Goulston & Storrs PC

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400 Atlantic Avenue
Boston, MA 02110-3333, United States
Phone: (617) 574-6410
Fax: (617) 574-4112
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
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  • Labor & Employment Law
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  • Securities Law
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  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Other U.S. Locations
  • D.C.
  • Massachusetts
  • New York
Number of Attorneys
100+ Attorneys

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, Environmental Policies

See all updates »

New Bill Will Tax Real Estate “Promote” as Carried Interest Subject to Three-Year Holding Period

Senators Manchin and Schumer this week announced that the “Inflation Reduction Act of 2022” will be added to the FY2022 Budget Reconciliation bill. The bill includes changes to Section 1061 of the Code (which was added to the…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Income Taxes, IRS

See all updates »

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)…more

Building Permits, Bylaws, Churches, Contract Terms, Cremation

See all updates »

Exclusion of Consequential Damages (UPDATED)

Market Trends: What You Need to Know - As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies: In 2021, 10% of the merger and acquisition purchase agreements covered by…more

Breach of Contract, Buyers, Consequential Damages, Contract Terms, Corporate Sales Transactions

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

What's Market? Update: Delaware Corporate and M&A

Fee Shifting and Forum Selection Clauses - Much attention has been paid to Delaware legislative developments regarding fee shifting and forum selection clauses. On June 24, 2015, Delaware Governor Jack Markell signed into…more

Attorney's Fees, Breach of Duty, Confidentiality Agreements, Controlling Stockholders, Corporate Dissolution

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NYC’s Recent COVID-19 Legislation Limits Enforcement of Personal Liability Provisions and Prohibits Harassment for Certain Commercial Tenants

On May 26, 2020, the New York City Council passed two laws, effective immediately, intended to provide relief to certain commercial tenants during the COVID-19 pandemic. These laws supplement federal relief bills and the…more

Anti-Harassment Policies, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction

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To Sell Or Not To Sell: Five Things To Consider

It’s the great American dream: Build a great company and then sell it for enough money that neither you nor the ones you love will ever have to worry about finances again…more

Business Development, Business Plans, Closely Held Businesses, Corporate Sales Transactions, Estate Planning

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Biden’s FY2023 Budget: Key Real Estate & Corporate Tax Proposals

On March 28, 2022, President Biden released his FY2023 budget (the “FY2023 Budget”), and the U.S. Treasury released the so-called “Green Book,” which provides details related to the revenue provisions in the FY2023 Budget. The…more

Base Erosion and Anti-Abuse Tax (BEAT), Biden Administration, Capital Gains, Depreciation, Federal Budget

See all updates »

Massachusetts Significantly Limits Types of Construction Projects Permitted as COVID-19 Essential Services

On March 31, 2020, Governor Baker issued an order extending his March 23rd emergency order temporarily closing bricks-and-mortar premises of businesses that do not provide COVID-19 Essential Services to May 4.  As part of the…more

Business Closures, Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Office of Planning Introduces First Phase of Amendments to Increase Inclusionary Zoning

On January 18, 2021, the Office of Planning (“OP”) introduced its first set of proposed amendments to the Inclusionary Zoning (“IZ”) Regulations to increase inclusionary housing requirements, known as “IZ XL.”…more

Community Development, Housing Developers, Inclusionary Housing Ordinance, Real Estate Development, Regulatory Standards

See all updates »

Disclosure Schedule Updating for COVID-19 Effects

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community…more

Coronavirus/COVID-19, Corporate Sales Transactions, Disclosure Requirements, Merger Agreements, Purchase Agreement

See all updates »

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

See all updates »

Key Reopening Issues & Considerations for Massachusetts Employers

In our recent webinar, Moving Forward: Key Reopening Issues & Considerations, Goulston & Storrs attorneys explored the new set of challenges employers face as Massachusetts lifts the remaining COVID-19 restrictions…more

ADA, Civil Rights Act, Coronavirus/COVID-19, EEOC, Employee Incentive Plans

See all updates »

New York City Vaccine Mandate for Certain Indoor Activities

In early August 2021, New York City Mayor Bill de Blasio announced Key to NYC, which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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PPP2, Real Estate, and Tax Highlights of Year-end COVID-Relief Act (The Consolidated Appropriations Act, 2021)

The massive Consolidated Appropriations Act, 2021 (the “Act”), providing year-end COVID-19 relief, was signed into law by President Trump on Sunday, December 27, 2020. Among other changes, the Act extends and makes clarifying…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Forgiveness, New Legislation

See all updates »

PPP Update – Paycheck Protection Flexibility Act

PPP UPDATE – PPP Flexibility Act Reduces Amount Required to be Spent on Payroll; Expands Time Period for Forgiveness and Rehiring Employees; Permits Forgiveness Recipients to Defer Payroll Taxes..…more

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

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Starting the Conversation: Discussing Family Wealth and Values with Children

According to a January 2019 survey, roughly two out of three parents express some reluctance about discussing money and financial topics with their children. Parental anxieties about financial status, adult matters, and kids…more

Estate Planning, Financial Planning, Transfer of Assets, Wealth Management

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What’s Old is New Again: Department Stores Partner with Online-Only Secondhand Apparel Companies

Apparel merchandisers are predicting that resale will soon become a force in the industry and retailers are beginning to take notice. Increasingly, young shoppers are turning to online, resale and rental for their clothing needs…more

Brick-and-Mortar Stores, E-Commerce, Fashion Industry, Internet Retailers, JCPenney

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Extended Again: No Policy Changes for EB-5, Yet

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple…more

EB-5, EB-5 Regional Centers, Economic Development, Foreign Investment, Immigrant Investor Program

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Texts that Bind: Text Messages May Form Binding Real Property Contract

Last month, in St. John’s Holdings, LLC v. Two Electronics, LLC (No. 16 MISC 000090 (RBF)), a Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute the…more

Commercial Contracts, Corporate Counsel, Electronic Communications, Letters of Intent, Real Estate Brokers

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Update on Main Street Program: Companies For Which a Main Street Loan Could Be a Good Fit

The Federal Reserve’s Main Street Lending Program has been the subject of much commentary and criticism in the past two months – both in the press and in Congress – generally based on the views that the program is off to a slow…more

CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve, Financial Stimulus

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New York Court of Appeals Clarifies Lawyer Misconduct Subject to N.Y. Judiciary Law § 487

On March 31, 2020, the New York Court of Appeals issued a significant decision concerning the scope of New York Judiciary Law § 487.  See Bill Birds, Inc. v. Stein Law Firm, P.C., --- N.E.3d ----, 2020 WL 1521903 (N.Y. Mar. 31,…more

Attorney Misconduct, Client Services, Frivolous Lawsuits, Legal Ethics, Legal Representatives

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ICSC U.S. Law Conference 2021

The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Contract Terms, Frustration of a Common Purpose

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Key Reopening Issues & Considerations for Massachusetts Employers

In our recent webinar, Moving Forward: Key Reopening Issues & Considerations, Goulston & Storrs attorneys explored the new set of challenges employers face as Massachusetts lifts the remaining COVID-19 restrictions…more

ADA, Civil Rights Act, Coronavirus/COVID-19, EEOC, Employee Incentive Plans

See all updates »

The Fed Updates the Main Street Lending Program As of June 15, 2020

The Main Street Lending Program has opened for lender registration as of June 15, 2020, and interested lenders may register using the portal on the Federal Reserve Bank of Boston’s website. This client memo summarizes recent…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Extended Again: No Policy Changes for EB-5, Yet

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple…more

EB-5, EB-5 Regional Centers, Economic Development, Foreign Investment, Immigrant Investor Program

See all updates »

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)…more

Building Permits, Construction Project, Estoppel, Eviction, Leases

See all updates »

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed as a…more

Breach of Contract, Business Interruption, Commercial Leases, Commercial Tenants, Common Law Claims

See all updates »

Final Regulations Go Into Effect for CFIUS Jurisdiction Expansion

The U.S. Department of Treasury has issued final regulations, which became effective February 13, 2020, implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)…more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions, Filing Fees

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Major Changes to District of Columbia Zoning Regulations

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new…more

Construction Industry, Educational Institutions, Land Developers, Museums, Public Utility

See all updates »

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in…more

Beneficiaries, Bernie Madoff, Breach of Duty, Fiduciary Duty, Investment Opportunities

See all updates »

More States are Allowing College Athletes to Profit off Their Name, Image and Likeness

There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL…more

College Athletes, Compensation, Educational Institutions, Intellectual Property Protection, Name and Likeness

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Coalition Loyalty Programs Spread to Retail Shopping In the U.S.

Seven major brands, including Macy’s, Rite Aid and ExxonMobil, recently joined forces to launch “Plenti,” a loyalty program that encompasses an entire team of retailers. American Express, which operates the program, previously…more

American Express, Customer-Loyalty Programs, Exxon Mobil, Kohls, Macy's

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What can Amazon do for you?

Economists and industry experts – and the data – agree on little when it comes to holiday sales.  In December, a mere ten days after the National Retail Federation proclaimed that a record 190 million consumers shopped over…more

Amazon Marketplace, Analytics, Brick-and-Mortar Stores, Cyber Monday, E-Commerce

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

Settlement Opens Door For Outer Borough Outlet Centers

In August 2017, Simon Property Group (“SPG”) and the Office of the Attorney General of the State of New York (“NYAG”) entered into an Assurance of Discontinuance (the “Settlement”) regarding alleged anti-competitive effects of…more

Anti-Competitive, Discount Retailers, Retail Market, Retailers, Settlement

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Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed as a…more

Breach of Contract, Business Interruption, Commercial Leases, Commercial Tenants, Common Law Claims

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

Airbnb Slashes Boston Inventory to Meet New Requirements

The number of Airbnb listings in Boston has been cut in half due to local ordinances regulating the operation of short-term rentals. Boston is not the only city pushing back on Airbnb, a company that is battling local city…more

AirBnB, Homeowners, Hospitality Industry, IPO, Local Ordinance

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Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends

A federal district court in Manhattan recently handed down a telling decision addressing an issue at the fore of digital advertising — whether trademark law prohibits an organization from purchasing a competitor’s trademark as a…more

Alzheimer's, Charitable Organizations, E-Commerce, Intellectual Property Protection, Internet Marketing

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Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the importance…more

Building Permits, Building Standards, Construction Project, Energy Projects, Real Estate Development

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New York State LIBOR Transition Bill Signed into Law

On April 6, 2021, New York Governor Andrew Cuomo signed into law Senate Bill S297B/Assembly Bill 164B (the “New York Legislation”), which paves the way for a smoother transition from US Dollar LIBOR and, in particular, addresses…more

Alternative Reference Rates Committee (ARRC), Benchmarks, Financial Regulatory Reform, Financial Services Industry, ICE Benchmark Administration (IBA)

See all updates »

New Bill Will Tax Real Estate “Promote” as Carried Interest Subject to Three-Year Holding Period

Senators Manchin and Schumer this week announced that the “Inflation Reduction Act of 2022” will be added to the FY2022 Budget Reconciliation bill. The bill includes changes to Section 1061 of the Code (which was added to the…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Income Taxes, IRS

See all updates »

Shopping for Milk, Bread and Signatures: Massachusetts Supreme Judicial Court Allows Solicitation of Political Nomination Signatures on Stand-alone Retailer’s Private Property

A recent decision issued by the Supreme Judicial Court of Massachusetts has expanded a citizen’s right to conduct political activity on a retailer’s private property. In the case, STEVEN M. GLOVSKY vs. ROCHE BROS. SUPERMARKETS,…more

Grocery Stores, Political Campaigns, Polling, Private Property, Retailers

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Massachusetts Imposes Additional Potential Liability on Employers for Wage-and-Hour Compliance

In a departure from earlier court decisions, the Massachusetts Supreme Judicial Court (SJC) has imposed additional potential liability on employers for wage-and-hour compliance. In Reuter v. City of Methuen, the SJC explained…more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

See all updates »

BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

See all updates »

Coronavirus: Impact on the Retail Industry

Coronavirus Disease 2019 or “COVID-19” continues to dominate national and international discussion. News outlets in Boston, New York, London, Mumbai, Rio de Janeiro, Tokyo, and every other city and town in the world continue to…more

Brick-and-Mortar Stores, Business Continuity Plans, Business Interruption, China, Coronavirus/COVID-19

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Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located…more

Catholic Church, Compelling Governmental Interest, First Amendment, Free Exercise Clause, Fulton v Philadelphia

See all updates »

PPP2, Real Estate, and Tax Highlights of Year-end COVID-Relief Act (The Consolidated Appropriations Act, 2021)

The massive Consolidated Appropriations Act, 2021 (the “Act”), providing year-end COVID-19 relief, was signed into law by President Trump on Sunday, December 27, 2020. Among other changes, the Act extends and makes clarifying…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Forgiveness, New Legislation

See all updates »

Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020.  Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

On the Origin of Retail: An Evolutionary Analysis

“Retail Apocalypse!” “Amazon Takeover!” “Goodbye, Brick-and-Mortar!” These reflect the flavor of headlines these past few years: one of a retail Armageddon, or the end as we know it of brick-and-mortar…more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers, Mixed-Use Zoning, Retail Market

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SBA PPP Loan Applications for Hotels

Applying for a PPP (Paycheck Protection Program) loan for your hotel? First, reach out to your lender to confirm that it is accepting applications and submitting them to the Small Business Administration (SBA) on the same day,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Hotels

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Increased Charitable Giving in the Time of COVID: Philanthropy or Tax Driven?

Even before the global COVID-19 pandemic hit, retailers across the country were already prioritizing charitable giving despite the existing downward trend in sales and revenue.  With the recent global COVID-19 pandemic and the…more

Charitable Donations, Coronavirus/COVID-19, Economic Downturn, Infectious Diseases, Manufacturers

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Private Funds Should Prepare For More SEC Oversight In 2022

Growth in the private funds industry has been exponential in recent years and shows no sign of slowing down. Industry experts estimate that investors pay private equity and hedge funds more than $250 billion a year in fees and…more

Fees, Fiduciary Duty, Hedge Funds, Investment, Private Equity Funds

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What's Market? Update: Maryland REIT

For many years, it was assumed and accepted that Delaware corporate law was more advantageous to corporations than the corporate law of other states. While Delaware case law regarding corporations is still more developed than…more

Acquisition Agreements, Board of Directors, Corporate Liability, Delaware General Corporation Law, Investment

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No, Insurance is Not the Solution to the Problem

At least not in the short-term, and perhaps, for most, not at all. Here’s why and what you should be doing now: By now, most of you have received – either directly or indirectly – notes, articles and missives of type…more

Business Interruption, Civil Authority Coverage, Coronavirus/COVID-19, Ingress/Egress, Insurance Claims

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Private Client & Trust Tax Reform Advisory

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States income tax regimes for individuals and businesses and…more

529 Plans, Alimony, Alternative Minimum Tax, Business Taxes, Charitable Donations

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Are You Getting All of Your Brownfields Tax Credits?

While Massachusetts first created a Brownfields tax credit in 1998 to encourage the redevelopment of Brownfields sites, until recently, this very useful tax credit was in danger of becoming history…more

Brownfield Properties, Contaminated Properties, Income Taxes, Redevelopment, Remediation

See all updates »

New York’s “Tenant Safe Harbor Act” – Extended Restrictions Signed into Law

On June 30, Governor Cuomo signed the Tenant Safe Harbor Act (Chapter 127 of the Laws of New York, 2020) (the “Act”) into law, prohibiting evictions of residential tenants, but allowing money judgments for nonpayment of rent,…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Executive Orders, Governor Cuomo

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In re Family Dollar Stores, Inc.: No Revlon Duty to Seek Better Terms From Competing Bidder

Last month, in In re: Family Dollar Stores, Inc. Stockholder Litigation, a Delaware Chancery judge rejected the efforts of certain shareholders of Family Dollar Stores, Inc., to prevent Family Tree’s shareholders from voting on…more

Antitrust Provisions, Board of Directors, Buy-Out Agreements, Dollar Tree, Fiduciary Duty

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Big Potential Tax Changes on the Horizon for Clients

The U.S. House Ways and Means Committee released proposed budget reconciliation legislation on September 13, 2021. The bill still must complete many steps in the legislative process – including passage by the full House of…more

Base Erosion and Anti-Abuse Tax (BEAT), Biden Administration, Capital Gains Tax, Corporate Taxes, Estate Tax

See all updates »

Massachusetts Imposes Additional Potential Liability on Employers for Wage-and-Hour Compliance

In a departure from earlier court decisions, the Massachusetts Supreme Judicial Court (SJC) has imposed additional potential liability on employers for wage-and-hour compliance. In Reuter v. City of Methuen, the SJC explained…more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

See all updates »

Unconscious Bias in the Retail World

Last week, in our highlights of the 49th ICSC U.S. Law Conference, we touched on Dr. Mahzarin R. Banaji’s keynote presentation, where she discussed unconscious bias and how it affects everyone…more

Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Employment Discrimination, Retail Market

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MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under…more

Department of Environmental Protection, Inland Waterways, Public Accommodation, Public Use, Real Estate Market

See all updates »

Opportunity Zones Steal the Show - ICSC's 2019 Mid-Atlantic Conference and Deal Making

The Gaylord National Resort & Convention Center played host to the ICSC's 2019 Mid-Atlantic Conference and Deal Making event last week…more

Capital Gains, Community Development, Economic Development, Opportunity Zones, Real Estate Development

See all updates »

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in…more

Beneficiaries, Bernie Madoff, Breach of Duty, Fiduciary Duty, Investment Opportunities

See all updates »

The Game of Malls. What Is Dead May Never Die.

It’s no secret that consumers have been shifting away from shopping at traditional brick-and-mortar stores in favor of shopping online.  Nor that the shift in consumers’ shopping habits has resulted in a wave of store closures…more

Amazon Marketplace, Brick-and-Mortar Stores, Commercial Tenants, Critical Infrastructure Sectors, E-Commerce

See all updates »

M&A Trend Spotting: Evolving Insurance Coverage in Private Equity Transactions

Q. What are some of the insurance industry trends you are seeing in relation to Private Equity Transactions? I would say the market, overall, is now embracing secondary transactions in a much more significant and meaningful…more

Anti-Fraud Provisions, Commercial Insurance Policies, Corporate Sales Transactions, Due Diligence, Policy Terms

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

Medtail: Why Your Doctor Is Treating You in a Strip Mall

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors. However, despite the “doom and gloom” we generally see in headlines, retail has…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Real Estate Market, Health Care Providers, Health Clinics

See all updates »

Boston Requires Carbon Neutrality for Existing Buildings

Furthering the aims of Boston’s 2019 Climate Action Plan, which identified large buildings as major carbon emitters, Boston City Council amended the Building Energy Reporting and Disclosure Ordinance (BERDO) to require all…more

Air Pollution, Carbon Emissions, Clean Energy, Climate Action Plan, Climate Change

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BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

See all updates »

The Value of Uniqueness: Non-Fungible Tokens in the Age of Name, Image and Likeness

A vintage baseball card of Hall-of-Fame shortstop Honus Wagner reportedly sold for a record $3.25 million last October in the midst of a pandemic-fueled surge in collectibles and memorabilia sales.  Produced by American Tobacco…more

Athletes, Blockchain, Colleges, Cryptocurrency, Digital Assets

See all updates »

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)…more

Building Permits, Bylaws, Churches, Contract Terms, Cremation

See all updates »

New PPP Loan Availability and Cautionary Guidance Announced

1. The Paycheck Protection Program and Healthcare Enforcement Act: What You Need to Know - On April 24, 2020, the President signed into law the Paycheck Protection Program and Healthcare Enhancement Act (the “Act”), amending…more

Coronavirus/COVID-19, Financial Stimulus, Health Care Providers, Healthcare Facilities, Paycheck Protection Program (PPP)

See all updates »

New York “HERO” Act Amendments

New York “HERO” Act Amendments Provide Employers with Additional Time and Guidance to Comply with Law Aimed to Reduce Spread of Airborne Infectious Diseases..…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Policies and Procedures

See all updates »

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

See all updates »

From the Suburbs to the City: How Grocery Retailers are Filling the Urban Grocery Gap

As residential high-rises pop up all over the city of Boston, big-name grocery retailers are sprouting nearby to meet the increased demand.  The most recent example is the opening of a Roche Bros. supermarket in Downtown…more

Grocery Stores, Retailers, Trader Joes

See all updates »

Boston Requires Carbon Neutrality for Existing Buildings

Furthering the aims of Boston’s 2019 Climate Action Plan, which identified large buildings as major carbon emitters, Boston City Council amended the Building Energy Reporting and Disclosure Ordinance (BERDO) to require all…more

Air Pollution, Carbon Emissions, Clean Energy, Climate Action Plan, Climate Change

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Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020.  Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

Massachusetts COVID-19 Moratorium on Small Business and Residential Evictions

Massachusetts has adopted a moratorium on the evictions of tenants of small business units and residential units during the COVID-19 emergency…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Moratorium, Relief Measures

See all updates »

Tax Reform Advisory: Real Estate Industry

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”). The Act will have a significant impact on many sectors of the economy including the real estate sector…more

Alternative Minimum Tax, Business Taxes, Carried Interest Tax Rates, Corporate Taxes, Income Taxes

See all updates »

Banner Year Expected For Holiday Retail Sales

This week’s news of former retail giants Sears and Kmart filing for bankruptcy is bound to spur headlines about the death of retail in the U.S. However, multiple forecasts predict that robust 2018 holiday shopping will result…more

Brick-and-Mortar Stores, Retail Market, Retailers

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Probate & Fiduciary Litigation Newsletter – November 2020

Assailant's Spendthrift Trust Accessible to Child of Murdered Parents - de Prins v. Michaeles, SJC-12865 (October 20, 2020) - In de Prins v. Michaeles, the Massachusetts Supreme Judicial Court (SJC) tackled a trust issue…more

Beneficiaries, Crime Victims, Estate Claims, Estate Planning, Fiduciary Duty

See all updates »

Update on Main Street Program: Companies For Which a Main Street Loan Could Be a Good Fit

The Federal Reserve’s Main Street Lending Program has been the subject of much commentary and criticism in the past two months – both in the press and in Congress – generally based on the views that the program is off to a slow…more

CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve, Financial Stimulus

See all updates »

Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020.  Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

The Fed Updates the Main Street Lending Program As of June 15, 2020

The Main Street Lending Program has opened for lender registration as of June 15, 2020, and interested lenders may register using the portal on the Federal Reserve Bank of Boston’s website. This client memo summarizes recent…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

See all updates »

Boston City Council Approves Urban Renewal Plan Extensions

The Boston City Council has approved six-year extensions of most urban renewal plans, which grant the Boston Redevelopment Authority (BRA) powers of land assembly and disposition. The BRA originally adopted 40-year plans in the…more

Construction Industry, Infrastructure, Land Developers, Public Projects, Time Extensions

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Five Takeaways from the BBA Webinar on the State of Retail and Hospitality During COVID

On November 13th, the Boston Bar Association hosted Uncharted Territory: Challenges Facing Retail, Hospitality Sectors and their Landlords. The live webinar featured Richard Heller, Senior Vice President and General Counsel of…more

Commercial Bankruptcy, Commercial Tenants, Coronavirus/COVID-19, Hospitality Industry, Infectious Diseases

See all updates »

‘Tis Always the Season for a Pop-up

With Tax Day just around the corner, there is a good chance that you find yourself (along with millions of other Americans) scrambling to get your taxes filed at the last minute…more

Commercial Real Estate Market, Commercial Tenants, Pop-Up Stores, Retail Market, Tax Preparers

See all updates »

Supreme Court Finds Google’s Use of Oracle’s Java Code in Android Operating System to Be Fair Use

On April 5, 2021, the Supreme Court of the United States held that Google’s use of certain Java Application Programming Interfaces (API) in its Android operating system was not copyright infringement and instead constituted fair…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)…more

Building Permits, Bylaws, Churches, Contract Terms, Cremation

See all updates »

2019 ICSC Law Conference Recap

Last week, over 1,500 members of the retail law industry came together at this year’s 49th International Council of Shopping Center (ICSC) U.S. Law Conference that was held in San Diego from October 23 through October 25, 2019…more

Brick-and-Mortar Stores, Critical Infrastructure Sectors, E-Commerce, Internet Retailers, Retail Market

See all updates »

Updates to California Proposition 65 Affect Retailers and their Suppliers

On August 30, 2018, significant changes to California’s Proposition 65 (“Prop 65”) warning regulations take effect. In the retail context, Prop 65 requires businesses with 10 or more employees to warn individuals in California…more

OEHHA, Proposition 65, Retailers, Suppliers, Toxic Chemicals

See all updates »

PPP Update – Paycheck Protection Flexibility Act

PPP UPDATE – PPP Flexibility Act Reduces Amount Required to be Spent on Payroll; Expands Time Period for Forgiveness and Rehiring Employees; Permits Forgiveness Recipients to Defer Payroll Taxes..…more

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

See all updates »

Real Estate Women's Forum Q&A

At last week's Real Estate Women's Forum, we sat down with Goulston & Storrs Partner Hara Perkins, who chaired the Developers Roundtable at the conference, to get her thoughts on key commercial real estate trends and challenges…more

Affordable Housing, Capital Markets, Mixed-Use Zoning, Popular, Real Estate Investments

See all updates »

Starting the Conversation: Discussing Family Wealth and Values with Children

According to a January 2019 survey, roughly two out of three parents express some reluctance about discussing money and financial topics with their children. Parental anxieties about financial status, adult matters, and kids…more

Estate Planning, Financial Planning, Transfer of Assets, Wealth Management

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in…more

Beneficiaries, Bernie Madoff, Breach of Duty, Fiduciary Duty, Investment Opportunities

See all updates »

New York City Vaccine Mandate for Certain Indoor Activities

In early August 2021, New York City Mayor Bill de Blasio announced Key to NYC, which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

See all updates »

Do You Have a College Student? Important Health Care, Financial, and Educational Documents That They (and You) Need

August is upon us and you may soon be sending children off to college. If your child is age 18 or older, you and your child will need to take some simple steps so that, in the event of an emergency, you will be able to make…more

Advance Health Care Directive, Bank Accounts, Colleges, Estate Planning, FERPA

See all updates »

Worst-Case Scenarios: Navigating The ‘What Ifs’ Of Coronavirus

Before the coronavirus hit, the real estate industry was riding an all-time high. Global CRE investment was at its highest level ever, home building was up, and developers were eager to use the industry’s continued momentum to…more

CARES Act, Coronavirus/COVID-19, EBITDA, Infrastructure, Lenders

See all updates »

New Bill Will Tax Real Estate “Promote” as Carried Interest Subject to Three-Year Holding Period

Senators Manchin and Schumer this week announced that the “Inflation Reduction Act of 2022” will be added to the FY2022 Budget Reconciliation bill. The bill includes changes to Section 1061 of the Code (which was added to the…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Income Taxes, IRS

See all updates »

New York State Publishes HERO Act Model and Industry Plans for Returning to Work

By August 5, 2021, all employers with worksites in New York state must either: (i) adopt a model plan promulgated by the Department of Labor or (ii) develop and establish an alternative plan that meets the minimum standards of…more

Employer Liability Issues, Health & Safety Standard, Infectious Diseases, New Legislation, Occupational Exposure

See all updates »

BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

See all updates »

No, Insurance is Not the Solution to the Problem

At least not in the short-term, and perhaps, for most, not at all. Here’s why and what you should be doing now: By now, most of you have received – either directly or indirectly – notes, articles and missives of type…more

Business Interruption, Civil Authority Coverage, Coronavirus/COVID-19, Ingress/Egress, Insurance Claims

See all updates »

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, Environmental Policies

See all updates »

The Latest on NIL: Updates to State and Federal Laws

Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight…more

Agents, Compensation, Educational Institutions, Intellectual Property Protection, IP License

See all updates »

ICSC Law Conference 2020 – 50th Anniversary Edition

This year, the ICSC Law Conference on October 14-16 celebrated its 50th Anniversary. The planned pomp and circumstance were eliminated due to COVID-19, but the conference was still held using a virtual platform. While less than…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Retail Market

See all updates »

Construction Suspension (MA) – COVID-19

Effective Tuesday, March 17, the City of Boston is suspending all regular activity on construction sites in the City until further notice…more

China, Construction Project, Coronavirus/COVID-19, Infectious Diseases, Infrastructure

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

New Massachusetts Law Imposes Limits and Controls on Retainage under Construction Contracts

On August 9, 2014, Governor Patrick signed SB2271 into law. This law will have important impacts on both private developers and contractors. The Act limits the amount of retainage withheld under construction contracts and…more

Construction Contracts, Contractors, Land Developers, New Legislation, Substantial Completion

See all updates »

As the “Legal” World Turns – Lessons Learned from ICSC Law Conference 2020

Last month, not only did the International Council of Shopping Center (ICSC) host its 50th U.S. Law Conference, but, for the first time in its history, it did so virtually due to the impact of COVID-19! While some attendees were…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Retail Market, Retailers

See all updates »

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)…more

Building Permits, Bylaws, Churches, Contract Terms, Cremation

See all updates »

Stay of Sogou Class Action Litigation in California

On October 7, 2019, Goulston & Storrs obtained a stay of a putative class action filed in California state court against clients Sogou Inc. (Sogou) and Sohu.com (Sohu).  Sogou’s Sogou Search is the second largest search engine…more

Act or Omission, China, IPO, Misrepresentation, Motion To Stay

See all updates »

Considering Lease Concessions In The Face Of A Tenant Bankruptcy

Landlords are receiving a deluge of requests to provide rent relief to commercial tenants whose operations have either been closed or substantially restricted as a result of state and local governments’ COVID-19 stay-at-home…more

Bankruptcy Code, Commercial Bankruptcy, Commercial Leases, Commercial Tenants, Debt Restructuring

See all updates »

Private Client & Trust Tax Reform Advisory

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States income tax regimes for individuals and businesses and…more

529 Plans, Alimony, Alternative Minimum Tax, Business Taxes, Charitable Donations

See all updates »

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

See all updates »

New York State LIBOR Transition Bill Signed into Law

On April 6, 2021, New York Governor Andrew Cuomo signed into law Senate Bill S297B/Assembly Bill 164B (the “New York Legislation”), which paves the way for a smoother transition from US Dollar LIBOR and, in particular, addresses…more

Alternative Reference Rates Committee (ARRC), Benchmarks, Financial Regulatory Reform, Financial Services Industry, ICE Benchmark Administration (IBA)

See all updates »

New York State Publishes HERO Act Model and Industry Plans for Returning to Work

By August 5, 2021, all employers with worksites in New York state must either: (i) adopt a model plan promulgated by the Department of Labor or (ii) develop and establish an alternative plan that meets the minimum standards of…more

Employer Liability Issues, Health & Safety Standard, Infectious Diseases, New Legislation, Occupational Exposure

See all updates »

IRS Adjusts Distribution Guidance: Taxpayers Who Took Required Minimum Distributions in 2020 May Be Able to Return Them To A Retirement Account

The IRS recently released Notice 2020-51, which provides further taxpayer-friendly guidance for the treatment of required minimum distributions paid from retirement accounts in 2020…more

Employee Benefits, IRA, Popular, Required Minimum Distributions, Retirement

See all updates »

City of Boston Announces Staged Construction Restart, Outlines Expanded Categories and Key Dates

In a memo from Chief of Operations Patrick Brophy, Mayor Martin J. Walsh announced last night that Boston will incrementally expand its categories of allowed construction to further align with Governor Charlie D. Baker’s…more

Business Closures, Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

See all updates »

Five Keys to Creating a Successful Family Entity

Starting a family entity can bring family members closer as they build a new level of meaningful interactions together. Along the way, the venture may create wealth and opportunities, fulfill philanthropic goals, and create a…more

Business Plans, Closely Held Businesses, Corporate Governance, Family Businesses

See all updates »

Qualified Opportunity Zones: New Proposed Regulations Provide Further Guidance

The Treasury Department has now released a second round of proposed regulations on the Qualified Opportunity Zone (“QOZ”) provisions under Internal Revenue Code Section 1400Z-2…more

Anti-Abuse Rule, Capital Gains, Carried Interest, Holding Periods, Opportunity Zones

See all updates »

Distressed Assets Are Hitting the Market. How Can Investors Buy Wisely?

As the U.S. heads into another major economic downturn, one type of property has bubbled to the top of every real estate investor’s mind: distressed assets. During the last recession, U.S. commercial property prices fell by 35%,…more

Chapter 11, Commercial Bankruptcy, Corporate Sales Transactions, Distressed Assets, Investment Opportunities

See all updates »

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in…more

Beneficiaries, Bernie Madoff, Breach of Duty, Fiduciary Duty, Investment Opportunities

See all updates »

Are You Getting All of Your Brownfields Tax Credits?

While Massachusetts first created a Brownfields tax credit in 1998 to encourage the redevelopment of Brownfields sites, until recently, this very useful tax credit was in danger of becoming history…more

Brownfield Properties, Contaminated Properties, Income Taxes, Redevelopment, Remediation

See all updates »

Office of Planning Introduces Phase 2 of IZ Xl to Apply to Non-Residential Conversions

The Office of Planning (“OP”) has introduced its second phase of proposed amendments to the Inclusionary Zoning (“IZ”) regulations intended to increase the applicability of IZ (“IZ XL”). Phase 2 of IZ XL, known as Z.C. Case No…more

Community Development, Housing Developers, Inclusionary Housing Ordinance, Public Meetings, Real Estate Development

See all updates »

Key Takeaways: 2021 ABA Private Target Mergers & Acquisitions Deal Points Study

The ABA Private Target Mergers & Acquisitions Deal Points Study is published on a bi-annual basis. The 2021 Deal Points Study (the “Study”) analyzed 123 publicly available purchase agreements executed and closed in 2020 and the…more

Acquisition Agreements, American Bar Association (ABA), Contract Terms, Corporate Sales Transactions, Escrow Agreements

See all updates »

Retail-to-Industrial Conversions: Revolution or Niche Trend?

It may have been unthinkable ten to fifteen years ago, but the shift in consumer shopping patterns from brick-and-mortar stores to online platforms has resulted in the emergence of retail-to-industrial conversions over the past…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Conversion, E-Commerce

See all updates »

Do You Have a College Student? Important Health Care, Financial, and Educational Documents That They (and You) Need

August is upon us and you may soon be sending children off to college. If your child is age 18 or older, you and your child will need to take some simple steps so that, in the event of an emergency, you will be able to make…more

Advance Health Care Directive, Bank Accounts, Colleges, Estate Planning, FERPA

See all updates »

SBA PPP Loan Applications for Hotels

Applying for a PPP (Paycheck Protection Program) loan for your hotel? First, reach out to your lender to confirm that it is accepting applications and submitting them to the Small Business Administration (SBA) on the same day,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Hotels

See all updates »

When a Stick Tastes Like a Carrot - Post-Employment Payouts for College Coaches

Post-employment payouts are a hallmark of college and university coaching contracts. In the case of a not-for-cause termination, the purpose of post-employment payments is to honor the payment terms of the contract and provide a…more

Coaches, Colleges, Compensation & Benefits, Employment Contract, Golden Parachutes

See all updates »

New Bill Will Tax Real Estate “Promote” as Carried Interest Subject to Three-Year Holding Period

Senators Manchin and Schumer this week announced that the “Inflation Reduction Act of 2022” will be added to the FY2022 Budget Reconciliation bill. The bill includes changes to Section 1061 of the Code (which was added to the…more

Capital Gains, Carried Interest, Carried Interest Tax Rates, Income Taxes, IRS

See all updates »

9th Edition Massachusetts State Building Code Approved With Concurrency Period

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on October…more

Building Codes, Construction Industry, Municipalities, Real Estate Development, Urban Planning & Development

See all updates »

Tax Reform Advisory:  Exempt Organizations

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States tax regimes for exempt organizations, businesses in which…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

See all updates »

General Jurisdiction Trend Grows With NY High Court's Ruling

Since the U.S. Supreme Court's 2014 landmark decision in Daimler AG v. Bauman, courts around the country have been reexamining their prior holdings addressing whether a company consents to personal jurisdiction solely by…more

DaimlerChrysler v Bauman, Ford Motor, Foreign Corporations, General Jurisdiction, Goodyear

See all updates »

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in…more

Beneficiaries, Bernie Madoff, Breach of Duty, Fiduciary Duty, Investment Opportunities

See all updates »

New Basis Reporting Requirements for Executors and Beneficiaries

Recent federal legislation adds fresh compliance burdens to an old concept in federal tax law: the step-up in tax basis of appreciated property at death. New reporting requirements will apply to estates required to file a…more

Beneficiaries, Estate Planning, Estate Tax, Executors, IRS

See all updates »

Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020.  Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

See all updates »

The House Joins the Senate Finance Committee in Proposing FIRPTA Reform

FIRPTA real estate tax reform continues its momentum with the recent release of bill text for H.R. 2128, the latest House bill introduced by Kevin Brady (R-Texas) and J Crowley (D-NY). In connection with the filing of the bill,…more

FIRPTA, Legislative Agendas, Pensions, Senate Finance Committee, Tax Reform

See all updates »

Distressed Assets Are Hitting the Market. How Can Investors Buy Wisely?

As the U.S. heads into another major economic downturn, one type of property has bubbled to the top of every real estate investor’s mind: distressed assets. During the last recession, U.S. commercial property prices fell by 35%,…more

Chapter 11, Commercial Bankruptcy, Corporate Sales Transactions, Distressed Assets, Investment Opportunities

See all updates »

Disclosure Schedule Updating for COVID-19 Effects

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community…more

Coronavirus/COVID-19, Corporate Sales Transactions, Disclosure Requirements, Merger Agreements, Purchase Agreement

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

The New Administration Brings Several Potential Tax Law Changes

A new Presidential administration and Congress always bring with them the potential for change, and this is again the case.  Joe Biden and his party made a series of tax law proposals throughout the presidential campaign season…more

Biden Administration, Business Income, Business Taxes, Charitable Donations, Income Taxes

See all updates »

Website and Mobile App Accessibility: The DOJ Kicks the Can

As experienced retail attorneys, we bring decades of first-hand knowledge dealing with the business and legal issues facing retailers, e-tailers, landlords, owners, developers and prospective purchasers, restaurateurs, and…more

ADA, Department of Justice (DOJ), Internet Retailers, Mobile Apps, Title III

See all updates »

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

See all updates »

Five Takeaways from the BBA Webinar on the State of Retail and Hospitality During COVID

On November 13th, the Boston Bar Association hosted Uncharted Territory: Challenges Facing Retail, Hospitality Sectors and their Landlords. The live webinar featured Richard Heller, Senior Vice President and General Counsel of…more

Commercial Bankruptcy, Commercial Tenants, Coronavirus/COVID-19, Hospitality Industry, Infectious Diseases

See all updates »

Increased Charitable Giving in the Time of COVID: Philanthropy or Tax Driven?

Even before the global COVID-19 pandemic hit, retailers across the country were already prioritizing charitable giving despite the existing downward trend in sales and revenue.  With the recent global COVID-19 pandemic and the…more

Charitable Donations, Coronavirus/COVID-19, Economic Downturn, Infectious Diseases, Manufacturers

See all updates »

Worst-Case Scenarios: Navigating The ‘What Ifs’ Of Coronavirus

Before the coronavirus hit, the real estate industry was riding an all-time high. Global CRE investment was at its highest level ever, home building was up, and developers were eager to use the industry’s continued momentum to…more

CARES Act, Coronavirus/COVID-19, EBITDA, Infrastructure, Lenders

See all updates »

Law of the Land - Real Estate Litigation Newsletter - March 2022, Volume I, Issue XII

CASES OF NOTE - SIMILAR PROJECTS, DIFFERENT DECISIONS - Brossi, et al. v. Town of Grafton Planning Board, et al., No. 19 MISC 000551 (MDV), 2021 WL 5833935 (Mass. Land Ct. Dec. 9, 2021) - The Massachusetts Land…more

Article III, Building Permits, City Planning Departments, Constitutional Challenges, Fifth Amendment

See all updates »

What's Market? Update: Litigation

In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VCG (Del. Ch. 2015), the Delaware Court of Chancery held in connection with an appraisal proceeding brought by a dissenting shareholder that the best indication of the…more

Ancestry.com, Appraisal, Banking Sector, Breach of Duty, Fair Market Value

See all updates »

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)…more

Building Permits, Construction Project, Estoppel, Eviction, Leases

See all updates »

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  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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