Nutter McClennen & Fish LLP

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Seaport West
155 Seaport Boulevard
Boston, MA 02210, United States
Phone: 617.439.2000
Fax: 617.310.9000
Areas Of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Massachusetts
Number of Attorneys
100+ Attorneys

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 »

The Long Haul: The Blueprint for Commercial Real Estate in a Post-Pandemic World

On April 29, the Real Estate Finance Association (REFA) hosted a webinar, The Impact of COVID-19, One Year Later. The program focused on the impact of the COVID-19 pandemic on the commercial real estate industry…more

Banking Sector, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Coronavirus/COVID-19

See all updates »

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? Please see full Insights below for more…more

Depositions, Discovery, Litigation Strategies, Witness Preparation, Witnesses

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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

See all updates »

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

See all updates »

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows..…more

Appeals, Bodily Injury, Breach of Implied Contract, Breach of Warranty, But For Causation

See all updates »

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

See all updates »

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the statute…more

ABC Test, Alter Ego, Employee Definition, Independent Contractors, Joint Employers

See all updates »

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

See all updates »

Coronavirus Impacts Intellectual Property Too: Update on Patent and Trademark Prosecution at Various IP Offices in the World (Update)

The coronavirus seems to be exerting itself upon all phases of life, and your intellectual property is not immune. While you, your families, your friends, and your colleagues are getting comfortable with the new normal of…more

Asia, Canadian Intellectual Property Office (CIPO), Central America, Coronavirus/COVID-19, European Patent Office

See all updates »

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

See all updates »

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)

See all updates »

Nutter Bank Report: July 2022

Headlines - ..New Federal Guidance Issued on Customer Due Diligence and Risk Management ..Fed Proposes Rule to Mandate LIBOR-Replacement Benchmark Rates in Contracts ..CFPB Clarifies Permissible Purposes for…more

Benchmarks, Brokered Deposits, Consumer Financial Protection Bureau (CFPB), Credit Reports, Cryptocurrency

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Employee Retention Tax Credits: Additional Guidance for Economically Challenged Businesses

The IRS issued Notice 2021-49 (the “Notice”) on August 4, 2021 to provide additional guidance on the Employee Retention Tax Credit (“ERTC”) applicable to the third and fourth quarters of 2021…more

American Rescue Plan Act of 2021, CARES Act, Coronavirus/COVID-19, Economic Downturn, Employee Retention

See all updates »

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, CDC, Coronavirus/COVID-19, Eviction, Landlords

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Nutter Bank Report, February 2017

CFPB Fines Mortgage Lender for Violating the RESPA Anti-Kickback Rule The Consumer Financial Protection Bureau (“CFPB”) has taken enforcement action in the form of a consent order against a mortgage lender, including…more

Anti-Kickback Statute, Bank Fraud, Banking Sector, Consent Order, Consumer Financial Protection Bureau (CFPB)

See all updates »

Revised PPP Loan Forgiveness Applications – Two for the Price of One

On June 16, 2020, the SBA released a revised form of Loan Forgiveness Application, which incorporates the changes provided in the PPP Flexibility Act that we previously discussed, as well as a new “EZ” form intended to respond…more

Applications, Borrowers, CARES Act, Coronavirus/COVID-19, Loan Forgiveness

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

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

See all updates »

Congress Approves Significant Changes to PPP: What Borrowers Need to Know

On May 28, the House of Representatives passed legislation that amends certain provisions of the Paycheck Protection Program (PPP) largely in an effort to extend the period by which borrowers are permitted to use the proceeds…more

Amended Legislation, CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

See all updates »

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

See all updates »

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

See all updates »

Nutter Bank Report: July 2022

Headlines - ..New Federal Guidance Issued on Customer Due Diligence and Risk Management ..Fed Proposes Rule to Mandate LIBOR-Replacement Benchmark Rates in Contracts ..CFPB Clarifies Permissible Purposes for…more

Benchmarks, Brokered Deposits, Consumer Financial Protection Bureau (CFPB), Credit Reports, Cryptocurrency

See all updates »

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

See all updates »

Massachusetts Court Rules Law Firm’s Breach of Fiduciary Duty Claim Survives Former Associate’s Motion for Summary Judgment

In Lubin & Meyer v. John J. Manning, Judge Salinger, sitting in the Business Litigation Session, ruled that Lubin & Meyer’s claims for breach of fiduciary duty against its former associate, John Manning, survived summary…more

Breach of Duty, Fiduciary Duty, Motion for Summary Judgment

See all updates »

Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans

On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square feet…more

Building Permits, Coastal Real Estate, Environmental Policies, Municipalities, Real Estate Development

See all updates »

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 »

Texas Federal Court Decision Signals Willingness of Courts to Uphold Mandatory Employee Vaccination Policies

On June 12, U.S. District Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas upheld a policy established by Houston Methodist Hospital that requires employees to be vaccinated against…more

ADA, Coronavirus/COVID-19, EEOC, Employment Policies, Healthcare Facilities

See all updates »

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 »

Massachusetts Court Tosses Out Time-Barred Claims Against Williams-Sonoma

Judge Krupp, sitting in the Massachusetts Business Litigation Session, ruled that the statute of limitations barred the plaintiff’s tort, contract, and unfair and deceptive practices claims against Williams-Sonoma…more

Business Disputes, Business Litigation, Reasonable Person Test, Statute of Limitations, Time-Barred Claims

See all updates »

Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans

On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square feet…more

Building Permits, Coastal Real Estate, Environmental Policies, Municipalities, Real Estate Development

See all updates »

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)

See all updates »

The End of the Stretch IRA as We Know It: Important Information About the SECURE Act

The Setting Every Community Up For Retirement Enhancement (“SECURE”) Act, which was enacted into law last month, changed the rules governing the payout of inherited retirement benefits and essentially eliminated the “stretch…more

401k, Beneficiary Designations, Employee Benefits, ERISA, Estate Planning

See all updates »

Structuring Fund Debt-Financed Investments in S Corporation Businesses to Minimize Ordinary Income to the S Corporation

Partnerships are ineligible S corporation shareholders. So, a partnership cannot acquire shares in an S corporation without terminating that corporation’s S election. However, a partnership can still invest in an S corporation’s…more

Corporate Taxes, Debt Financing, Holding Companies, Investment Funds, Limited Liability Company (LLC)

See all updates »

Overriding the Governor, Massachusetts Legislature Gives Pass-Through Entity Owners a Workaround to Federal SALT Deduction Cap

The Massachusetts legislature, overriding Governor Baker’s prior veto, has voted to enact a new elective pass-through entity (“PTE”) tax designed as a way for PTE owners to get out from under the $10,000 cap ($5,000 for married…more

Congressional Override, Corporate Taxes, Governor Baker, Governor Vetoes, New Legislation

See all updates »

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

See all updates »

Update on Massachusetts Eviction Moratorium Due to COVID-19

On April 27, 2020, the Commonwealth’s Executive Office of Housing and Economic Development (“EOHED”) issued emergency regulations, forms, and guidance in connection with Chapter 65 of the Acts of 2020, An Act Providing for a…more

Coronavirus/COVID-19, Eviction, Forbearance Agreements, Foreclosure, Moratorium

See all updates »

Overriding the Governor, Massachusetts Legislature Gives Pass-Through Entity Owners a Workaround to Federal SALT Deduction Cap

The Massachusetts legislature, overriding Governor Baker’s prior veto, has voted to enact a new elective pass-through entity (“PTE”) tax designed as a way for PTE owners to get out from under the $10,000 cap ($5,000 for married…more

Congressional Override, Corporate Taxes, Governor Baker, Governor Vetoes, New Legislation

See all updates »

Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans

On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square feet…more

Building Permits, Coastal Real Estate, Environmental Policies, Municipalities, Real Estate Development

See all updates »

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

See all updates »

Sixth Circuit Court of Appeals Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that the…more

Appeals, Compliance Dates, Coronavirus/COVID-19, Employer Mandates, Masks

See all updates »

3 Commercial Construction Issues to Hammer Out Before the Shovel Hits the Ground: Insights from Chris Papavasiliou

All of the parties involved on a project should agree on the following: 1) price and method of compensation; 2) the scope of the project; and 3) timing for completion. Please see full Insights below for more information…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, General Contractors

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

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 »

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

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

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

See all updates »

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the statute…more

ABC Test, Alter Ego, Employee Definition, Independent Contractors, Joint Employers

See all updates »

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

See all updates »

Received a Bankruptcy Notice During the Pandemic? Don’t Delay

Creditors risk losing important rights in bankruptcy cases if deadlines are not met. Unfortunately, sometimes the existence or relevance of a deadline is not obvious to a creditor. Indeed, bankruptcy notices can be…more

Bankruptcy Court, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors, Federal Rules of Bankruptcy Procedure

See all updates »

Key Massachusetts Legislation and Administrative Guidance to Help Massachusetts Nonprofits Navigate the Pandemic

Massachusetts nonprofit organizations should take note of three actions taken by Massachusetts governmental bodies in April 2020 to assist them in operating during the current COVID-19 pandemic and beyond. These actions are..…more

CARES Act, Coronavirus/COVID-19, Corporate Governance, New Guidance, New Legislation

See all updates »

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

See all updates »

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

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

The ABCs of Leasing

Q: What are some of the basics of negotiating leases? Timothy M. Smith: Negotiating leases requires an understanding of the type of space being leased, how the rent economics are structured, and how services (including…more

Commercial Leases, Commercial Real Estate Market, Contract Negotiations, Contract Terms, Letters of Intent

See all updates »

Superior Court Decision Creates Uncertainty Concerning Municipal Harbor Plans

On April 1, 2021, the Superior Court issued a summary judgment decision in Katharine Armstrong, et al. v. Kathleen Theoharides, et al., which impacts coastal properties on previously filled tidelands and millions of square feet…more

Building Permits, Coastal Real Estate, Environmental Policies, Municipalities, Real Estate Development

See all updates »

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

See all updates »

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

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

Coastal Resiliency: what Massachusetts Residents Need to Know Before Purchasing Coastal Property 

To avoid surprises, potential buyers and current owners of shoreline property in Massachusetts should include in their purchase and development plans coastal resiliency strategies that will enable them to withstand, respond to,…more

Building Codes, Building Permits, Climate Change, Coastal Real Estate, Housing Developers

See all updates »

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

See all updates »

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

See all updates »

Overriding the Governor, Massachusetts Legislature Gives Pass-Through Entity Owners a Workaround to Federal SALT Deduction Cap

The Massachusetts legislature, overriding Governor Baker’s prior veto, has voted to enact a new elective pass-through entity (“PTE”) tax designed as a way for PTE owners to get out from under the $10,000 cap ($5,000 for married…more

Congressional Override, Corporate Taxes, Governor Baker, Governor Vetoes, New Legislation

See all updates »

Massachusetts Court Tosses Out Time-Barred Claims Against Williams-Sonoma

Judge Krupp, sitting in the Massachusetts Business Litigation Session, ruled that the statute of limitations barred the plaintiff’s tort, contract, and unfair and deceptive practices claims against Williams-Sonoma…more

Business Disputes, Business Litigation, Reasonable Person Test, Statute of Limitations, Time-Barred Claims

See all updates »

Nutter Securities Enforcement Update: August 1, 2022

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

Advisors Act, Cease and Desist Orders, Civil Monetary Penalty, Disgorgement, Enforcement Actions

See all updates »

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

See all updates »

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  • Measure readership and usage of the Website and Services;
  • 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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