The old adage “Failing to plan is planning to fail” can easily be applied to owning a business. Business owners need to be prepared for the many contingencies that come up during the lifecycle of their business. Much like a person’s estate plan, proper planning should be taken to ensure as little disruption as possible […]
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The Federal Arbitration Act (“FAA”), long a thorn in the side of employees who desire litigation, has now been limited by the expansion of its prominent exception. Before considering the expansion of the FAA’s exception, it is important to understand the FAA. Scope of the Federal Arbitration Act The FAA requires enforcement of arbitration agreements […]
A recent Massachusetts Land Court case examined the validity of a “two-tier” condominium project. This two-tier condominium approach is also referred to as a condominium within a condominium. A two-tier condominium is a condominium comprised of a primary condominium (the “Primary Condominium”), pursuant to which a landowner then creates one or more condominiums within and […]
In Massachusetts, it is not unusual for public construction contracts to include Project Labor Agreement (“PLA”) provisions that mandate a successful bidder only hire union laborers and subcontractors. The purpose behind this is that union labor, though more expensive because of prevailing wage regulations, will agree not to strike or engage in work stoppages, thus […]
Rudolph Friedmann is pleased to announce the addition of associate Casey Sack. Casey focuses her practice on all aspects of commercial litigation. Prior to joining the firm, Casey worked for a boutique law firm where she represented clients in professional liability claims and civil litigation matters. She handled uninsured cases, underinsured cases, and Chapter 93A […]
The Massachusetts Supreme Judicial Court recently issued a noteworthy opinion regarding a property owners’ responsibility to remedy violations of the Wetlands Protection Act (the “Act”). The Court held that a local conservation commission may bring an enforcement action against a new property owner for up to three years following the property owners’ date of acquisition—even […]
To protect their business interests, many employers include noncompetition clauses in their employment agreements, which place prohibitions on employees working for competitors or within the same industry after parting with their current employer. However, in October 2018 Massachusetts passed G.L. c. 149, § 24L, which governs noncompetition agreements. The failure to meet the requirements of […]
Rudolph Friedmann is pleased to announce the addition of associate Brian Lynch. Brian helps entrepreneurs and business owners grow their vision from the ground up. He provides legal guidance on entity formation, corporate governance, contract drafting and negotiations, business sales and acquisitions, and general commercial transactions. Brian has advised corporations, limited liability companies and non-profit […]
Jon Friedmann will discuss negotiation skills for civil litigators in a panel organized by the Social Law Library on January 13. In addition to Jon, the webinar will feature the Hon. Mark D Mason, Massachusetts Superior Court (moderator) and panelists the Hon. Bonnie H. MacLeod, (ret.), JAMS Mediator, Arbitrator and Maria C. Walsh, Esq., JAMS […]
In the matter of Trustees of 10 Porter Street Condominium Trust v. Cerda, the Massachusetts Appeals Court has, for the first time, distinguished the types of condominium charges that must be “paid under protest” as a condition of challenging their propriety. Based on longstanding law in the Commonwealth of Massachusetts, the appeals court affirmed the […]
