Author Info for Verrill

Eric Altholz

Section 457(f) Plans and Noncompete Clauses: What the IRS Gave, the FTC May Take Away

When the IRS published proposed regulations harmonizing key provisions of Code Sections 409A and 457(f) in 2016, executive compensation lawyers and consultants rejoiced. It was not just that a long wait was over (roughly nine…more

Deferred Compensation, Employer Liability Issues, Exceptions, Executive Compensation, Exemptions

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Tawny Alvarez

Updated Postings for Maine Employers

Employers in the State of Maine with fifty (50) or more employees should be mindful that the Maine Bureau of Labor has updated its poster for Veterans Benefits and Services..…more

Employees, Employer Liability Issues, Labor Regulations, State and Local Government, State Labor Laws

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Nicholas Anania

Future of Non-Competes: Insights into Executive Order Promoting Competition in the American Economy

President Biden’s June 9th Executive Order (EO) on Promoting Competition in the American Economy touches on a handful of potential measures and initiatives aimed at promoting competition throughout the U.S. workforce. Section…more

Biden Administration, Competition, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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Scott Anderson

Newsflash: Rockweed Not a Fish

In this episode of Verrill Voices, environmental attorneys Gordon Smith and Scott Anderson discuss how private property rights could save the world, or at least the coast of Maine, when the fate of ecologically vital rockweed…more

Land Owners, Land Use Restrictions, ME Supreme Court, Private Property, Property Owners

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Charles Bacall

Is a Benefit Corporation Right for You?

The “benefit corporation” is a relatively new type of business entity. In 2010, Maryland became the first state in the U.S. to enact a statute recognizing and providing for the organization of this form of entity. In September,…more

Benefit Corporations, Board of Directors, Corporate Entities, Corporate Governance, New Legislation

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Jessica Bailot

2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

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Thomas Bean

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to…more

Attorney General, Attorney-Client Privilege, Facebook, Internal Investigations, State and Local Government

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Amanda Beauregard

Telehealth and the Evolving Landscape of Medicare Requirements

Telehealth is an important and growing part of healthcare delivery that a wide range of patients and healthcare providers have come to rely on for access to care and continuity of treatment. Telehealth took on an especially…more

Coronavirus/COVID-19, Department of Health and Human Services (HHS), Healthcare, Healthcare Reform, Legislative Agendas

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Phillip Bixby

The PPP Litigation Wave Is Coming: Anticipated “Qui Tam” Lawsuits Under the False Claims Act

Many businesses and other borrowers, such as nonprofit organizations, that received Paycheck Protection Program (PPP) loans are now several weeks into disbursing their PPP loans for payroll, mortgage or lease payments, and…more

Borrowers, CARES Act, Certificate of Need, False Claims Act (FCA), Financial Stimulus

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Lisa Boehm

IRS Issues Guidance Addressing Matching Contributions on Student Loan Payments

Section 110 of the SECURE 2.0 Act of 2022 (“SECURE 2.0”) permits employers maintaining a 401(k), 403(b), governmental 457(b), or SIMPLE IRA plan to make matching contributions based on qualified student loan payments (“QSLPs”),…more

401k, 403(b) Plans, 457(b) Plans, Certification Requirements, Employee Benefits

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Katharine Brite

2023 Massachusetts Tax Update

Massachusetts Estate Tax: For decedents dying on or after January 1, 2023, there is no Massachusetts estate tax for an estate under $2,000,000. The law does not adjust the filing threshold so state tax returns may still be…more

Business Taxes, Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes

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Robert Brooks

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared…more

Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

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Juliet Browne

Navigating Change: DEP proposes revisions to Maine Metallic Mineral Mining Rules and Administrative Procedures

On December 7, the Maine Board of Environmental Protection (BEP) voted to post to public comment amendments to two Department of Environmental (DEP) sets of rules. The first proposes changes to Chapter 200, Metallic Mineral…more

Administrative Procedure, Department of Environmental Protection, Environmental Policies, Mineral Extraction, Mining

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Julie Braverman Bruno

Private Clients Group Client Alert

There have been a few important law and tax changes over the course of 2023 and we in the Private Clients Group here at Verrill wanted to make you aware of the recent changes, such as 1) new strict corporate reporting…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Estate Planning, Filing Deadlines

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Anthony Calcagni

A ‘Healthy’ Approach to Possible Commercial Lease Defaults in the Age of Coronavirus (COVID-19)

As COVID-19 cases mount across the country, the inability to perform commercial lease obligations due to unforeseen circumstances has moved to the forefront. In contract-speak, unforeseen circumstances that lead to…more

Commercial Leases, Coronavirus/COVID-19, Force Majeure Clause

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James Cohen

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

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Scott Connolly

Conducting Reductions In Force (RIFs): 10 Practical Tips for Employers to Avoid Lawsuits

We recently have observed an increase in the number of employers conducting group layoffs or “RIFs” in order to cut costs because of the economic downturn. This trend may only worsen in the coming year. Employers must be aware…more

ADEA, Employee Retirement Income Security Act (ERISA), Employees, Employer Liability Issues, Layoffs

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Kimberly Couch

A Primer on COBRA Continuation Coverage for Health Care Flexible Spending Accounts

It is a common practice for employers to offer employees a health care flexible spending account (“Health FSA”) option under a cafeteria plan. However, employers (and their COBRA administrators) may not be aware that Health FSAs…more

COBRA, Corporate Counsel, Employee Benefits, Excise Tax, Flexible Spending Accounts

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Douglas Currier

FTC’s Non-Compete Ban: Status & Next Steps

Yesterday afternoon (August 20, 2024), the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) Final Rule banning most non-competition agreements between employers and…more

Employees, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Kelly Donahue

Say What You Mean, Mean What You Say…Gorelick v. Star Markets: A Study in Indemnity

Indemnity clauses in contracts are a valuable tool for allocating risk among the contracting parties, most often risk attendant to personal injury and property damage, and their effect can be far-reaching. Despite their…more

Appeals, Breach of Contract, Contract Disputes, Contract Terms, Indemnification Clauses

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Jonathan Dunitz

Navigating Maine's Renewable Energy Rate Revisions: Key Insights on PUC Docket No. 2024-00137 and 2024-00149

The Maine PUC has recently opened two related dockets that will significantly impact the renewable energy industry. The first, Docket No. 2024-00137, is a follow-on docket to the PUC’s Investigation into the Stranded Cost Rate…more

Electricity, Energy Sector, Public Comment, Public Utilities Commission, Renewable Energy

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Peter Durning

The Gathering PFAS Storm

When working with my colleagues on real estate and corporate business transactions, I feel like I can be a nay-sayer, bringing up the considerations of potential liability for PFAS-related releases during environmental due…more

Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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Maye Emlein

EPA Issues Final National Drinking Water Standard for Six PFAS Compounds

On April 10, 2024, after receiving nearly 122,000 comments on the proposed rule, the United States Environmental Protection Agency (“EPA”) announced its final National Primary Drinking Water Regulation (“NPDWR”) for six…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Anya Endsley

House Democrats Propose Estate and Gift Tax Law Changes: Important Estate Planning Implications

What you need to know: On September 13, 2021, the House Ways and Means Committee released its proposed tax plan to fund President Biden’s $3.5 trillion “Build Back Better” social and economic spending package. If enacted as…more

Biden Administration, Capital Gains, Estate Planning, Estate Tax, Gift Tax

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Hans Eysenbach

Maine PUC Amends Small Generator Interconnection Procedures Rules (Chapter 324)

On November 3, 2023, the Maine Public Utilities Commission (the “Commission”) issued an Order adopting amendments to its Small Generator Interconnection Procedures Rule (Chapter 324)…more

Energy Sector, Legislative Agendas, Public Utilities Commission, Renewable Energy, Rulemaking Process

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Michael Fee

“If I’ve told you once, I’ve told you eight times…” HHS OIG Issues Another Audit Report on Hospitals’ Failure to Report Credits for Explanted Cardiac Devices and Lays the Groundwork Collection of Overpayments

Each year, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issues dozens of audit reports. While each is important in its own way, some stand out with language that appears to reflect…more

Audit Reports, Department of Health and Human Services (HHS), Enforcement Actions, Medical Devices, OIG

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Andrew Ferrer

Don’t Wait – CMS Expects Hospitals to Take Action on Informed Consent for Certain Exams and Procedures

Hospitals should not delay in reviewing and revising their surgical informed consent forms and policies. On April 1, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued new guidance regarding informed consent for…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Reform

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Regina Flaherty

Opportunity Fund Investors Prepare to Zone-In

Treasury Provides Additional Clarity on Opportunity Zones by Issuing Second Round of Proposed Regulations - On April 17, 2019, the U.S. Department of the Treasury issued its second set of proposed regulations (the “New…more

Anti-Abuse Rule, Business Operations, Capital Gains, Capital Gains Tax, Commercial Leases

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Gregory Fryer

FTC’s Non-Compete Ban: Status & Next Steps

Yesterday afternoon (August 20, 2024), the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) Final Rule banning most non-competition agreements between employers and…more

Employees, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Katherine Galloway

2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

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John Giffune

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish a Green New Deal for Maine”…more

Apprenticeships, Construction Project, Contractors, Energy Projects, Energy Sector

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Kenneth Ginder

Novel 401(k) Plan Lawsuits Over the Use of Forfeitures—Swinging for the Fences or Plausible Claims?

In our December 7, 2023 post, we noted five class action lawsuits, all filed by the same law firm within two months, in which 401(k) plan participants allege plan fiduciaries violated ERISA by using plan forfeitures to offset…more

Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions, ERISA Litigation

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Mark Googins

The SBA Paycheck Protection Program: An Overview

Good news, bad news. The good news is that the new Paycheck Protection Program (PPP) loans through the Small Business Administration (SBA) look like they will provide a much needed lifeline for small businesses of every stripe,…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, SBA

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Kathryn Graber

What Commercial Landlords Need to Know About Massachusetts Moratorium on Evictions and Foreclosures

On April 20, Massachusetts enacted a moratorium on evictions and foreclosures during the COVID-19 emergency (House, No. 4647). While the Act addresses residential tenants and residential foreclosures as well as commercial…more

Commercial Tenants, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Karen Hartford

HHS Issues Model Attestation Required by Final HIPAA Regulations Supporting Reproductive Health Care Privacy

On April 26, 2024, the U.S. Department of Health and Human Services (HHS) and Office for Civil Rights (OCR) published Final Regulations under HIPAA’s Privacy Rule introducing greater protections for information related to…more

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

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Gail Magenau Hire

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by conservation…more

Clean Water Act, Discharge of Pollutants, Environmental Liability, Environmental Protection Agency (EPA), Groundwater

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Sara Hirshon

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled in…more

Appeals, Copyright, Copyright Exhaustion, Copyright Infringement, Copyright Registration

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Eugene Ho

Seeking Foreign Investments? New Law Says You May Have to Wait

Unbeknownst to many, a wrench has been thrown into the funding plans of many U.S. startups and other growing U.S. companies by virtue of President Trump’s enactment of the Foreign Investment Risk Review Modernization Act of 2018…more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Export Controls, Federal Pilot Programs

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Nathaniel Hull

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

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William Jewett

A Brief Guide to Qualified Disclaimers for Retirement Plan Administrators

A “qualified disclaimer” is a tax-effective way to refuse a transfer of property that would otherwise occur on someone’s death. From time to time, retirement plan administrators may be contacted by a beneficiary who wants a…more

Beneficiaries, Benefit Plan Sponsors, Disclaimers, Employee Benefits, Employer Liability Issues

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Cheryl Johnson

No Longer a Walk in The Park - Entity Formation Under the Corporate Transparency Act (Updated)

Presently, forming a corporation, LLC or other entity in the U.S. can be done on a largely anonymous basis, without naming its owners and with only limited disclosures about managers, officers and directors. Under the Corporate…more

Beneficial Owner, Business Entities, Corporate Governance, Corporate Transparency Act, Doing Business

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Elizabeth Johnston

FTC’s Non-Compete Ban: Status & Next Steps

Yesterday afternoon (August 20, 2024), the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) Final Rule banning most non-competition agreements between employers and…more

Employees, Employer Liability Issues, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Robert Laplaca

What is the Future of Sports Betting?

The legal sports betting industry raked in $11 billion last year, plus billions in tax revenues for states. You can’t get through a 30-second TV timeout without 90 seconds of commercials for legal gaming sites. Since 2018 when…more

Constitutional Challenges, Gambling, Legalization, Murphy v National Collegiate Athletic Association, Online Gaming

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Victoria Larson

Massachusetts Attorney General Artificial Intelligence Guidance: What Healthcare Providers and Health IT Developers Need to Know

With the explosion of Artificial Intelligence (AI) use and application, the Massachusetts Attorney General’s recent release of AI guidelines should serve as a reminder to healthcare providers and health IT developers of the…more

Artificial Intelligence, Consumer Protection Laws, Data Privacy, Health Care Providers, Health Information Technologies

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David Lazarus

Maine, New Hampshire, & Vermont Remain DOJ Health Care Enforcement Priorities: Targeted Federal Enforcement Presents Serious Risk

The United States Department of Justice (DOJ) has recently emphasized that Maine, New Hampshire, and Vermont are priorities for health care investigations and anticipated significant enforcement. Even well-managed (and…more

DEA, Department of Justice (DOJ), Drug Distribution, Enforcement Actions, Healthcare

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Matthew Leonard

Private Clients Group Client Alert

There have been a few important law and tax changes over the course of 2023 and we in the Private Clients Group here at Verrill wanted to make you aware of the recent changes, such as 1) new strict corporate reporting…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Estate Planning, Filing Deadlines

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Rebecca Lessard

State Trademark Registration

The United States has two levels of trademark registration: state and federal. A state trademark registration is issued by a state office and protects a trademark only in that state, whereas a federal trademark is issued by the…more

Federal v State Law Application, State and Local Government, Trademark Licenses, Trademark Registration, Trademarks

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Christopher Lockman

Prepare for Cooler Weather, Annual Enrollment, and 2025

Summer is ending and fall is rapidly approaching. For employee benefit professionals with calendar-year health and welfare benefit plans that means preparing for annual enrollment and year-end compliance requirements. This post…more

Benefit Plan Sponsors, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Employer Liability Issues

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Thomas Mackie

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts…more

Administrative Procedure Act, Chevron Deference, Environmental Protection Agency (EPA), Government Agencies, Loper Bright Enterprises v Raimondo

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Kaitlyn Malkin

Can a Self-Funded Group Health Plan Exclude Coverage for Gender-Affirming Care?

We are sometimes asked whether a self-funded group health plan is required to cover gender-affirming medical services. As this post explains in detail, it is generally impracticable for a self-funded ERISA-covered plan to…more

Affordable Care Act, Civil Rights Act, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Liability Issues

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Ruth Mattson

2023 Massachusetts Tax Update

Massachusetts Estate Tax: For decedents dying on or after January 1, 2023, there is no Massachusetts estate tax for an estate under $2,000,000. The law does not adjust the filing threshold so state tax returns may still be…more

Business Taxes, Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes

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Suzanne Meeker

Proposed Rules for Maine Paid Family and Medical Leave Provide Some Helpful Information for Employers

Maine’s comprehensive paid family and medical leave (PFML) law, enacted in October 2023, establishes a state benefits program funded by employer and employee contributions (the “Program”). The PFML law provides for…more

Covered Employees, Covered Employer, Employee Benefits, Employer Liability Issues, Family and Medical Leave Act (FMLA)

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Anna Mikhaylina

Student Loans and Code Section 127 Educational Assistance Programs: A Reminder from the IRS, FAQs, and a Sample Plan Document

On August 28, the IRS issued IR-2024-227, reminding employers of the following key aspects of educational assistance programs under Internal Revenue Code Section 127: -They can be used to help reimburse the costs of or pay…more

Benefit Plan Sponsors, Department of Education, Educational Assistance Programs, Employee Benefits, Employer Liability Issues

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Marie Mueller

What You Need to Know Before Opening Your Outdoor Tasting Room

As part of Maine’s phased reopening of its economy, breweries, distilleries, and wineries without restaurant licenses were deemed bars. As a result, in guidance issued by Maine’s Bureau of Alcoholic Beverages and Lottery…more

Breweries, Coronavirus/COVID-19, Distilleries, Governor Mills, Re-Opening Guidelines

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Robin Murphy

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

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Elizabeth Murdock Myers

New Massachusetts Noncompetition Act: What Employers Need To Know

Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1, 2018…more

Breach of Contract, Compensation, Employer Liability Issues, Employment Contract, Enforcement

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Kevin O'Connell

More to Consider Concerning the FTC’s Proposed Rule Prohibiting Non-Competition Clauses

As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit…more

Acquisitions, Anti-Competitive, Competition, Corporate Counsel, Employee Benefits

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Brian O'Rourke, Jr.

Finding Teeth in Massachusetts' Prompt Payment Act

In Tocci v. IRIV Partners, LLC, Boston Harbor Industrial Development LLC and Hudson Insurance Co. (November 19, 2020, Sup. Ct. 19-405), the Massachusetts Superior Court granted summary judgment on a contractor’s breach of…more

Breach of Contract, Contract Terms, Contractors, Prompt Payment, Subcontractors

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Erik Peters

Time to Update Your Handbooks

Employers – a recent decision by an administrative agency you have likely never heard of will likely require you to revise your employment policies and handbooks. Some background: the National Labor Relations Act is a federal…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Human Resources Professionals, NLRA

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Christopher Petronio

2023 Estate Planning Update

This alert from Verrill’s Private Clients & Fiduciary Services Group highlights the latest changes to the income tax and transfer tax landscape. The alert addresses the SECURE ACT 2.0, federal and state transfer tax updates for…more

Charitable Donations, Employee Benefits, Estate Tax, Gift Tax, Income Taxes

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James Roosevelt, Jr.

Massachusetts Final Budget: MassHealth Gains Greater Authority to Negotiate Supplemental Rebates with Pharmaceutical Companies

On July 31, 2019, Governor Charlie Baker signed a $43.3 billion fiscal year 2020 budget (“General Appropriations Act”). Originating from the Conference Committee’s budget, the General Appropriations Act accounts for any vetoes…more

Budget Cuts, General Appropriation Funds, Governor Baker, Legislative Agendas, Pharmaceutical Industry

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Gary Rosenberg

Massachusetts Attorney General Artificial Intelligence Guidance: What Healthcare Providers and Health IT Developers Need to Know

With the explosion of Artificial Intelligence (AI) use and application, the Massachusetts Attorney General’s recent release of AI guidelines should serve as a reminder to healthcare providers and health IT developers of the…more

Artificial Intelligence, Consumer Protection Laws, Data Privacy, Health Care Providers, Health Information Technologies

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A. Robert Ruesch

New Rules for Apprentices on Energy Projects Come with Uncertainty for Contractors and Developers

On January 1, 2021, a new law went into effect setting benchmarks for use of apprentices on energy generation facility construction projects. Enacted in 2019, the law was part of “An Act to Establish a Green New Deal for Maine”…more

Apprenticeships, Construction Project, Contractors, Energy Projects, Energy Sector

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Michael Saxl

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

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Stephen Segal

Disgorgement Upon Insolvency: Continuing Uncertainty

Litigation and Trial attorneys Nate Hull and Stephen Segal authored an article entitled "Disgorgement Upon Insolvency: Continuing Uncertainty." Nate and Stephen discuss the various approaches taken by bankruptcy courts when…more

Chapter 11, Chapter 7, Commercial Bankruptcy, Disgorgement, Distribution Rules

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Paul Shaw

Due to COVID-19, Federal Agencies Relax Requirements Regarding the Provision of Telehealth Services

In the past few days, in an effort to help keep Medicare beneficiaries healthy during the COVID-19 pandemic, key federal agencies within the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of…more

Coronavirus/COVID-19, DEA, Department of Health and Human Services (HHS), Department of Justice (DOJ), Medicare

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John Shea

Water Management Act Regulations

On January 20, 2023, the Massachusetts Department of Environmental Protection (“MassDEP”) promulgated final revisions to the Water Management Act (“WMA”) regulations at 310 CMR 36.00…more

Groundwater Management Plan, Water Conservation, Water Management, Water Quality, Water Supplies

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Frank Silvestri, Jr.

Connecticut Supreme Court Rejects Tough Delaware Standard in Allowing Member Inspections of Manager-Managed LLC Books and Records – Or Does It?

Before allowing the inspection of corporate books and records, Delaware courts require a shareholder seeking information about possible mismanagement to come forward with evidence demonstrating a reasonable basis to suspect…more

Business Litigation, Corporate Records, Limited Liability Company (LLC), Operating Agreements, Shareholders

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Elizabeth Connellan Smith

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared…more

Class Action, Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing

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Gordon Smith

Intertidal Court Victory for Property Rights, Marine Conservation, and Public Participation

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC. The landowners had been sued because they contacted Maine Marine Patrol to report the…more

Endangered Species, Environmental Litigation, Inland Waterways, Marine Life Protections, MI Supreme Court

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William Stiles

Hospitals Win 340B Medicare Rate Cut Suit, But When, How, and How Much They Will Recoup Remains Unclear

In a recent unanimous decision, the Supreme Court found that the Centers for Medicare and Medicaid Services (“CMS”), part of the federal Department of Health and Human Services (“HHS”), erred when it significantly reduced 2018…more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Hospitals

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Mathew Todaro

EPA Issues Final National Drinking Water Standard for Six PFAS Compounds

On April 10, 2024, after receiving nearly 122,000 comments on the proposed rule, the United States Environmental Protection Agency (“EPA”) announced its final National Primary Drinking Water Regulation (“NPDWR”) for six…more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Peter Vetere

Understanding 91’s Amnesty Program

Chapter 91 of the Massachusetts General Laws, otherwise known as the Public Waterfront Act, is the primary law protecting the public’s rights to use and access the coastal tidelands of the Commonwealth. First adopted in 1866,…more

Beach Access, Beachfront Properties, Coastal Real Estate, Public Use, Right of Access

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Emily Coombs Waddell

Department of Labor Releases Final Independent Contractor Status Rule

On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency under…more

Department of Labor (DOL), Employee Definition, Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Calvin Woo

Role of In-House Counsel in Managing a Crisis or Internal Investigation, Pandemic or Employment Claim (Presentation)

[co-author: Clara McConnell, Maine Street Solutions] - On April 29, 2020, Verrill's Doug Currier, Mike Saxl, Calvin Woo, and Clara McConnell presented a webinar, "Role of In-House Counsel in Managing a Crisis or Internal…more

Confidentiality Policies, Coronavirus/COVID-19, Crisis Management, Workplace Communication, Workplace Investigations

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Hannah Zukoff

Massachusetts Legislation, Regulations, and Programs Regarding COVID-19 Emergency

On March 24th, the Governor filed legislation to make temporary changes to Massachusetts’ laws and regulations covering a wide range of public and private enterprises to remain in effect during the Covid-19 emergency including…more

Coronavirus/COVID-19, Emergency Orders, Governor Baker, Relief Measures, State and Local Government

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