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
The Massachusetts Supreme Judicial Court appointed Partner Mark Smith to the Court’s Committee on Juror Voir Dire. The committee was established to examine issues relating to juror selection for Massachusetts courts and to implement procedures for allowing attorney conducted voir dire in the Superior Courts throughout Massachusetts.
Boston, MA— Laredo & Smith, LLP has announced a new partner, Matthew A. Kane, who has joined the firm’s business litigation practice. Mr. Kane represents financial services institutions, banks, businesses and individuals in an array of disputes concerning finance, employment, construction, real estate and general business litigation.
Attorneys Marc D. Smith and Marc C. Laredo were once again named to the Massachusetts Super Lawyers® list by the Thomson Reuters rating service. This designation is awarded to no more than 5% of lawyers in the state. Smith was named a Super Lawyer in “Criminal Defense: White Collar” and Laredo was listed under “Business […]
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 […]
The American Bar Association Solo, Small Firm and General Practice Division’s magazine, GPSolo, will feature the article “Is Confidentiality Really Forever?” by Partner Marc Laredo and Anne Klinefelter, associate professor and director of the University of North Carolina law library. The article will be part of their “The Best of ABA Sections,” a compilation in […]
For the first time in 30 years, the federal Equal Employment Opportunity Commission (EEOC) has substantially updated its rules concerning pregnancy discrimination. View Newsletter (PDF)
Boston, MA—October 8, 2014–The Boston Bar Association has named Laredo & Smith, LLP Partner Mark D. Smith as secretary of the Association and its governing Council, effective for their 2014-2015 program year.
When it comes to family, we don’t like the formality of a written agreement. Somehow, it makes everyone feel tainted, and too business-like. After all, if you can’t trust a family member, who can you trust? View Article (PDF) This article first appeared in Massachusetts Family Business, Summer 2014.
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. View Newsletter (PDF)
The Boston Bar Association held its annual seminar on The FCPA, Public Corruption and Government Prosecutions on April 3, 2014. Program co-chair and moderator Mark D. Smith helped lead a panel on government trends in high profile public corruption prosecutions, trends in False Claims Act cases and the impact of recent ethics reform laws.
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 […]
Attorneys from the Massachusetts Bar Association will celebrate Law Day this May by looking at our rights to freedom of speech. Lawyers and judges volunteer their time to meet with students around the state to consider questions such as: Can you criticize President Obama on Facebook? Do free speech rights extend to clothing? Partner Marc […]
Which is the right result? Does client confidentiality live forever? What if the client is an entity rather than an individual? Should public figures be treated differently from ordinary private citizens after death? Should there be some point in time—50 or 100 years—when the right to confidentiality expires? Who will enforce the privilege once all […]
Payal Salsburg co-authored an article for the Florida Bar Association’s Real Property, Probate & Trust Law Section publication, ActionLine. Her article is entitled Statutory Proposals for Settlement in Probate and Trust Litigation and reviews the scope of the statute and dissects some of the appellate opinions for interpreting the statute. ActionLine, Spring 2013
Mark Smith co-chairs the Boston Bar Association’s “Cutting Edge Issues in Criminal Law” Continuing Legal Education program on January 30, 2014. A distinguished faculty of federal and state courts judges and practitioners will discuss topics including the Supreme Judicial Court’s recent decision in Commonwealth v. Woods that requires prosecutors to provide a Miranda-like warning to […]
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 […]
What happens when important principles of corporate governance—the right of a company to unfettered, confidential legal advice and the responsibilities of a director of a corporation—clash? This is the dilemma addressed by the Supreme Judicial Court in Chambers v. Gold Medal Bakery, Inc. View Article (PDF) This article first appeared in Massachusetts Law Review Vol. […]
Marc Laredo spoke to a class of Northeastern University entrepreneurship students in November 2013 on the role of a lawyer in a new business: why entrepreneurs need lawyers and how to hire a lawyer who’s a good match for the company.
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. View Newsletter (PDF)
On September 26, 2013, Marc Laredo chairs “Representing the Closely-Held Entity—How to Avoid Disputes and Resolve Them When They Arise,” a Massachusetts Bar Association continuing legal education course. The discussion will include selecting the proper type of entity; the appropriate structure of funding; the importance and type of written agreements and other documents for owners; […]
By Laredo & Smith The Delaware Courts have made clear that fair value in the context of an appraisal of a corporation’s going concern is distinct from a market-based merger price for the stock of that corporation. This article covers the instrinsic value of appraisal rights. View Article (PDF) This article first appeared in the Law […]
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. View Newsletter (PDF)
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. View Newsletter (PDF)
Partner Mark Smith joined Hon. Carol S. Ball, Hon. Frances A. McIntyre, James H. O’Brien, and Penny Haney, PhD as speakers at the May 15, 2013 Boston Bar Association Criminal Law Section seminar on state court white collar sentencing. The group discussed white collar sentencing and disposition strategy, strategy for using the lobby conference to […]