Newsletter: Court Rules Mortgage Borrowers Can’t Use “Try-Title” to Stop Foreclosure

Following a sharp increase in mortgage foreclosures, in the wake of a steep decline in the housing market, growing numbers of defaulted mortgage borrowers (typically homeowners) and their attorneys seized on the so-called “try-title statute,” G.L. c. 240, §§1-5, as a simple and low-cost way of forestalling foreclosure.

Newsletter_April 2015

Newsletter: Healthcare Providers Still At Risk Despite Recent “Worthless Services” Ruling

While healthcare providers may have felt some relief after a recent U.S. Court of Appeals decision regarding “worthless services,” this ruling does not eliminate the risk associated with such claims. In United States ex rel. Absher, et al. v. Momence Meadows Nursing Center, Inc., 764 F. 3d 699 (7th Cir. 2014), the Court overturned a $9 million verditct awarded to two whistleblowers under the federal False Claims Act (FCA).

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Newsletter: EEOC Updates Pregnancy Rules

For the first time in 30 years, the federal Equal Employment Opportunity Commission (EEOC) has substantially updated its rules concerning pregnancy discrimination.

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Newsletter: Maintaining Compliance With Limited Resources

The need for a company to have a strong corporate compliance program is directly related to the risk of a government enforcement action: the greater the degree of government regulation, the greater the risk and need for compliance.

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Newsletter: Court Requires Self-Incrimination Warning for Some Grand Jury Witnesses

The Supreme Judicial Court recently issued an important ruling concerning the rights of individuals testifying before a grand jury. In Commonwealth v. Woods, 466 Mass. 707 (2014), the court announced a prospective rule requiring self-incrimination warnings to be given to all grand jury witnesses who, at the time of their testimony are, or are likely to become, a target of that grand jury investigation.

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Newsletter: Assessing Your Business: An Annual Resolution

Regular check-ups are important – for you, your house, your car and your business. The start of a new year is a good time to review your company’s legal needs. Each year, as a courtesy and an important part of our client relationships, we ask our business clients a series of detailed questions about their companies.

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Newsletter: Pitfalls and Use of Email in White Collar Criminal Cases

A recent Supreme Judicial Court decision serves as a stark reminder of the importance of email in white collar criminal prosecutions and how the government’s ability to obtain search warrants for emails must be properly balanced against a criminal defendant’s right to preserve the confidentiality of emails with his or her attorney.

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Newsletter: Who is the Client?

This seems like a simple question, but in the case of a company or other type of entity, the answer can have important ramifications for both the client and the attorney.

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Newsletter: SJC Reinforces the Importance of Written Agreements Among Shareholders

In Merriam v. Demoulas Super Markets, Inc., 464 Mass. 721 (2013), the Supreme Judicial Court reaffirmed the importance of carefully negotiating and crafting agreements regarding shareholder rights and duties in closely held corporations.

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Newsletter: When a Release Doesn’t Release; December ruling requires different treatment regarding Massachusetts Wage Act

Massachusetts employers may need to use new language in their releases, based on a December 2012 Supreme Judicial Court case.

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