Murtha Cullina

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99 High Street
20th Floor
Boston, MA 02110, United States
Phone: 617-457-4000
Fax: 617-482-3868
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Connecticut
  • Massachusetts
  • New York
Number of Attorneys
100+ Attorneys

CT Unfair Trade Practices Act is Only a Sword – Not a Shield in Foreclosure Actions

Appellate Case Update - The Connecticut Appellate Court has (finally) recently weighed in on the topic of whether or not a claimed defense of a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) constitutes…more

Bank of America, CUTPA, Defense Strategies, Foreclosure, Unfair or Deceptive Trade Practices

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Nursing Home Mega Rule Finalized: Pre-Dispute Arbitration Agreements Not Permitted

In the final rule overhauling skilled nursing facility federal regulations for the first time since 1991, CMS prohibits all arbitration agreements at the time of admission. According to CMS, such pre-dispute agreements are…more

Arbitration Agreements, CMS, Final Rules, Informed Consent, Skilled Nursing Facility

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Business Group News: The Connecticut Uniform Limited Liability Act

The Connecticut Uniform Limited Liability Company Act, Public Act 16-97 (the "New Act") will become effective for all existing and new Connecticut LLCs on July 1, 2017. The New Act is more comprehensive, modern and well written…more

Corporate Governance, Limited Liability Company (LLC), New Legislation, Operating Agreements, Uniform Limited Liability Company Act

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Authority Over Charitable Gaming in Connecticut Shifts to Municipalities

Effective January 1, 2018, the authority to monitor and regulate charitable gaming in Connecticut has shifted from the Department of Consumer Protection (the “DCP”) to municipalities and towns. Charitable gaming generally…more

Charitable Organizations, Gaming, Municipalities, Regulatory Oversight

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Foreign Entrepreneurs – The Facts

The United States has long been attractive to foreign entrepreneurs due to the county’s historically open marketplaces and tolerance for new ideas and new products. Foreign entrepreneurs have come to the United States in many…more

DHS, Entrepreneurs, Executive Orders, Foreign Nationals, Visas

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Ensuring “Universal Wastes” are Handled Correctly to Avoid Penalties

Spent fluorescent bulbs, used batteries, old thermostats: all of these wastes contain materials that could be considered hazardous waste and must be handled in accordance with environmental laws. Because these materials are…more

EPA, Hazardous Waste, Popular, Recycling, State and Local Government

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CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover…more

CT Supreme Court, Equitable Subrogation, Insurance Litigation, Reversal, Standing

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Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed

In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the…more

Breach of Contract, Construction Contracts, Construction Industry, General Contractors, Property Owners

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Recent Developments In Case Law And Policy Applicable To Immigrants And Their Employees

In these turbulent times for immigrants, we would like to signal a few recent developments in case law and policy that apply to immigrants and/or their employers. We invite you to contact us immediately should you have…more

DACA, Deportation, Employment Authorization Documents (EAD), Foreign Nationals, H-1B

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OCR Issues Anticipated RFI on HIPAA Modifications

The Request for Information on Modifying HIPAA Rules to Improve Coordinated Care is slated for publication in the federal register tomorrow. The Department of Health and Human Services’ Office for Civil Rights (OCR) issued an…more

Business Associates, Comment Period, Covered Entities, Department of Health and Human Services (HHS), Health Care Providers

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Connecticut’s New Cybersecurity Action Plan

On May 3, 2018, Governor Malloy announced the release of the State of Connecticut’s Cybersecurity Action Plan, which builds on the State’s Cybersecurity Strategy launched in July 2017. Developed by Connecticut’s Chief…more

Cybersecurity, Cybersecurity Framework, Governor Malloy, Risk Management

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A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks

Earlier this week, the U.S. Supreme Court held that a creditor who deliberately files a bankruptcy proof of claim for a time-barred claim does not violate the Fair Debt Collection Practices Act (FDCPA). Midland Funding v…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, FDCPA

See all updates »

Is it Defamation to Call a Co-Owner of the Family Business a Thief?

Disputes sometimes arise between owners of family-owned businesses. And sometimes those owners say unflattering or insulting things about one another to other family members. When one family member claims that another owes him…more

Business Disputes, Defamation, Family Businesses

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The Road to Pay Equity in Massachusetts: Don't Ask - Don't Tell

Massachusetts was the first state to pass an equal pay act in 1945. On Monday, August 1, 2016, Massachusetts made history once again by enacting the first state law banning an employer’s inquiry into a job applicant’s salary…more

Employer Liability Issues, Hiring & Firing, Pay Equity Laws, Salary/Wage History

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Connecticut's Salary History Inquiry Prohibition Effective As Of January 1, 2019

A reminder to Connecticut employers: generally speaking, questions about an applicant’s salary history are prohibited as of January 1, 2019. As I detailed in an earlier post, Connecticut has joined the growing number of states…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, State Labor Laws

See all updates »

Municipalities Are Now Included In PURA Small Cell Cases Before Public Utilities Regulatory Authority

In its final decision in Docket No. 17-02-49 adopted on June 2, 2017, the Public Utilities Regulatory Authority ("PURA") incorporated nearly all of the recommendations made by the Connecticut Conference of Municipalities for all…more

Municipalities, Notice Requirements, Public Utilities Commission, Utilities Sector, Utility Poles

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Retail and Hospitality Group News - November 2015

It’s Getting Easier to do Business in Massachusetts - Within his first several months in office, Governor Charlie Baker took steps to make Massachusetts a friendlier place to do business. On March 31, 2015, Governor Baker…more

Breach of Contract, Commercial Leases, Commercial Tenants, Damages, Fast-Food Industry

See all updates »

Recent Case Law on Article 97 Limits State and Municipal Authority to Develop Property

Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ‘[l]ands and easements taken or acquired’ for conservation…more

Conservation, Constitutional Amendment, Public Land, Public Use, Real Estate Development

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Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad Programs

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty on…more

CDC, CT Supreme Court, Duty of Care, Duty to Warn, International Travel

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District Court Gives Narrow, Reasonable Scope to TCPA

In March of this year, we told you that the D.C. Circuit Court of Appeals issued a decision in ACA Int’l. v. FCC, wherein the court set aside two FCC interpretations of the Telephone Consumer Protection Act, or TCPA…more

Appeals, ATDS, Auto-Dialed Calls, FCC, Prior Express Consent

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The Bond Bandwagon

Are you ready to jump on the tax-exempt bond bandwagon? Over the last eight years, the landscape of tax-exempt bond financing has changed and more and more bonds are being sold directly to banks across the nation…more

Banks, Bond Financing, Regulation D, Rule 144A, Securities Act of 1933

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CT Supreme Court Issues Punitive Damages Ruling Favorable to Policyholders

In a decision to be officially released on December 19, 2017, the Connecticut Supreme Court broadened the circumstances in which policyholders may receive insurance coverage for punitive damage awards. The decision in Nationwide…more

CT Supreme Court, Insurance Litigation, Liability Insurance, Punitive Damages

See all updates »

UPDATE: New York City Council Enacts Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

As we discussed in a recent post, the New York City Council introduced a series of bills last month aimed at preventing sexual harassment in the workplace; The Stop Sexual Harassment in NYC Act. The City Council enacted the Act…more

Employer Liability Issues, Human Rights, Local Ordinance, NYCHRL, Proposed Legislation

See all updates »

IRS Issues Initial Guidance on Deferral Option for Qualified Equity Grants

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act ("TCJA") into law. One of the lesser publicized changes enacted by the TCJA was the introduction of new Internal Revenue Code ("Code") Section 83(i), which…more

Income Taxes, Internal Revenue Code (IRC), IRS, New Guidance, Privately Held Corporations

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Amendments to Connecticut Business Corporation Act Effective October 1, 2017

Public Act No. 17-108, titled An Act Concerning Limited Liability Companies and Business Corporations (the "Act"), has amended the Connecticut Business Corporation Act ("CBCA"). Effective October 1, 2017, the Act amends the CBCA…more

Amended Regulation, Board of Directors, Business Corporation Act, Corporate Governance, Forum Selection

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The Underwear Heist

On September 20, 2016, Intimateco, LLC filed suit against Bliss Lingerie Corp., its founder – the former Intimateco Vice President of Operations – and related parties for trademark and copyright infringement, and related claims,…more

Copyright Infringement, IP Litigation, Misappropriation, Tortious Interference, Trademark Infringement

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New York City Considers Paid Vacation and the Right to Disconnect

New York City continues to advance a progressive workers’ rights agenda that places employees who work in the city in a better position than those who work outside the five boroughs. Paid Vacation - Last week, Mayor Bill…more

FLSA, Municipalities, Pending Legislation, Right to Disconnect, Vacation Leave

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Bankruptcy & Creditors' Rights News: Updated Forms for U.S. Bankruptcy Court

As of December 1, 2015, many of the Official Forms for use in Bankruptcy Courts were updated. The changes were made as part of a forms modernization effort. Among the forms updated was the Official Proof of Claim Form (formerly…more

Bankruptcy Court, Consumer Bankruptcy, Loans, Mortgage Lenders, Mortgages

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Connecticut Foreclosures: Judgment of Loss Mitigation – Good, Bad or Unnecessary?

One of the plethora of new procedures enacted in the 2016 General Assembly’s legislative session is a concept which is being dubbed a “judgment of loss mitigation.” The procedure seems straightforward at first – a lender can…more

Foreclosure, Lien Priority, Lienholders, Loss Mitigation, Mortgage Lenders

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Disclosure Requirements for Tax-Exempt Bonds

Tax-exempt bonds are a critical source of affordable capital for many organizations. At the end of 2017, not-for-profit health care, educational and social service providers rallied together to forestall efforts in Congress to…more

Disclosure Requirements, EMMA, Financial Reporting, IRS, MSRB

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Trusts and Estates News: Your Will is Done, What About Your Powers of Attorney?

Many people assume that an estate plan is limited to their will and/or trust. However, there is often a period of disability prior to death during which important health care and financial decisions need to be made. This article…more

Electronically Stored Information, Estate Planning, HIPAA, Living Will, Power of Attorney

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New CT Freedom of Information Laws to Consider after October 1, 2018

Effective October 1, two changes were made to the Connecticut Freedom of Information Act (FOIA) of which public agencies should take note. The General Assembly added a new section to General Statutes § 1-206 concerning…more

FOIA, New Regulations, Personnel Records, Public Employers, Public Entities

See all updates »

What Is A “Wage”?

Not surprisingly, most states require employers to pay employees any earned “wages” within a certain period of time after their employment ends. Many states, including Massachusetts and Connecticut, the time period to pay…more

Payroll Periods, Termination, Unpaid Wages, Wages

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So You Think You're Done With Your Estate Plan…

You have reviewed multiple drafts of your Will, Trust, Living Will and Financial Power of Attorney, attended multiple meetings with your attorney, discussed the final distribution of your assets, selected your Executor and…more

Beneficiaries, Beneficiary Designations, Estate Planning, Revocable Trusts, Trusts

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Unitranche Financing – is it for you?

The use of unitranche financing creates opportunities for lenders and value for borrowers. There are some risks that lenders must understand in these structures…more

Corporate Financing, Creditors, ROI, Unitranche Loans

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A “Pro-Creditor” Supreme Court Decision That Does No Favor for Banks

Earlier this week, the U.S. Supreme Court held that a creditor who deliberately files a bankruptcy proof of claim for a time-barred claim does not violate the Fair Debt Collection Practices Act (FDCPA). Midland Funding v…more

Bankruptcy Code, Chapter 13, Consumer Bankruptcy, Debt Buyers, FDCPA

See all updates »

So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All

In chapter 11 bankruptcy cases, it is not uncommon for secured parties/lenders to provide a “carve-out” for various professional fees. Frequently there may be a “carve-out” for “all chapter 11 professionals” or the “carve-out”…more

Carve Out Provisions, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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HIPAA Enforcement In 2018 Hits All Time High

Privacy and cybersecurity is at the forefront of everyone’s mind these days and, in 2018, the Office for Civil Rights (“OCR”) settled ten cases and prevailed in another before an Administrative Law Judge to the tune of…more

Covered Entities, Data Breach, Enforcement Actions, HIPAA, OCR

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CT Supreme Court Issues Punitive Damages Ruling Favorable to Policyholders

In a decision to be officially released on December 19, 2017, the Connecticut Supreme Court broadened the circumstances in which policyholders may receive insurance coverage for punitive damage awards. The decision in Nationwide…more

CT Supreme Court, Insurance Litigation, Liability Insurance, Punitive Damages

See all updates »

Health Care Group News: CMS Finalizes Two New Stark Exceptions and Provides Some Clarity to Others

On October 30, 2015, the Centers for Medicare and Medicaid Services (CMS) issued a final rule, to be effective January 1, 2016, which added two new exceptions and made numerous clarifications to the Stark regulations…more

CMS, Exceptions, Physician Recruitment Agreement, Recruitment Policies, Rural Health Care Providers

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Environmental Group News: MS4 General Permit (Small Municipal Stormwater Systems) Reissued

The General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4 general permit), which protects waters of the state from urban stormwater runoff through municipal separate stormwater…more

Sewer Systems, Storm Sewers, Stormwater Discharge Permits

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Construction Group News: Private Parties Powerless to Expand Scope of Court's Review of Arbitrator's Decision

The Massachusetts Supreme Judicial Court ("SJC") recently ruled that the parties to an arbitration agreement cannot, by contract, expand the grounds upon which a court may set aside an arbitrator’s award beyond the very narrow…more

American Arbitration Association, Arbitration Awards, Contract Interpretation, MA Supreme Judicial Court

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A Refresher (and update) On Data Privacy Requirements for Investment Advisors in the Commonwealth

Did you know that as an investment advisor you may "own" your clients’ personal data? That’s right; for purposes of Massachusetts’ data privacy regulations, any person or entity that receives, stores, maintains, processes, or…more

Administrative Authority, Cybersecurity, Data Controller, Data Privacy, Governor Baker

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New York State Revises and Finalizes its Sexual Harassment Policies and Training Requirements After Receiving Comments from Employers

On October 1, 2018, New York State released final documents and resources in connection with its new sexual harassment prevention requirements. Along with the updated guidelines, the deadline to provide a first round of sexual…more

Employee Training, Employer Mandates, Employment Policies, Final Rules, Notice Requirements

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IRS Elves in Santa's Washington DC Workshop Create Holiday Gift for the Wealthy

IRS Opens Door to Black Friday (and Beyond) Savings on Gift and Estate Tax - Just in time for the holidays, the IRS has released Proposed Regulations that reassure the wealthy that they will continue to benefit from…more

Estate Tax, Estate-Tax Exemption, Gift Tax, Gift-Tax Exemption, IRS

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Ten Things You Should Know About the 2019 Session of the Connecticut General Assembly

Politically, a very big blue wave crashed in Connecticut this past November. The State House and Senate are firmly in the hands of Democrats…more

Car Dealerships, Casinos, Decriminalization of Marijuana, Election Results, General Assembly

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Trusts and Estates Group News: The Preservation of Family Business Wealth

It is often the case that a business owner has a significant portion of the family’s wealth invested in the business. It is often the intention of the owner to transfer that wealth to his or her children…more

Estate Planning, Family Businesses, Gift Tax, IRS, Transfer of Assets

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Renewable Energy Group News: A New Approach to Solar Net Metering

Since 2004, more than 20,000 Connecticut homes have added solar panels, creating the equivalent of a 154-megawatt power plant spread across the entire state. This $696 million investment has not happened by accident…more

Investment Tax Credits, Net Metering, Power Purchase Agreements, Solar Energy, Solar Panels

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TIMBER! – Liability for damage to private property caused from a fallen tree?

For better or worse, banks frequently obtain possession of, or title to, pieces of property. Often times, these parcels of land have been neglected and are in poor condition. It would not be surprising to find a property that…more

Foreclosure, HSBC, Property Damage, Restatement of Torts

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The Capitol Update - June 2016

Ending with more of a groan than a whimper, the members of the Connecticut General Assembly concluded a difficult 2016 session on June 2. Members left Hartford after confronting for the third time in six years State budget…more

Energy Policy, General Assembly, General Elections, Governor Malloy, Legislative Agendas

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New York Estate Tax Law Changes

New York State increased its estate tax exemption from $1 million to $3 million and it is set to rise again beginning in 2019 to match the federal exemption. In this video, Lisa Newfield describes how to take advantage of these…more

Tax, Tax Exemptions

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New CT Freedom of Information Laws to Consider after October 1, 2018

Effective October 1, two changes were made to the Connecticut Freedom of Information Act (FOIA) of which public agencies should take note. The General Assembly added a new section to General Statutes § 1-206 concerning…more

FOIA, New Regulations, Personnel Records, Public Employers, Public Entities

See all updates »

Labor and Employment News: Verdict Against High Profile Law Firm Highlights Risk of Double Damages in Wage Cases

On October 29, a Hartford jury awarded $262,930 in a wage dispute against the Haymond Law Firm, P.C. Of particular significance, the Judge permitted the jury to apply the new statutory standard for doubling…more

Burden of Proof, Damages, Employer Liability Issues, Minimum Wage, Unpaid Overtime

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After Years of Debate, Massachusetts Finally Passes Non-Compete Bill

Just as the 2018 legislative session came to a close on the night of July 31, 2018, the Legislature passed a bill reforming the law of noncompetition agreements (“noncompetes”) in Massachusetts. The bill is being viewed as a…more

, Consideration, Employment Contract, Non-Compete Agreements, Pending Legislation

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Connecticut Considers Requiring Legislative Approval of Agency Settlement Payments and Nondisclosure Agreements

Weeks before the uproar over revelations that U.S. Rep. Elizabeth Esty paid her chief of staff a $5,000 severance package and signed a non-disclosure agreement concerning sexual harassment allegations made against him, the…more

Employer Liability Issues, Non-Disclosure Agreement, Non-Disparagement Provisions, Proposed Legislation, Public Employees

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Assisting with Adaptive Reuse

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse…more

Affordable Housing, Financing, Historic Preservation, Historical Rehabilitation, National Park Service

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Court Provides Additional Clarification Concerning the Scope of Connecticut’s Medical Marijuana Protections in the Workplace

Last August, we blogged about a case of first impression in Connecticut where a federal court judge found that Connecticut’s Palliative Use of Marijuana Act (“PUMA”) creates a private cause of action for employment…more

Attorney's Fees, Disability Discrimination, Dismissals, Drug Testing, Employer Liability Issues

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Enforcing Personal Guaranties

You might wonder whether lenders can enforce a guaranty of a loan from an individual or entity that has no formal connection with the borrower, i.e. someone who is not an owner or affiliated company. Generally, the answer is yes…more

Bankruptcy Court, Consideration, Fraudulent Conveyance, Guarantors, Insolvency

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Will Your Municipality Be Liable For Its Failure To Conduct Mandatory Property Inspections?

The Connecticut Supreme Court recently issued a decision which opens the door for municipalities to be held liable for failing to conduct mandatory property inspections. In Williams v. Housing Authority of Bridgeport, 327 Conn…more

CT Supreme Court, Governmental Immunity, Governmental Liability, Inspections, Municipalities

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Compliance Audits as part of Environmental Due Diligence - It’s more than just a Phase

When Borrowers and their lenders think about environmental due diligence, they immediately focus on Phase I/Phase II/ Environmental Site Assessments. That’s a good thing, and is an essential requirement when acquiring real…more

Air Pollution, Audits, Buyers, Commercial Real Estate Market, Due Diligence

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Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action…more

Confidential Information, CT Supreme Court, Health Care Providers, HIPAA, Patient Confidentiality Breaches

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Authority Over Charitable Gaming in Connecticut Shifts to Municipalities

Effective January 1, 2018, the authority to monitor and regulate charitable gaming in Connecticut has shifted from the Department of Consumer Protection (the “DCP”) to municipalities and towns. Charitable gaming generally…more

Charitable Organizations, Gaming, Municipalities, Regulatory Oversight

See all updates »

Make Your List and Check it Twice: A Year-End Estate and Financial Planning Checklist

During the holidays, it can be hard to find the time (or desire) to review your finances and estate plan. To help with that effort, here is a short list of things that you can easily accomplish before the ball drops on New…more

Estate Planning, Financial Planning, Year-End Planning, Year-End Tax Planning

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New Forms May Alleviate Some Concerns About Massachusetts Notarizations

Massachusetts is notorious for having hyper-technical rules about notarization. The trouble started in 2009 with the bankruptcy case of Matthew H. Giroux…more

Loan Documentation, Mortgages, New Regulations, Notary Certificates, Required Forms

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It’s Insurance: The Financial Institution Bond

Formerly known as a bankers blanket bond, and sometimes referred to as a fidelity bond, the financial institution bond as it is commonly known, is simply an insurance policy. Though the term “insurance policy” does not…more

Banking Sector, Bonds, Cyber Crimes, Exclusions, Financial Institutions

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What Business Owners Should Know About Massachusetts’ New Non-Compete Law

On August 10, 2018, Massachusetts Governor Charlie Baker signed into law a piece of legislation entitled “An Act Relative to Economic Development in the Commonwealth.” This new legislation brings long-awaited non-compete reform…more

Consideration, Economic Development, Employer Liability Issues, Employment Contract, New Regulations

See all updates »

Retail and Hospitality Group News - November 2015

It’s Getting Easier to do Business in Massachusetts - Within his first several months in office, Governor Charlie Baker took steps to make Massachusetts a friendlier place to do business. On March 31, 2015, Governor Baker…more

Breach of Contract, Commercial Leases, Commercial Tenants, Damages, Fast-Food Industry

See all updates »

The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements

Massachusetts bankruptcy courts have invalidated mortgages containing defects, including the failure of lenders to observe strict formalities in the execution of mortgage acknowledgements. See our prior post on this very topic…more

Affidavits, Bank of America, Consumer Bankruptcy, Mortgage Lenders, Mortgages

See all updates »

Contractor's Intentional and Material Breach of Contract Does Not Automatically Bar Claim For Work Performed

In a case closely watched by the construction industry, the Massachusetts Supreme Judicial Court ("SJC") has overturned a Superior Court’s decision barring any recovery by the general contractor G4S (the "General") from the…more

Breach of Contract, Construction Contracts, Construction Industry, General Contractors, Property Owners

See all updates »

Channeling Lewis Carroll: Connecticut Estate and Gift Tax Tables are (Still) Unclear

Through no fault of the Connecticut General Assembly, in late 2017 our newly increased Connecticut estate and gift tax exemptions were partially affected by the 2017 Federal Tax Act, commonly known as the Tax Cuts and Jobs Act…more

Estate Tax, Estate-Tax Exemption, General Assembly, Gift Tax, Gift-Tax Exemption

See all updates »

Indefinite Leave Not A Reasonable Accommodation Under Connecticut Law

On September 5, 2017, the Connecticut Appellate Court affirmed the Superior Court’s entry of summary judgment in favor of the employer in a case involving the thorny issue of whether an extended leave of absence is a reasonable…more

ADA, EEOC, FMLA, Leave of Absence, Reasonable Accommodation

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Federal Court Dismisses Federal Securities Class Action Based on Data Breach

For many years, the plaintiffs’ bar has been very active in bringing class action litigation against public companies immediately after the announcement of adverse news concerning a company, which many times triggers a decline…more

Class Action, Cybersecurity, Data Breach, Dismissals, Material Misstatements

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  • Readership information is provided to publishing law firms 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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
10 Liberty Ship Way, Suite 300
Sausalito, California 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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