Covenants not to compete are generally disfavored. To enforce a non-compete, an employer must show that the covenant is necessary to protect a legitimate business interest, reasonably limited in time and space, and consonant with the public interest. This often requires individualized judicial consideration. And the matter is usually first presented to the judge by […]
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A recent decision by the US Bankruptcy Court has invalidated certain so-called “Homestead” protections in real estate that will likely affect many Massachusetts residents. First, a little background:
By Adam J. Shafran, Esq. Bolstered by a wage statute that provides for mandatory triple damages and attorneys’ fees, the Commonwealth of Massachusetts continues to be a hotbed for both individual and class action wage and hour lawsuits. In addition to harsh statutory penalties, recent decisions by the Massachusetts Supreme Judicial Court (“SJC”) all but […]
Jon Friedmann, who heads up our Litigation Department, recently concluded an Arbitration involving the building of a camp for construction workers in North Dakota. Jon’s client was sued for refusing to pay part of the acquisition cost of the camp. He raised as a defense the failure of the Seller to properly build the camp. […]
By Robert P. Rudolph, Esq. A Massachusetts court recently held that a broker was entitled to her broker’s fee despite the fact that no lease was consummated. In Ria K, McNamara. Inc. v. Forecast Shrewsbury Ltd. P’ship. 31 Mass.L.Rptr. 366 (Mass. Super. July 17, 2013), the Plaintiff Ria K. McNamara (“McNamara”) filed suit for payment […]
By Jocelyn Campbell, Esq. For those who own condominiums in Massachusetts and are fortunate enough to also have a balcony, this article is for you. Recently, the Massachusetts Appeals court decided Sano v. Tedesco, No. 12-P-746, August 28, 2013, a case where homeowners (non-balcony unit owners) brought suit against their condo association in an attempt […]
The short answer is yes, but it depends on the facts and circumstances of the particular situation. In a recent case decided by the Massachusetts Supreme Judicial Court, the Court addressed for the first time when a corporation’ s counsel could assert the attorney- client privilege and the work-product doctrine to prevent the disclosure of […]
Not everyone can challenge the granting of zoning relief. Under the Zoning Act, MGL Chapter 40A, only a “ person aggrieved” by a zoning decision may appeal for judicial review of that decision. See MGL ch. 40A, §17. Such person who suffers some infringement of legal rights is said to have “ standing,” that is, […]
Until recently, Massachusetts was historically one of the worst states, if not the worst state, for a divorce. Prior to the most recently enacted alimony reform, alimony for the most part was considered a lifetime event. In an effort to reform and improve alimony, Massachusetts has now enacted new legislation called the Alimony Reform Act […]
Will Korman has been invited to conduct several presentations at the Oklahoma Association of Criminal Defense Lawyers this June at the Association’s Annual Seminar in Oklahoma City. Jon Friedmann recently celebrated his 30th year as an attorney, all of which have been with Rudolph Friedmann LLP or its predecessor, Gargill, Sassoon & Rudolph. Jon was […]
