond Bill Allows By-Right Accessory Dwelling Units

On August 6, 2024, Governor Healey signed “The Affordable Homes Act” into law. This ambitious bill authorizes $5.16B and encompasses various policies aimed at spurring housing development. It is anticipated that the new…more

Accessory Dwelling Units (ADUs), Affordable Housing, Housing Developers, New Legislation

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Darcy Hamilton

Increased Flexibility for 529 College Savings Accounts

Beginning in 2024, due to new rules within the SECURE Act 2.0, federal law now allows for up to $35,000 in a 529 account to be rolled over to a Roth individual retirement account (“IRA”) for the beneficiary of the 529 account…more

529 Plans, Employee Benefits, Individual Retirement Account (IRA), Required Minimum Distributions, Retirement

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Brigid Harrington

District of Mass. Rules on Title VI Antisemitism Case

On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret…more

Anti-Discrimination Policies, Civil Liability, Civil Rights Act, Colleges, Educational Institutions

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Benjamin Hinks

Connecticut Legislature Passes Significant Expansion of Paid Sick Leave Benefits for Employees

On May 6, 2024, the Connecticut Senate passed legislation that, once signed into law, will significantly expand the State’s paid sick leave statute, including broadening the statute’s scope to cover almost all employers and…more

Connecticut, Employee Benefits, New Legislation, Notice Requirements, Paid Sick Leave

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Charles Hunsinger

A Lesson on Presumptive Durational Limit of Alimony

The Appeals Court recently entered a judgment in the case of S.S. v. S.S holding that it was error for the trial judge to have deviated from the presumptive durational limit of alimony. The parties were married in 2009. Both…more

Alimony, Burden of Proof, Divorce, Mental Health, Spouses

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Carly Krolak

Federal District Court Strikes Down FTC Non-Compete Ban

In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Danielle Jurema Lederman

Tip Credits – Striking Down the Federal Rule & Massachusetts Ballot Question

On August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (“DOL”) 80/20/30 Rule, which set parameters for how employers can use tip credits under the Fair Labor Standards…more

Ballot Measures, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit

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Eileen Lee Breger

Estate Planning: The Irrevocable Life Insurance Trust

There is a common misconception that life insurance benefits are not subject to estate tax. While the proceeds of a life insurance policy are not taxable income to the beneficiaries, they are part of a person’s taxable estate if…more

Estate Planning, Estate Tax, Irrevocable Life Insurance Trusts, Irrevocable Trusts, Life Insurance

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Sarah Lovejoy

Tip Credits – Striking Down the Federal Rule & Massachusetts Ballot Question

On August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (“DOL”) 80/20/30 Rule, which set parameters for how employers can use tip credits under the Fair Labor Standards…more

Ballot Measures, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Wage, Tip Credit

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Rebecca MacGregor

Tales from the Docket: Who Gets the Money When a Trust Fails?

In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy…more

Beneficiaries, Estate Planning, Heirs, Probate Courts, Trust Assets

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Steven Manchel

New FTC Rule Imposes Sweeping Ban on Non-Compete Agreements with Workers

In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment…more

Federal Trade Commission (FTC), FTC Act, Hiring & Firing, New Rules, Non-Compete Agreements

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Peter Martin

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in…more

Affordable Care Act, Age Discrimination, Covered Entities, Department of Health and Human Services (HHS), Disability Discrimination

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Samantha McDonald

Massachusetts Commits $171MM for Programs to Help Tenants and Landlords Impacted by COVID-19

As we have previously reported, in March the Commonwealth instituted an eviction and foreclosure moratorium which, among other things, provided a financial backstop for landlords effected by their tenants’ inability to make rent…more

Borrowers, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Robin Lynch Nardone

Familiarize Yourself with Rule 411 – Automatic Restraining Order

Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,…more

Divorce, Marital Assets, Marriage, Personal Property, Property Ownership

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Julie O'Neill

Issuing Stock Options? Be Careful!

Many corporations use stock options to incentivize employees and other service providers. A stock option is a right granted by a corporation to an employee, consultant or advisor that provides such employee, consultant or…more

Employee Stock Purchase Plans, Incentive Compensation, Incentive Stock Options, Stock Issuance, Stock Options

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Lynette Paczkowski

Five Key Changes to Massachusetts Child Support Guidelines

Federal law requires that child support guidelines be reviewed every four years, consider the economic costs of raising children, and take into account certain other factors, such as the noncustodial parent’s ability to…more

Child Care, Child Support, Child Support Modification, Health Insurance

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Neal Pandozzi

Lies and Half-Truths and Omissions, Oh My! Considering Rule 10b-5(b) after Macquarie Infrastructure Corp. v. Moab Partners L.P. from a Public Finance Perspective

SEC Rule 10b-5(b) makes it unlawful, in connection with the offer and sale of securities, for any person to make any untrue statement of material fact or omit to state a material fact when the omission renders any statements…more

Failure To Disclose, Item 303, Material Misrepresentation, Municipal Securities Issuers, Omissions

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Matthew Ray

Top Considerations When Preparing to Sell a Company

Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work with…more

Buyers, Commercial Leases, Contract Negotiations, Environmental Site Assessment, Financial Statements

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Raymond Ripple

Rhode Island Employers Take Note – New Penalties for Wage & Hour Violations Begin January 1, 2024

As of January 1, 2024, a new amendment to the Rhode Island Payment of Wages Act, R.I. Gen. Laws § 28-14-1, et seq. (the “Wage Act”) will impose criminal liability for certain wage and hour violations by Rhode Island employers,…more

Amended Regulation, Criminal Liability, Employer Liability Issues, Independent Contractors, Labor Law Violations

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Christopher Rock

The Corporate Transparency Act – FinCEN Filing Reminders and Legal Updates

The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024. In March 2024, a U.S. District Court from the Northern District of Alabama held that the CTA was unconstitutional [Nat’l Small Business United et…more

Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Aastha Sharma

Key Legal Tips to Maximize Your Understanding and Use of Software-as-a-Service Agreements

“Software-as-a-Service,” commonly known as “SaaS,” is a subscription-based software distribution model in which the vendor allows users to connect to and use cloud-based applications over the Internet for the subscribed term…more

Auto-Renewal, Cloud Service Providers (CSPs), Contract Negotiations, Data Rights, Indemnity

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Kristin Wildman Shirahama

Massachusetts Supreme Judicial Court Ruled Irrevocable Income-Only Trusts a Viable Tool in Long-term Care Planning

In Mary E. Daley v. Secretary of the Executive Office of Health and Human Services and Lionel C. Nadeau v. Director of the Office of Medicaid, which were consolidated in an appeal to the Massachusetts Supreme Judicial Court, the…more

Charitable Donations, Estate Planning, Irrevocable Trusts, Life Estates, Long-Term Care

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Joshua Lee Smith

Land Court Finds that Texting Can Bind Parties

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy…more

Binding Contractual Rules, Commercial Real Estate Contracts, Contract Formation, Contract Terms, Electronic Communications

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Catherine Spanu

Accurately Completing Financial Statements When Obtaining a Divorce

Everyone who obtains a divorce in Massachusetts will have to file a crucial document at least once in their case: a financial statement. The importance of an accurate financial statement cannot be overstated, particularly in…more

Divorce, Family Law Courts, Financial Statements, Marital Assets, Probate

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Dajana Stajko

Tax Tips for New College Graduates

As new college graduates cross the stage to receive their diplomas, many will also be heading to their first full-time jobs. There are some tax tips new graduates can implement early on that will help with savings in the long…more

401k, Flexible Spending Accounts, Gig Economy, Income Taxes, Individual Retirement Account (IRA)

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Timothy Van Dyck

Federal District Court Strikes Down FTC Non-Compete Ban

In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Chelsie Vokes

The Supreme Court’s Chevron Decision Impacts Employers, Particularly in Healthcare and Higher Education Industries

On Friday, June 28, the Supreme Court struck down 40 years of legal precedent by invalidating the doctrine of Chevron deference in its decision in Loper Bright Enterprises v. Raimondo. The Supreme Court’s decision will…more

Administrative Procedure Act, Chevron Deference, Government Agencies, Loper Bright Enterprises v Raimondo, SCOTUS

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Robert Young

MCAD Announces Draft of Updated Harassment Guidelines and Seeks Public Comment

On January 25, 2024, the Massachusetts Commission Against Discrimination (MCAD – see Note 1) announced new draft guidelines titled “Guidelines on Harassment in the Workplace” (the “Draft Guidelines”). The Draft Guidelines are…more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Employment Discrimination, Hostile Environment

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Amanda Zuretti

Massachusetts Governor Healey Signs Legislation to Permit As of Right Withdrawal of Registered Land

On August 6, 2024, Governor Healey signed amending legislation that will allow owners of registered land in Massachusetts to voluntarily withdraw the registered land from the jurisdiction of the Land Court under a long hoped-for…more

Amended Legislation, Land Courts, Land Owners, Land Registries, Land Titles

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