Under the Massachusetts condominium statute, the organization of unit owners, i.e., the condominium association, has a lien on each condominium unit for the unpaid common expense assessment levied against each unit from the time the assessment becomes due. This lien has priority over all existing mortgages, except that the priority over first mortgages is limited […]
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Some seasoned landlord/tenant practitioners and even judges advise residential landlords to forego requesting security deposits from their tenants. Massachusetts law allows a landlord to require a tenant to pay at or prior to the commencement of a tenancy the first month’s rent, last month’s rent, a security deposit (equal to the first month’s rent), and […]
by Adam J. Shafran Beginning on December 1, 2016, nearly five million employees will now be eligible for overtime compensation under new regulations issued by the United States Department of Labor, marking the first change in these laws since the 1970’s. Currently, executive, administrative and professional employees earning a salary of more than $23,660 per […]
by James L. Rudolph The interpretation of laws applicable to software protection can be more complicated than the software itself. But for software developers, there are some basic considerations to take into account when deciding how to protect your software.
Unfortunately, the Massachusetts appellate courts have not directly decided the issue whether an employer can re-characterize an employee’s termination from “without cause” to “for cause” based on information learned after an employee’s termination. While the Massachusetts courts have had the opportunity to consider the issue, they have neither adopted nor rejected the doctrine.
by Adam J. Shafran On April 29, 2015, the U.S. Supreme Court approved and submitted to Congress proposed amendments to the Federal Rules of Civil Procedure (“FRCP”). The FRCP are the procedural rules which govern every civil lawsuit brought in any federal court in the United States. These amendments, which took effect on December 1, […]
James Rudolph, managing partner of Rudolph Friedmann LLP, received an honorary degree, Doctor of Humane Letters, from Salem State University at the 2016 Baccalaureate Commencement for the College of Arts & Sciences and the School of Education on Saturday, May 21. Salem State University President Patricia Maguire Meservey called Rudolph a community leader and activist.
In a case of first impression, the Housing Court for the City of Boston ruled that neighbors who appealed the issuance of a variance by the Zoning Board of Appeal (ZBA) must post a $20,000 bond or the case will be dismissed.
by James L. Rudolph, Esq. As a small business grows, it is not unusual for a critical or key employee to ask the owner for stock in the company, or for an owner to believe that providing stock to key employees is appropriate, and may even be necessary to keep the employee. For a restaurant […]
by Robert P. Rudolph The attorney-client privilege is a well-established concept that protects certain communications between a client and his/her attorney, preventing the attorney from being compelled to disclose those communications or testify about them in court. The attorney-client privilege solidifies the trust which is the hallmark of the attorney-client relationship. However, a client can […]
