Author Info for Nutter McClennen & Fish LLP

Marianne Ajemian

Massachusetts Enacts Significant Zoning Changes as Part of Economic Stimulus Legislation

On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). The Act is a comprehensive economic relief and stimulus bill that will affect a multitude of industries across the…more

Building Permits, Economic Stimulus, Governor Baker, Mixed-Use Zoning, Multi-Family Development

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Kadeem Apply

Rising Tide of SEC Disclosure Obligations Threatens to Inundate Registrants with New Reporting Costs

Overview On March 6, 2024, in a 3-2 vote along party lines, the Securities and Exchange Commission (SEC) issued a controversial 886-page final climate-related disclosure rule (Final Rules) that will require companies to include…more

Climate Change, Corporate Governance, Disclosure Requirements, Emerging Growth Companies, Environmental Social & Governance (ESG)

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Paul Ayoub

Commercial Real Estate Outlook for 2024

Paul Ayoub and Joseph Jannetty evaluate the Commercial Real Estate Outlook for 2024. They analyze key issues and data from the prior year to provide perspective on the challenges and opportunities in the real estate industry in…more

Banks, Capitalization, CMBS, Commercial Property Owners, Commercial Real Estate Market

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Kenneth Berman

The Failures of Conventional Witness Preparation: Insights from Nutter's Ken Berman

Q: You’ve written and spoken extensively on how conventional witness preparation can leave witnesses giving horrible testimony in depositions and cross-examination. What’s the problem? …more

Depositions, Discovery, Litigation Strategies, Witness Preparation, Witnesses

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Seth Berman

Step Carefully: Protecting Data Breach Expert Reports from Discovery

In order to provide legal advice to clients in the aftermath of a hacking, lawyers must rely on digital forensics investigators to understand the nature and scope of the breach. Corporations also use this type of information to…more

Cyberforensics, Data Breach, Discovery, Expert Reports

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William Bernat

For Food & Beverage Entrepreneurs, Financing Deals Often Come In More Flavors Than Just Vanilla: Insights from Nutter’s Will Bernat

Will Bernat, a partner in Nutter’s Business Department and a member of the firm’s Emerging Companies and Commercial Finance practice groups, weighed in on financing deals for food and beverage companies in Nutter Insights. Will…more

Capital Raising, Choice of Entity, Convertible Debt, Entrepreneurs, Food Manufacturers

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Ritika Bhakhri

Product Liability 2023 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ..…more

Class Action, Failure To Warn, Food and Drug Administration (FDA), Hazardous Substances, Labeling

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Stephen Brake

Will Business Interruption Insurance Protect Against Losses Caused by COVID-19?

As the COVID-19 pandemic increasingly affects businesses across the United States, the question whether business interruption insurance will cover economic losses felt by the business community has arisen. This advisory…more

Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Claims, Policy Exclusions

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Natalie Cappellazzo

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

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Natalie Choate

Key Retirement Plan Components of the Coronavirus Aid, Relief, and Economic Security Act

The Coronavirus Aid, Relief, and Economic Security Act (the “Act”) provides retirement plan relief and makes financial assistance available to certain individuals affected by COVID-19. An individual who reached the age of 70 ½…more

CARES Act, Coronavirus/COVID-19, Relief Measures, Required Minimum Distributions, Retirement Plan

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Patrick Concannon

Are You Using AI to Process Consumer Information? Revisit Your Privacy Policy First!

What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Matthew Connolly

Environment & Energy Insights (August 2024)

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential…more

Clean Water Act, Energy Sector, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances

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Eliza Cox

The Massachusetts Department of Environmental Protection Issues New Septic Regulations for Cape Cod

On June 21, the Massachusetts Department of Environmental Protection (MassDEP) issued final regulations addressing nitrogen pollution caused by septic systems on Cape Cod. The regulations will require landowners in “Nitrogen…more

Contamination, Discharge of Pollutants, Final Rules, MassDEP, Public Comment

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Isabelle Cunningham

Beverage Breakdown (August 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more…more

Administrative Law Judge (ALJ), Advertising, Beverage Manufacturers, Breweries, Chevron Deference

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Dawn Curry

Tips for Trying Science-Based Jury Cases as We Emerge From the COVID-19 Pandemic

Q: The COVID-19 pandemic has exacerbated the skepticism some laypeople harbor toward scientists and medical experts. How can you overcome these jurors’ perceptions in science-based trials? A: Trial lawyers should spend more time…more

Bias, Coronavirus/COVID-19, Expert Witness, Federal Rules of Evidence, Juror

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Thomas Curry

Nutter Bank Report: February 2022

Federal Court Rejects Challenges to FDIC’s and OCC’s “Valid When Made” Rules A federal court in two separate but related cases has rejected challenges to the FDIC’s and the OCC’s respective regulations that codified the…more

Banking Sector, Central Bank Digital Currency (CBDCs), Consumer Financial Protection Bureau (CFPB), Digital Currency, FDIC

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Matthew Doring

The Corporate Transparency Act: FinCEN to Collect Beneficial Ownership Information

The Corporate Transparency Act (“CTA”) was enacted as part of the Anti-Money Laundering Act of 2020. The purpose of the CTA is to deter anonymous owners of corporations, limited liability companies, and other entities from…more

Anti-Money Laundering, Banking Sector, Beneficial Owner, Corporate Transparency Act, Customer Due Diligence (CDD)

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Alexander Eddinger

2024 Massachusetts Affordable Housing Bill Makes Notable Improvements to G.L. c. 185 Governing Registered Land: What You Need to Know About the 2024 Massachusetts Affordable Housing Bill

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several revisions to G.L. c. 185 that will streamline the processes for deregistration and correcting minor mistakes on certificates of…more

Affordable Housing, Expedited Approval Process, New Legislation, Real Estate Development, Title Examination

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Kenneth Ehrlich

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be…more

Advisory Opinions, Banking Sector, Banks, Consumer Contracts, Consumer Financial Protection Bureau (CFPB)

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David Ferrera

Product Liability 2023 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ..…more

Class Action, Failure To Warn, Food and Drug Administration (FDA), Hazardous Substances, Labeling

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Emmanuel Filandrianos

Racketeering Not Just for Mobsters Anymore: Patent Proceedings Too

What began as a run-of-the-mill patent lawsuit for a popular sportswear company spiraled into a six year litigation war; one that, when the dust of the suit at law settled, resulted in accusations of “racketeering.”…more

Fashion Branding, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Validity

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Robert Fishman

Traps for the Unwary: Text Messages, Authorized Agents, and Binding Letters of Intent

A recent Land Court decision strongly suggests that sellers should proceed with caution when negotiating real estate transactions via email and text messages. In determining whether a contract was formed between two companies…more

Contract Negotiations, Electronic Communications, Email, Real Estate Transactions, Statute of Frauds

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Emily Grannon Fox

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

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Joshua French

M&A in Brief: Q2 2023

Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v. KKR…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Corwin Doctrine, Disclosure Requirements

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Matthew Gaughan

CDC Orders Temporary Residential Eviction Moratorium to Prevent Further Spread of COVID-19

On September 1, 2020, as part of its public health response to the COVID-19 pandemic, the Centers for Disease Control (“CDC”) and the Department of Health and Human Services (“HHS”) issued a final agency order temporarily…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Landlords

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Maya Ginga Ritchie

E-Gaming Company FaZe Clan Subject to Potential Successor Liability

In Crashfund LLC v. FaZe Clan, investors in Wanderset Inc. sued successor e-gaming company, FaZe Clan. Wanderset investors claimed that their agreements with Wanderset granted them conditional rights to obtain stock…more

Asset Purchaser, Breach of Contract, Change in Control, Investors, Mergers

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Sara Goldman Curley

Notarization in the Age of COVID-19: Massachusetts Adopts Remote Notarization Law

On April 27, 2020, Massachusetts Governor Charlie Baker signed into law An Act Providing For Virtual Notarization To Address Challenges Related To COVID-19, which permits notaries in the Commonwealth to notarize documents…more

Coronavirus/COVID-19, Governor Baker, New Legislation, Notarization, Remote Notarization

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Jeremy Halpern

SEC Proposal for Limited Exemption from Broker-Dealer Registration

On October 7, 2020, the Securities and Exchange Commission (the “SEC”) proposed a limited, conditional exemption from the broker registration requirements of Section 15(a) of the Securities Exchange Act of 1934 (the “Exchange…more

Broker-Dealer, Financial Services Industry, Finders, Private Offerings, Proposed Regulation

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Matthew Hanaghan

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be…more

Advisory Opinions, Banking Sector, Banks, Consumer Contracts, Consumer Financial Protection Bureau (CFPB)

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David Henderson

Massachusetts gives birth to Pregnant Workers Fairness Act

David C. Henderson, a partner in Nutter’s Litigation Department, authored an article analyzing the Pregnant Workers Fairness Act in Massachusetts Lawyers Weekly. In the article, “Massachusetts Gives Birth to Pregnant Workers…more

Employer Liability Issues, Employment Policies, Pregnancy, Reasonable Accommodation, State Labor Laws

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Kate Henry

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be…more

Advisory Opinions, Banking Sector, Banks, Consumer Contracts, Consumer Financial Protection Bureau (CFPB)

See all updates »

Joseph Jannetty

Environment & Energy Insights (August 2024)

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential…more

Clean Water Act, Energy Sector, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances

See all updates »

Mark Jensen

Nutter Securities Enforcement Update: Presidential Election Campaign Donations May Trigger Investment Adviser “Pay to Play” Rule

Overview: Investment advisers that seek to manage public money need to consider the SEC’s “pay to play” rule, which restricts election-related contributions by the firms or their “covered associates” to elected state government…more

CFTC, Covered Person, Financial Industry Regulatory Authority (FINRA), Government Entities, Governor Walz

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Daniel Johnston

2024 Massachusetts Affordable Housing Bill Includes Provisions Intended to Promote Residential Housing Construction: What You Need to Know About the 2024 Massachusetts Affordable Housing Bill

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, includes provisions intended to promote residential housing construction. These provisions: (1) require municipalities to permit accessory…more

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

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Portia Keady

Are You Using AI to Process Consumer Information? Revisit Your Privacy Policy First!

What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Enforcement Actions, Federal Trade Commission (FTC)

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Meghan Kelly

M&A in Brief: Q2 2023

Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v. KKR…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Corwin Doctrine, Disclosure Requirements

See all updates »

Sarah Kelly

Massachusetts Supreme Judicial Court Interprets Prompt Pay Act for the First Time

On June 17, 2024, the Supreme Judicial Court (SJC) issued its first decision interpreting the Massachusetts Prompt Pay Act (the “PPA”). In Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc.,[1]…more

Affirmative Defenses, Breach of Contract, Construction Contracts, Construction Project, General Contractors

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Jonathan Kotlier

Academic Fraud Investigations: What Universities Are Doing Wrong and How They Can Get it Right

A panel of three professors posing inartfully phrased questions of a witness under oath, with members of the administration present, may not be the best way to gather relevant facts. Q: How do institutions of higher education…more

Academic Misconduct, Attorney-Client Privilege, Colleges, Educational Institutions, Evidence

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Michael Krebs

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be…more

Advisory Opinions, Banking Sector, Banks, Consumer Contracts, Consumer Financial Protection Bureau (CFPB)

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Michael Kushnir

Reviving Our Restaurants: How the American Rescue Plan Act's Restaurant Revitalization Fund Can Help

After a year of devastating challenges for the restaurant industry, the American Rescue Plan Act of 2021 established the $28.6 billion Restaurant Revitalization Fund (“RRF”), a program operated by the U.S. Small Business…more

American Rescue Plan Act of 2021, Biden Administration, Coronavirus/COVID-19, Federal Funding, Federal Grants

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Meredith Lawrence

The Corporate Transparency Act Webinar Recap

Watch the full recording. What Is the CTA? The CTA (31 USC § 5336; 31 CFR 1010) is intended to strengthen the federal government’s anti-money laundering efforts by requiring many business entities to report information regarding…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Estate Planning

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Michael Leard

Massachusetts Court Rejects Claim that Shareholder’s Renunciation of Shares Ended Fiduciary Duty Owed to Close Corporation

Judge Ricciuti, sitting in the Massachusetts Business Litigation Session, rejected a shareholder’s claim that she could shed herself of the fiduciary duty she owed to a close corporation by renouncing her shares in the…more

Breach of Duty, Closely Held Businesses, Fiduciary Duty, Shareholder Litigation, Shareholders

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Michael Leon

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised rule…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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David Libardoni

Massachusetts Enacts Significant Zoning Changes as Part of Economic Stimulus Legislation

On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). The Act is a comprehensive economic relief and stimulus bill that will affect a multitude of industries across the…more

Building Permits, Economic Stimulus, Governor Baker, Mixed-Use Zoning, Multi-Family Development

See all updates »

Christopher Lindstrom

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

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John Loughnane

PPP Part II – An Early Present to Small Businesses

Congress has passed the long-awaited bipartisan stimulus package on December 21, 2020 which is expected to be signed by the President. Included in this package are significant changes to the existing Paycheck Protection Program…more

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

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Robert Lynch Jr.

The Corporate Transparency Act Webinar Recap

Watch the full recording. What Is the CTA? The CTA (31 USC § 5336; 31 CFR 1010) is intended to strengthen the federal government’s anti-money laundering efforts by requiring many business entities to report information regarding…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Estate Planning

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Eric Magnuson

Massachusetts Court Awards Preliminary Injunction to Wrongfully Terminated Board Member

Judge Kazanjian, sitting in the Massachusetts Business Litigation Session, allowed a plaintiff board member’s motion for a preliminary injunction. Judge Kazanjian’s order reinstated the plaintiff to the board of directors and…more

Board of Directors, Breach of Contract, Civil Conspiracy, Contract Formation, Employment Litigation

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John McBrine

Legacy Matters (Fall 2023)

Welcome to the first edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. …more

Charitable Donations, Corporate Transparency Act, Donations, Estate Planning, Estate Tax

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Melissa Sampson McMorrow

The Real Impact (Summer 2024)

Welcome to the inaugural edition of The Real Impact. In this edition, we discuss three strategic alternatives to consider for nonprofit integration and insights on the proposed regulations on donor advised funds. Guest author…more

Corporate Governance, Donors, Investment Funds, Management Agreements, Mergers

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Micah Miller

Patent Litigation in a Pandemic: Courts Forge Ahead And Patentees Continue to Institute New Cases Despite Coronavirus

As we enter a new month and everyone attempts to plan for whatever the next phase of COVID-19 will bring, one thing appears certain—litigants and advocates may need to adapt to a new means of presenting their cases, but patent…more

Coronavirus/COVID-19, Corporate Counsel, Court Closures, Court Schedules, Patent Litigation

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Beth Mitchell

The Corporate Transparency Act Webinar Recap

Watch the full recording. What Is the CTA? The CTA (31 USC § 5336; 31 CFR 1010) is intended to strengthen the federal government’s anti-money laundering efforts by requiring many business entities to report information regarding…more

Beneficial Owner, Compliance, Corporate Governance, Corporate Transparency Act, Estate Planning

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Michael Mooney

Key Considerations When Planning for the Massachusetts ‘Millionaires Tax’

On November 8, 2022, Massachusetts voters approved an amendment to the Massachusetts Constitution imposing, effective January 1, 2023, a surtax of 4% on an individual’s annual taxable income to the extent it exceeds $1 million…more

Constitutional Amendment, Income Taxes, New Legislation, State Constitutions, State Taxes

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Valerie Moore

Changes to 40B and Affordable Housing Preferences for Veterans: What You Need to Know About the 2024 Massachusetts Affordable Housing Bill

The new Affordable Homes Act revised Section 22 of Chapter 40B, part of the comprehensive permit law, to require the Housing Appeals Committee to notify the Secretary of the Executive Office of Housing and Livable Communities…more

Affordable Housing, Housing Developers, Municipalities, New Legislation, Real Estate Development

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Mary Moran

M&A in Brief: Q2 2023

Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v. KKR…more

Acquisitions, Contract Terms, Coronavirus/COVID-19, Corwin Doctrine, Disclosure Requirements

See all updates »

Daniel Mulhern

Legacy Matters (Spring 2024)

Welcome to the spring edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. In this issue, we analyze charitable deductions and required recordkeeping…more

Charitable Deductions, Charitable Donations, Estate Planning, High Net-Worth, Internal Revenue Code (IRC)

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Elizabeth Myers

AI in the Workplace: Balancing Potential, Risks, and Regulations for Employers

Since ChatGPT was released in late 2022, and the subsequent release of Claude, Bing AI, Llama, and Bard, the use of generative artificial intelligence (“AI”) has dramatically increased. Unsurprisingly, employees now use AI at…more

Algorithms, Artificial Intelligence, Confidential Information, Corporate Branding, Employer Liability Issues

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Liam O'Connell

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

See all updates »

Francesca Oliveira

Are You Using AI to Process Consumer Information? Revisit Your Privacy Policy First!

What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Christopher Papavasiliou

Massachusetts Supreme Judicial Court Interprets Prompt Pay Act for the First Time

On June 17, 2024, the Supreme Judicial Court (SJC) issued its first decision interpreting the Massachusetts Prompt Pay Act (the “PPA”). In Business Interiors Floor Covering Business Trust v. Graycor Construction Co., Inc.,[1]…more

Affirmative Defenses, Breach of Contract, Construction Contracts, Construction Project, General Contractors

See all updates »

Ashley Paquin

Nutter Securities Enforcement Update: April 18, 2024

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action filings…more

CFOs, Civil Monetary Penalty, Cooperation, Electronic Communications, Enforcement

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Stephen Patterson

PPP Part II – An Early Present to Small Businesses

Congress has passed the long-awaited bipartisan stimulus package on December 21, 2020 which is expected to be signed by the President. Included in this package are significant changes to the existing Paycheck Protection Program…more

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

See all updates »

Natalia Peña

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

See all updates »

Cassandra Prince

Legacy Matters (Spring 2024)

Welcome to the spring edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. In this issue, we analyze charitable deductions and required recordkeeping…more

Charitable Deductions, Charitable Donations, Estate Planning, High Net-Worth, Internal Revenue Code (IRC)

See all updates »

Susan Repetti

House Ways and Means Committee Releases ‘Chairman’s Mark’ of Federal Tax Reform Plan

On November 2, House Ways and Means Committee Chairman Kevin Brady released the Tax Cuts and Jobs Act, a bill that would make sweeping changes to the U.S. tax code. The draft legislation unveiled yesterday is the “chairman’s…more

Corporate Taxes, Estate Tax, Income Taxes, Legislative Agendas, Proposed Legislation

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Ian Roffman

Nutter Securities Enforcement Update: Presidential Election Campaign Donations May Trigger Investment Adviser “Pay to Play” Rule

Overview: Investment advisers that seek to manage public money need to consider the SEC’s “pay to play” rule, which restricts election-related contributions by the firms or their “covered associates” to elected state government…more

CFTC, Covered Person, Financial Industry Regulatory Authority (FINRA), Government Entities, Governor Walz

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Philip Rosenblatt

COVID-19 Emergency Funding Solutions

Riding the wave of the longest bull market in U.S. history, and in a growing field of available institutional capital, funding options under company-friendly terms were the norm until a few weeks ago. With the spread of the…more

Coronavirus/COVID-19, Economic Injury Disaster Loans, Line of Credit, SBA, Small Business

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David Rubin

Pay Transparency Requirements Effective in Massachusetts in 2025

Massachusetts has officially joined the growing list of states requiring employers to include salary ranges in job postings—but not until 2025. On July 31, 2024, Governor Maura Healey signed Bill H. 4890, “An Act relative to…more

EEO, EEO-1, Job Ads, Job Applicants, New Legislation

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Mary Ryan

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of…more

Atlantic Richfield Co v Christian, CERCLA, Clean-Up Costs, Common Law Claims, Conflicts of Laws

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Armand Santaniello

Are You Using AI to Process Consumer Information? Revisit Your Privacy Policy First!

What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and…more

Artificial Intelligence, Compliance, Consumer Privacy Rights, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Julia Satti Cosentino

Legacy Matters (Spring 2024)

Welcome to the spring edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. In this issue, we analyze charitable deductions and required recordkeeping…more

Charitable Deductions, Charitable Donations, Estate Planning, High Net-Worth, Internal Revenue Code (IRC)

See all updates »

Steven Saunders

Protecting Intellectual Property FAQs

Why do entrepreneurs need to protect their technical and scientific innovations? If you start a grocery store, you probably are not selling a technical or scientific innovation, so your goal is to execute better than the…more

Copyright, Intellectual Property Protection, Patents, Trade Secrets, Trademarks

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Michael Scott

Will Developers Swipe Right on Opportunity Zones?

Q: Why did the Tax Cuts and Jobs Act of 2017 create the “Opportunity Zones” provision? A: Qualified Opportunity Zones are low income census tracts nominated by governors and designated by the U.S. Treasury Department. The…more

Capital Gains, Community Development, Investment Funds, Opportunity Zones, Qualified Opportunity Funds

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Nichole Shustack

Beverage Breakdown (August 2024)

Welcome to Nutter's Beverage Breakdown, a periodic legal update on noteworthy developments related to the alcohol beverage industry, including industry news, federal and state updates, and more…more

Administrative Law Judge (ALJ), Advertising, Beverage Manufacturers, Breweries, Chevron Deference

See all updates »

Mariel Smith

Nutter Securities Enforcement Update: March 1, 2023

The Nutter Securities Enforcement Update is a periodic summary of noteworthy recent securities enforcement activity, settlements, decisions, and charges…more

Audits, Broker-Dealer, Compliance, Corporate Governance, Enforcement Actions

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Timothy Smith

FAQs for Commercial Landlords When a Tenant Files Chapter 11

When a tenant under an unexpired lease of nonresidential real property files a case under chapter 11 of the Bankruptcy Code, both tenant and landlord acquire rights and obligations that may contravene the terms of the lease or…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Commercial Property Owners

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Matthew Snell

Environment & Energy Insights (August 2024)

Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential…more

Clean Water Act, Energy Sector, Environmental Protection Agency (EPA), Final Rules, Hazardous Substances

See all updates »

Elisabeth Spector

Legacy Matters (Spring 2024)

Welcome to the spring edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. In this issue, we analyze charitable deductions and required recordkeeping…more

Charitable Deductions, Charitable Donations, Estate Planning, High Net-Worth, Internal Revenue Code (IRC)

See all updates »

Nicholas Stabile

When Estate Planning Meets #BlindNewWorld

During the Perkins School for the Blind annual fundraising gala, Perkins Possibilities 2016, we witnessed the launch of the powerful social change campaign called BlindNewWorld. The campaign aims to help the sighted population…more

Client Services, Disability

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Johanna Wise Sullivan

Estate Planning Tips for Food and Beverage Entrepreneurs

Q: What is estate planning? Johanna Wise Sullivan: Estate planning entails planning for the care of your family and your assets in the event of your death or incapacity as efficiently and seamlessly as possible. This includes…more

Advance Directives, Beneficiaries, Beverage Manufacturers, Entrepreneurs, Estate Planning

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Kyle Sutton

Legacy Matters (Fall 2023)

Welcome to the first edition of Legacy Matters, Nutter’s private wealth and nonprofit newsletter focusing on estate planning and philanthropy topics. …more

Charitable Donations, Corporate Transparency Act, Donations, Estate Planning, Estate Tax

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Mark Tarallo

M&A in Brief: Q1 2024

In a letter ruling, the Delaware Chancery Court held that where neither the target nor the acquiror was a Delaware entity, the transaction documents between the parties could not confer jurisdiction in the Chancery Court despite…more

Acquisitions, Board of Directors, Business Judgment Rule, Conflicts of Interest, Contract Terms

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Andrew Tenzer

Tenant’s Rights When Its Commercial Landlord Seeks Chapter 11 Protection

Financial distress persists in the commercial real estate market, raising the prospects that property owners and landlords could seek relief under chapter 11 of the Bankruptcy Code. The Bankruptcy Code contains numerous…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Commercial Leases, Commercial Tenants

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Joseph Toomey

Nutter Securities Enforcement Update: April 18, 2024

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action filings…more

CFOs, Civil Monetary Penalty, Cooperation, Electronic Communications, Enforcement

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Sarah Turano-Flores

2024 Massachusetts Affordable Housing Bill Makes Notable Improvements to G.L. c. 185 Governing Registered Land: What You Need to Know About the 2024 Massachusetts Affordable Housing Bill

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several revisions to G.L. c. 185 that will streamline the processes for deregistration and correcting minor mistakes on certificates of…more

Affordable Housing, Expedited Approval Process, New Legislation, Real Estate Development, Title Examination

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Thomas Tuytschaevers

Innovation in the Remote Work Environment: May You Flourish in These Challenging Times

We live in challenging times, yet we have the opportunity and the means to flourish, and should do so. In 1966, Senator Robert F. Kennedy faced the challenges of his era and recalled an ancient curse, which says “May he live in…more

Coronavirus/COVID-19, Innovation, Remote Working, Technology, Virtual Meetings

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Ian Urquhart

Massachusetts Supreme Judicial Court Concludes that a Court May Order Interim Use and Occupancy Payments to be Paid to a Landlord During a Pending Eviction Action

In Davis v. Comerford, 483 Mass. 164 (2019), the Massachusetts Supreme Judicial Court considered whether a judge has authority to issue orders for interim use and occupancy payments during the pendency of a summary process…more

Eviction, Judicial Discretion, Landlords, MA Supreme Judicial Court, Occupancy

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Erin Whitney Cicchetti

The Real Impact (Summer 2024)

Welcome to the inaugural edition of The Real Impact. In this edition, we discuss three strategic alternatives to consider for nonprofit integration and insights on the proposed regulations on donor advised funds. Guest author…more

Corporate Governance, Donors, Investment Funds, Management Agreements, Mergers

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Sara Lonks Wong

Massachusetts Court Awards Preliminary Injunction to Wrongfully Terminated Board Member

Judge Kazanjian, sitting in the Massachusetts Business Litigation Session, allowed a plaintiff board member’s motion for a preliminary injunction. Judge Kazanjian’s order reinstated the plaintiff to the board of directors and…more

Board of Directors, Breach of Contract, Civil Conspiracy, Contract Formation, Employment Litigation

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Melanie Woodward

Nutter Securities Enforcement Update: Presidential Election Campaign Donations May Trigger Investment Adviser “Pay to Play” Rule

Overview: Investment advisers that seek to manage public money need to consider the SEC’s “pay to play” rule, which restricts election-related contributions by the firms or their “covered associates” to elected state government…more

CFTC, Covered Person, Financial Industry Regulatory Authority (FINRA), Government Entities, Governor Walz

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Shannon Zollo

Employee Retention Tax Credits: Another Potential Benefit for Economically Challenged Businesses

After the passage of the CARES Act last year, the clear focus of small businesses was on the Paycheck Protection Program (the “PPP”). A slightly less reported feature was the tax credit available for the retention of employees…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Paycheck Protection Program (PPP), Payroll Taxes

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