Eviction Moratorium for Landlords of Properties with Federally Backed Mortgages
The Coronavirus Aid, Relief, and Economic Security Act (the “Act”) was signed into law on March 27, 2020 and establishes a 120 day moratorium on evictions at of properties that have federally backed mortgage loans or receive other forms of federal assistance. Which...
Further Guidance Relating to the Families First Coronavirus Response Act
On March 28, 2020, the U.S. Department of Labor (“DOL”) offered further clarification of certain provisions of the Families First Coronavirus Response Act. The complete list can be found here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions Some of the...
Paycheck Protection Program Under the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. One important aspect of the CARES act is the Paycheck Protection Program (the “PPP”), a program which authorizes up to $349 billion in forgivable loans to businesses...
How Landlords and Property Managers Can Be Proactive During The COVID-19 Pandemic:
In a prior blog post (https://ddcrwlaw.com/eviction-summary-process-cases-postponed-during-covid-19-pandemic/) we provided information for property manager and landlords attempting to enforce rent and other lease obligations during the COVID-19 pandemic. In this...
New Guidance relating to The Families First Coronavirus Response Act
The U.S. Department of Labor (“DOL”) has published its interpretation of employees’ paid leave rights under the Families First Coronavirus Response Act. It can be found at: https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave. While the DOL...
The Families First Coronavirus Response Act provides:
• Emergency FMLA leave.• Paid sick leave.• Enhanced unemployment insurance.• Additional funding for nutritional programs.• Protections for health care workers and employees responsible for cleaning at-risk places.• Additional federal funds for Medicaid.• Free...
Eviction/Summary Process Cases Postponed During COVID-19 Pandemic
This is an update for landlords/property managers concerning the status of summary process/eviction actions in the Massachusetts Courts and how things are proceeding in light of the COVID-19 pandemic. Court Closures and New Trial/Hearing Dates: Massachusetts Courts...
Temporary Responses for Employers Concerning COVID-19 (Part-1)
With many businesses in Massachusetts slowing (and shutting) down due to COVID-19 concerns, companies have found it necessary to drastically change employee hours, wages, and benefits. This blog addresses certain actions employers can take during this difficult and...
Temporary Measures to Assist Employees During COVID-19 Public Health Crisis (Part-2)
With many businesses in Massachusetts slowing (and shutting) down due to COVID-19 concerns, some companies are looking for solutions to assists employees who are working fewer hours and taking home significantly lower pay. Use of Vacation Time One short-term...
Does Child Support End in Massachusetts When a Child Turns 18?
Child support does not automatically terminate when your child reaches the age of 18. On the contrary, by statute, child support may be ordered for a child between the ages of 18 and 21 if that child primarily resides with one parent and is principally...
How Do Children from Another Relationship Affect the Child Support You Pay or Receive?
In Massachusetts, child support is calculated using both parents’ gross income. Generally, a parent who is already financially supporting a child is entitled to deduct the amount of support he or she pays for that child from their gross income when...
Homestead or not to Homestead?
What does a homestead protect you from? Everyone has heard the phrase “sued out of house and home.” A proper declaration of homestead protection actually prevents that from happening. A homestead protects against attachment, seizure, execution on...
Paid Family and Medical Leave-Notice to Employees
By now you are probably aware of the new Paid Family and Medical Leave (“PFML”) law going into effect in Massachusetts. In a nutshell, the PMFL Law will allow certain eligible employees access to paid leave benefits. Employees will be eligible to claim...
State Leaders Delay Start of Payroll Deductions for Paid Family and Medical Leave
The Massachusetts Legislature and Governor have enacted legislation to delay the start of employer and employee contributions to the Paid Family and Medical Leave program (PFML) by three months to October 1, 2019. Required Withholding Now Starts October 1 The start...
State Leaders Delay Start of Payroll Deductions for Paid Family and Medical Leave
State Leaders Delay Start of Payroll Deductions for Paid Family and Medical Leave After weeks of speculation, Governor Baker and leaders from the Massachusetts House of Representative and the Massachusetts Senate issued a joint statement that the payroll deductions...
Opting Out of the New Massachusetts Paid Family and Medical Leave Law
In our earlier blog, we gave an overview of the new Massachusetts Paid Family and Medical Leave Law (“PFML”). Payments issued under the Act will be made by a new state agency: the “Family and Employment Security Trust Fund”. The agency will be funded by a payroll...
Update on New Massachusetts Paid Leave Law
On June 28, 2018, Governor Baker signed, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (referred to herein as the “Act”). The Act brings several sweeping changes to Massachusetts law. Most notably, the Act provides for paid...
New MA Law Concerning Paid Family Medical Leave
On June 28, 2018, Governor Baker signed, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (referred to herein as the “Act”). The Act brings several sweeping changes to Massachusetts law. Most notably, the Act provides for paid...
What effect does a second job or overtime have on a child support or alimony order?
When the Court establishes an initial alimony order, it must consider a number of statutory factors including each party’s respective income. A party’s “income” is defined as gross income received from whatever source which specifically includes a party’s wages and...
Frequently Asked Questions About Parent Coordination
Parent Coordination is a dispute resolution process through which high-conflict parents attempt to resolve parenting disagreements quickly and outside of court thereby avoiding the expense and anxiety of litigation and minimizing the impact of on-going disagreement on...
Can you lower your child support if your former spouse remarries or cohabitates with a boyfriend or girlfriend?
The Massachusetts Child Support Guidelines defines a parent’s income for the purpose of calculating child support very broadly but does not specifically include or exclude the financial contributions of household members. In Massachusetts, there is a strong public...
We are pleased to announce our firm has a new name
We are pleased to announce that our firm has a new name: “Doherty, Dugan, Cannon, Raymond & Weil, P.C.” Our new name recognizes the outstanding long-term contributions of shareholders Michelle Raymond and Steven Weil as well as the departure of Craig...
AN ACT RELATIVE TO REGULATING TRADE SECRETS AND NONCOMPETITION AGREEMENTS
The Massachusetts Legislature enacted a new statute limiting the scope and enforceability of noncompetition agreements. The new law does not void or “outlaw” noncompetition agreements, but instead regulates them. Some important provisions of the new law...
Big Changes for Small Businesses
Earlier this year the Supreme Judicial Court issued a decision in the case of Rental Property Management Services, et. al. v. Hatcher, 479 Mass. 542 (2018). The Hatcher case began as an eviction action filed in the Western Division of the Housing Court. ...
Boston Limits Short Term Residential Rentals
Effective January 1, 2019, the City of Boston will only allow short term residential rentals under specific circumstances. On June 13, 2018, the Boston City Council approved an ordinance that will prohibit owner investors from putting unoccupied...
The Death of “Tax-Free” Internet Shopping: Buyer AND Seller Beware
The recent decision from the Supreme Court of the United States in South Dakota Department of Revenue v. Wayfair, Inc. et al. is a major win for a State’s ability to extend its taxing authority beyond its physical borders and a potential pitfall for an...
Part VI: What Employers Can Do To Prepare
On July 1, 2018, An Act to Establish Pay Equity (the “Act”) goes into effect in Massachusetts. The Act prohibits discrimination in payment of wages on the basis of gender. Below is the final article in our series concerning the Act, which provides a list of “Action...
Part V: Safe Harbor-Voluntary Employer Salary Self-Evaluations
On July 1, 2018, An Act to Establish Pay Equity (the “Act”) goes into effect. The Act prohibits discrimination in payment of wages on the basis of gender. Below is the fifth article in our series concerning the Act. Employers can protect themselves against...
Part IV: Restrictions on Inquiries by Employers and Other Important Provisions of the Act
On July 1, 2018 an Act to Establish Pay Equity (the “Act”) goes into effect. The Act prohibits discrimination in payment of wages on the basis of gender. Below is the fourth article in our series concerning the Act, which examines restrictions on salary inquiries by...
Part III: Permissible Pay Disparities
On July 1, 2018, An Act to Establish Pay Equity (the “Act”) goes into effect. The Act prohibits discrimination in payment of wages on the basis of gender. In our second article about the Act we examined the complicated definition of “comparable work”. Below is...
Part II: What is Comparable Work Under the Pay Equity Act?
Part II: What is Comparable Work Under the Pay Equity Act? On July 1, 2018, An Act to Establish Pay Equity (the “Act”) goes into effect. The Act prohibits discrimination in payment of wages on the basis of gender. In our first article about the Act, we examined the...
PART I: Introducing the Commonwealth’s New Wage Equality Law
On August 1, 2016, Governor Baker signed into law An Act to Establish Pay Equity (the “Act”). The Act goes into effect on July 1, 2018. The Act prohibits discrimination in payment of wages on the basis of gender. The article below is the first in our series of...
Meal Breaks in Massachusetts: Paid or Unpaid?
Massachusetts law states that no person shall be required to work for more than six hours during a day without an interval of at least thirty minutes for a meal. MGL c. 149 s. 100. The Attorney General’s office has clarified that the 30 minute meal break period can be...
ALL SYSTEMS STOP
FLSA REGULATION CHANGES WILL NO LONGER TAKE EFFECT ON DECEMBER 1, 2016 Earlier this year, we posted several messages concerning upcoming changes to the Fair Labor Standards Act (“FLSA”) which were scheduled to go into effect on December 1, 2016. Most notably, the...
Fair Labor Standards Act Seminar on November 16
On November 16, beginning at 8:00AM at Dean College in the Campanella Board Room in the Campus Center, Attorney Michael Doherty, of Doherty, Ciechanowski, Dugan & Cannon, PC, will examine upcoming changes to the Fair Labor Standards Act regulation, which will go...
Important Information on the Commonwealth’s New Pay Equality Law
On August 1, 2016, Governor Baker signed into law An Act to Establish Pay Equity (the “Act”). The Act does not go into effect, until July 1, 2018, and it is too early to tell how it will affect Massachusetts employers. In this article we present a general overview of...
Steps Employers Can Take To Prepare For The Changes To The FLSA Regulations
The United States Department of Labor recently made significant changes to the regulations concerning overtime pay for certain employees, which will become effective on December 1, 2016. This week’s article, the final installment in our series, examines the steps...
FLSA’s exemption for “Highly Compensated Employees”
The United States Department of Labor recently made significant changes to the regulations concerning overtime pay for certain employees, which will become effective on December 1, 2016. This week’s article examines the changes to the FLSA’s exemption for “Highly...
Federal Laws Addressing Overtime Pay and the Various Exemptions to Those Laws
The United States Department of Labor recently made significant changes to the regulations concerning overtime pay for certain employees, which will become effective on December 1, 2016. The article below, the first in a series of articles examining these changes,...
Family feud, Pfannenstiehl -style
By Attorney Steven D. Weil | as published in the Mass Bar Lawyers Journal Update: The MBA’s Lawyer’s Journal just published a sequel to the article Attorney Weil wrote about the division of trust interests in divorce actions. The article can be found in the September...
Attorney Steven Weil Certified to handle Category F Guardian ad Litem Appointments
On June 1, 2016, Attorney Steven Weil was certified by the Massachusetts Probate and Family Court to handle Category F Guardian ad Litem Appointments. He will accept appointments from the Probate and Family Court to conduct investigations in cases involving the care...
Attorney Steven D. Weil Receives AV Preeminent Rating
We congratulate Steven D. Weil, Esq., on receiving a rating of AV Preeminent® from Martindale-Hubbell in the areas of civil litigation and family law. This rating is Martindale-Hubbell’s highest peer rating standard an attorney may achieve. It signifies that Attorney...
We Welcome Attorney Melissa Treneer
February 2016 - Doherty, Ciechanowski, Dugan & Cannon, P.C. is pleased to announce that Melissa S. Treneer has joined our legal team and will concentrate her practice in the areas of real estate and business law. Prior to joining Doherty, Ciechanowski, Dugan &...
Attorney Weil certified by the American Academy for Certified Financial Litigators
December 2015 - Attorney Weil was certified as a Member of the American Academy for Certified Financial Litigators (AACFL) . The Massachusetts chapter of the AACFL is an organization of elite attorneys dedicated to excellence in the financial aspects of litigation....
Attorney Dugan co-authors “Guardianship and Conservatorship in Massachusetts”
On October 23, 2015, Attorney John Dugan chaired a full day seminar for lawyers on the subjects of guardianships and conservatorships, sponsored by Massachusetts Continuing Legal Education, of Boston, Mass. Attorney Dugan is also the co-author of “Guardianship and...
Attorney John Dugan Selected 2015 Massachusetts Super Lawyer
Attorney John Dugan has been selected as a 2015 Massachusetts Super Lawyer. Based on Thomson Reuters Super Lawyer’s nomination process, review of John’s experience, achievements, and credentials, as well as the evaluation of colleagues, John has earned the recognition...
Back to School: Essential Estate Planning for College-Age Students
For many, starting college often marks the entry into young adult hood. For many students, this will be the first time that they are living away from home. For those young adults who are over the age of eighteen, this is also the perfect time to execute advance...
Attorney General’s Updated Regulations for New Earned Sick Time Law
The final version of the Attorney General's Regulations, which interpret the new Massachusetts Earned Sick Time Law, was released on Friday, June 19, 2015. The final Regulations have a number of significant changes from the draft Regulations issued earlier this year....
Sick Time Law Requirement
We believe the Final Regulations from the Attorney General’s Office in connection with the new Sick Time Law will come out sometime later this week or next week. One requirement of the Sick Time Law is that each employer displays a poster beginning on July 1, 2015 to...
Attorney General Offers Safe Harbor For Certain Massachusetts Businesses
The July 1, 2015 effective date for the new Sick Leave law is rapidly approaching. Earlier this week, the Massachusetts Attorney General’s office held the first in a series of public hearing sessions concerning the new law. Among other things, the Attorney General’s...
Regulations Clarifying the New Earned Sick Time Law in Massachusetts
The Massachusetts Attorney General has issued regulations clarifying the new Earned Sick Time law. Please click here to view the CODE OF MASSACHUSETTS REGULATIONS TITLE 940. The Attorney General has also scheduled hearings for all interested persons to present data,...
Attorney Dugan appointed to Commission on Judicial Conduct
Trial Court Chief Justice Paula M. Bary recently announced the appointment of Attorney John Dugan as an alternate member to the Commission on Judicial Conduct, effective March 9. The term will expire on March 8, 2021. The Commission on Judicial Conduct, established in...
Doherty Wins Supreme Judicial Court Decision
We congratulate attorney Michael Doherty for his victory in the Supreme Judicial Court case of Rodman v. Rodman, where the court adopted Mr. Doherty’s position interpreting and clarifying the Alimony Reform Act. Read the entire SJC Rodman decision (opens PDF)
Should you keep the house in a divorce?
Often in divorce cases one spouse has a strong preference to keep the house. The desire to minimize transition for the children, to avoid a costly move, or to remain living among one’s established community are only some of the reasons given. However, keeping the...
Part V: Suggestions for Complying with the New “Sick Time” Law
On November 4, 2014, Massachusetts voters overwhelmingly voted in favor of Ballot Question 4, approving a new law that imposes significant obligations on employers to provide earned sick time to employees. Last week, we examined some common misconceptions employers...
Part IV: Misconceptions Regarding the New “Sick Time” Law
On November 4, 2014, Massachusetts voters overwhelmingly voted in favor of Ballot Question 4, approving a new law that imposes significant obligations on employers to provide earned sick time to employees. In our prior blog, we examined potential pitfalls and...
It’s National Write a Business Plan Month
Alerting all business owners and aspiring entrepreneurs, December is national write a business plan month. Business plans are a crucial tool for aspiring entrepreneurs and established businesses. A business that establishes goals and a plan on how to achieve those...
Part III: Traps for Unwary Employers
On November 4, 2014, Massachusetts voters overwhelmingly voted in favor of Ballot Question 4, approving a new law that imposes significant obligations on employers to provide earned sick time to employees. In our last installment, Part II: Use of Sick Time under the...
Part II: Use of Sick Time under the New Law
On November 4, 2014 Massachusetts voters overwhelmingly voted in favor of Ballot Question 4, approving a new law granting employees significant rights to earn and take sick time and imposing new burdens on employers. Last week, we examined the issue of how the new law...
New Massachusetts Law Granting Employees Earned Sick Time
On November 4, 2014 Massachusetts voters overwhelmingly voted in favor of Ballot Question 4, approving a new law granting employees significant rights to earn and take sick time. The article below, the first in our series of articles examining the new law, addresses...
$21.5 million financing transaction
Attorneys Craig A. Ciechanowski and Paul A. Kolovos successfully completed a complex, $21.5 million financing transaction for a client involving 24 quick-serve franchise restaurants in multiple states.
Massachusetts Voters Approve Ballot Question Regarding Sick Time
Massachusetts voters approved Ballot Question 4 during the election earlier this month. Question 4 creates new obligations for employers to provide employees leave for "sick time", which is broadly defined in the new statute to include events that you may not at first...
Attorney John Dugan Named 2014 Super Lawyer
Attorney John Dugan has been selected as a 2014 Massachusetts Super Lawyer. Based on Thomson Reuters Super Lawyer’s nomination process, review of John’s experience, achievements, and credentials, as well as the evaluation of colleagues, John has earned the recognition...
Condo Zoning Provision – Franklin MA
Attorney Craig A. Ciechanowski successfully completed the permitting of a 55-unit luxury condominium project to be located in Franklin, Massachusetts under a recently adopted Franklin zoning provision.
Domestic Violence Leave is now law in Massachusetts
On August 8, 2014, Governor Deval Patrick signed into law legislation, which was effective immediately regarding domestic violence leave for employees. The new law impacts both public and private employers with 50 or more employees. Employees impacted by domestic...
Properly Classifying Workers in Massachusetts
Massachusetts law (as well as Federal law) draws a distinction between “employees” of a business and “independent contractors” who perform work benefiting a business. A worker’s classification has a significant impact on the employer and the employee, including the...
Appeals Court Upholds Award of Frivolous Attorney’s Fees
The Massachusetts Appeals Court recently upheld an award of attorney's fees and granted attorney's fees for the appeal to a client in a case in which Attorney Steven Weil defended a property management company against a former tenant. Attorney Weil successfully...
Recent SJC Decision Expands Strict Liability for Some Commercial Property Owners
In most personal injury cases, the injured must show that the damage she suffered was due to some intentional or negligent act by another party. However, in certain situations, the law may impose “strict liability”, which allows liability against a party without...
Massachusetts Collaborative Law Council Forum
Attorney Michelle M. Raymond attended the 2014 Advanced Training Interdisciplinary Forum hosted by the Massachusetts Collaborative Law Council. She looks forward to applying the information and tools she learned with present and future collaborative clients.
Dog Bite Injuries: Who is Responsible?
The Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) reports that there are approximately 4.7 million reported dog bites every year in the United States. Not surprisingly, many dog owners have questions about what would happen if their dog caused...
The High Cost of Unpaid Internships
by Andrew Kepple For many years, internships have provided students with an effective way to gain real-world work experience. However, there are numerous pitfalls connected with hiring unpaid interns. Recently, there has been an increase in litigation by unpaid...
Michael Doherty Named Boston’s Top Rated Lawyers
Congratulations to Michael P. Doherty, one of our Firm’s founders, for being named one of Boston’s Top Rated Lawyers in the “Legal Leaders” magazine in the February 28, 2014 edition of the Boston Globe. Mr. Doherty earned this distinction by being voted by other...
Parameters of “Health Care Decisions” Under the Health Care Proxy Statute
The Massachusetts Supreme Judicial Court recently decided two cases which touched upon an issue that many medical facilities and health care providers encounter on a regular basis. Specifically, the SJC addressed the issue of what constitutes a health care decision...
DCDC Names Attorney Michelle M. Raymond As Partner
Join us at DCDC in popping open the champagne to celebrate not only the New Year but also the naming of Attorney Michelle M. Raymond as partner and shareholder. Attorney Michelle Raymond, as the head of the firm’s Domestic Relations Practice Group, will continue to...
Legal Protection for “Whistleblower” Employees in Massachusetts
The term “whistleblower” usually refers to an employee who reports an employer’s wrongdoing to a government agency or law enforcement organization. In some cases, employers may attempt to take retaliatory action by discharging, suspending, or demoting a...
Employment Discrimination Claims in the Massachusetts Commission against Discrimination (“MCAD”)
The Massachusetts Commission against Discrimination (MCAD) is the administrative agency that enforces the Commonwealth’s anti-discrimination laws. It handles a wide range of employment discrimination claims, including cases where individuals allege discrimination by...
How the Massachusetts Home Improvement Contractor Statute Can Protect Homeowners
Every year countless home improvement projects result in disputes between homeowners and the contractors they hire to perform work. Fortunately, the Massachusetts Home Improvement Contractor Act, M.G.L. c. 142A (the “HICA”) was enacted in 1992 to protect homeowners...
Massachusetts Home Improvement Contractors-Get it in Writing!
Will you be performing home improvement contracting work in Massachusetts? If so, you may be required to enter into a written agreement with the homeowner before starting the job. Pursuant to Massachusetts law, every residential home improvement contract for more...
Water, Water Everywhere…Massachusetts 'Common Enemy Rule' to 'Reasonable Use Doctrine'
It’s a fact of life that surface water such as rain and snowmelt tends to move from higher elevations to lower elevations. Construction often changes the flow of surface water on a property, causing an increase in runoff which may affect neighboring lots. Disputes...
Water, Water Everywhere…Massachusetts ‘Common Enemy Rule’ to ‘Reasonable Use Doctrine’
It’s a fact of life that surface water such as rain and snowmelt tends to move from higher elevations to lower elevations. Construction often changes the flow of surface water on a property, causing an increase in runoff which may affect neighboring lots. Disputes...
Relocating an Easement under Massachusetts Law
An easement is a legal right allowing one party to use and enjoy a portion of a second party’s property for a certain purpose without actually owning it. Easements are common in residential situations. For example, you may hold an easement allowing you to cross a...
Divorce Basics Training Seminar
On June 10th and June 13th, Attorneys Steven Weil and Michelle Raymond will serve as panel members in a Divorce Basics training seminar sponsored by Metro West Legal Services. The program is a three-evening seminar designed to give attorneys the fundamental skills...
Attorney Steven Weil completed conciliation program
On Friday, April 26, 2013, Attorney Steven Weil completed an 8-hour conciliation training program sponsored by the Massachusetts Bar Association. The program certifies experienced family law practitioners as conciliators to be placed on the Probate and Family Courts’...
Attorney Steven Weil at Norfolk Probate & Family Court
Attorney Steven Weil will be serving as Lawyer for the Day at Norfolk Probate & Family Court on March 18, 2013. The Lawyer for the Day Program has an attorney who volunteers and delivers services on their scheduled day, and assists the public who arrive in court...
How To Sign On Behalf Of A Corporation Or LLC
One of the reasons most business owners form a corporation or limited liability company is to avoid personal liability for the liabilities of the business. Unfortunately, many business owners expose themselves to personal liability by not properly identifying the...
January 23, 2013 – What Every Tax Professional Should Know About The 2012 Alimony Reform Law
(AND HOW IT AFFECTS YOUR CLIENTS IN 2013) Join the Attorneys of DCDC’s Family Law Practice Group for the first 2013 installment of our “What Every Professional Should Know About the Law” Seminar Series to discuss how the recent alimony law changes may impact your...
What Does the Fiscal Cliff Mean for Estate Taxes?
Many tax laws passed in 2001 as part of the Economic Growth and Tax Relief Reconciliation Act (“EGTRRA”) will expire on December 31, 2012. Under this current law, each individual has a federal estate tax exemption of $5.12 million, and the federal estate tax rate is...
Trusts and property transactions for minors and incapacitated adults
By Attorney John Dugan Until recently, a family member or friend had to be appointed conservator to protect or manage property for a minor child or mentally incapacitated adult. This required expensive and time-consuming court filings, appointment of a guardian ad...
Actual Results Expected as Massachusetts Embraces Virtual Representation
Massachusetts recently adopted the Uniform Probate Code (M.G.L. ch. 190B) and the Uniform Trust Code (M.G.L. ch. 203E). These codes are intended to modernize the state’s Probate and Trust laws, and make the administration of trusts and estates less costly and more...
Will Contest or “In Terrorem” Clauses
Estate and trust disputes may take months or years to resolve, with litigation costs consuming a huge part of the estate. This frustrates the whole purpose of your estate plan, and diminishes the benefits that will pass to the persons you care about. Massachusetts law...
The Intersection of Employment, Business and Divorce
The Massachusetts Appeals Court recently upheld a Probate Court ruling in a divorce case involving a family owned business. During their marriage, the husband and wife owned and ran the business together. In their divorce, both the husband and wife sought sole...
Court issues a harsh reminder that a LLC needs to file annual reports
Massachusetts General Laws require a Limited Liability Company (“LLC”) to file an annual report each year. LLCs can be administratively dissolved by the Massachusetts Secretary of State if they fail to file annual reports for two consecutive years. If a LLC is...
Criminal Offender Record Information (“CORI”) reform law in effect
As discussed in our prior blog posts from November 2010 and our subsequent update, all the provisions of the two year old Criminal Offender Record Information (“CORI”) reform law have all been put into effect as of May 4, 2012. Below is a “to-do list” for employers as...
Security Deposit Violation: The Easiest Mistake A Massachusetts Landlord Can Make
There are many ways in which landlords can cross the line and get into serious trouble with their tenants, but perhaps the easiest is by misappropriating their security deposit. Many landlords collect a security deposit to ensure that there are funds available to...
Transgendered Persons and Non-discrimination in Massachusetts
What It Means to the Business Owner In late 2011, Massachusetts passed “An Act relative to gender identity” (“the Act”). The Act, which will take effect on July 1, 2012, defines “gender identity” and adds it as a protected characteristic under various parts of the...
Something New to “Like” About Organ Donation
As discussed previously on this blog, it is important that, in addition to registering your organ donation wishes with the Massachusetts Donor Registry and Donate Life New England, you discuss your organ donation wishes with your family and friends so that your wishes...
DCDC Attorneys Selected “Top Rated Lawyers” in Boston
April 25, 2012 We are proud to announce that Michael P. Doherty and Edward Cannon were selected as among the Boston area’s “Top Rated Lawyers” in the 2012 Edition of AV Preeminent Listing of Attorneys. This recognition is the culmination of confidential surveys of...
Oral arguments at the Massachusetts Supreme Judicial Court
April 2012 On May 7, 2012, Oral arguments were presented at the Massachusetts Supreme Judicial Court in Boston, Massachusetts. In this appeal, the Court will consider whether a statute that alters the definitions of terms in a will of after the testator’s death is...
Pulled over by a Massachusetts State Trooper or Police Officer
How should you act if you are ever pulled over by the police while driving? What if the officer has an attitude? There is an old saying; the best way to take a chip off of someone’s shoulder is to let them take a bow. If you get pulled over by a police officer and...
No Sale, No Discount – Valuing A Closely Held Business in a Divorce
How do I value my husband’s shares in his family’s business? This issue frequently occurs in divorce cases where one or the other spouse derives his income from a successful small business. The stock of the business is not traded on a stock exchange, making it...
Making Surrogate Health Care Decisions
Every health care decision requires an understanding of the patient’s condition, and the benefits and burdens of the proposed treatment. Most people have strong feelings and beliefs about when and to what extent they would accept invasive or aggressive treatment. The...
Do I have the right to ask to see my spouse’s financial records prior to negotiating a divorce settlement?
Yes, Massachusetts’ Rules of Domestic Procedure, Supplemental Rule 410, requires a disclosure of financial information by both parties to a divorce action. After the service of the complaint for divorce and summons, the court requires each party to a divorce action...
A Summary of Summary Process
Summary Process is the legal procedure landlords must use to evict tenants from residential and commercial properties. It is one of the most abbreviated court procedures in the Commonwealth, yet it requires careful adherence to Massachusetts law and the rules that...
Massachusetts Data Security: One Year After The New Law
On March 1, 2011, the Massachusetts data security law, M.G.L. c. 93H, came into effect. The purpose of the law was to (1) ensure the security and confidentiality of personal information; (2) protect personal information against threats or hazards and (3) protect...
New Foreclosure Bill May Spur Purchases of Foreclosed Properties in Massachusetts
The Massachusetts Supreme Judicial Court’s ruling last year in U.S. Bank v. Ibanez dramatically altered how foreclosures are conducted in the Commonwealth and created title clouds on many titles in the state where a foreclosure had taken place somewhere in the chain...
The dangers of misclassifying employees as independent contractors under Massachusetts law
The failure to properly classify workers as employees in Massachusetts can cause employers to incur tax penalties, increase their insurance liability, receive civil and criminal fines and become subject to litigation. One potential area of liability for...
Make Note: Hold onto the Note!
It seems logical enough. A lender makes a loan and requires the borrower to execute a promissory note and secures the note with a lien on collateral. The lender tucks the promissory note away in a file, and moves on to the next deal. The borrower is not going to go...
Changing Terms of Employment Agreement Voids NonCompete
A recent Massachusetts Superior Court case reinforced the importance of an employer honoring its contractual obligations with employees if it hopes to enforce a noncompete agreement. The facts involved a company that sold its assets to a new owner. The new owner...
Massachusetts Short Sale Attorneys
Short sales can be tricky, but they can present excellent opportunities for homebuyers. A short sale is a sale where the lender holding a mortgage on the property being sold allows the property to be sold for less than the amount required to payoff the mortgage. Give...
MA Employeers Now Have Additional Restrictions Concerning an Applicant’s Criminal History
This is an update on our article published November 2010 regarding; Criminal Offender Record Information Administrative Procedure Reforms In May, Massachusetts employers will have to follow certain steps when asking an applicant about her criminal history. Last...
Transgendered Persons and Non-discrimination in Massachusetts
What It Means to the Business Owner In late 2011, Massachusetts passed “An Act relative to gender identity” (“the Act”). The Act, which will take effect on July 1, 2012, defines “gender identity” and adds it as a protected characteristic under various parts of the...
Medicaid/MassHealth Update: Your Spouse Can Now Keep More
Applicants for Medicaid, as administered by MassHealth here in Massachusetts, can only qualify for the program when they have sufficiently “spent down” their assets. Many people are familiar with the rule that the applicant may have only $2,000 worth of countable...
Failure to issue 1099s: What You Don’t Know Can Cost You
Over the course of a year, a corporation makes many payments – rent to the real estate limited liability company that owns your office space, professional fees to your attorneys and accountants, payments to the estate of an employee who passed away, service fees to...
NLRB Again Postpones Effective Date of Rule Requiring Employers to Post Notice of Employee Rights
On August 25, 2011, we posted an article regarding the new National Labor Relations Board (“NLRB”) rule requiring employers to post notice regarding employee’s rights. The new rules were originally scheduled to take effect on November 14, 2011, but were postponed to...
Strained to the Limit: Massachusetts Probate and Family Courts
How Does that Affect Your Divorce? With no immediate likelihood of hiring new judges or law clerks, the impact of losing twenty percent (20%) of Massachusetts Probate and Family Court judges and sixty percent (60%) of the law clerks will continue to have a significant...
How to Maintain and Share Access to Employee’s Personnel Records
Massachusetts General Laws Chapter 149 § 52C (the “Act”), creates an affirmative obligation for employers to provide notice to employees whenever certain negative information or documents are placed into an employee’s “personnel record.” Employer Notification...
Attorney John Dugan honored by Metro West Legal Services
November 8, 2011 Attorney John Dugan was recognized at at the 35th anniversary celebration dinner sponsored by the Metro West Legal Services honoring "35 Stars for 35 Years".
Massachusetts Law Can Apply To Out Of State Residents
A Massachusetts court recently ruled in a lawsuit brought by a Florida resident who worked for a Massachusetts company that the Massachusetts Wage Act applied to the Florida resident because the Florida resident had sufficient contacts with the Commonwealth of...
Do you own what you think you own?
The Massachusetts Supreme Judicial Court, in the case of Bevilacqua v. Rodriguez, has decided that a purchaser of a foreclosed property does not have good title to the property due to the fact that the foreclosure was not completed in compliance with Massachusetts...
NLRB Postpones Effective Date
NLRB Postpones Effective Date of Rule Requiring Employers to Post Notice of Employee Rights On August 25, 2011, we posted an article regarding the new National Labor Relations Board (“NLRB”) rule requiring employers to post notice regarding employee’s rights. The new...
Upcoming Changes to Probate Law Will Impact Real Estate Practice
On January 2, 2012 Massachusetts will undergo sweeping changes to the probate laws. For example, Massachusetts will no longer recognize “Executors” or “Administrators” as they will be replaced simply by “Personal Representatives” or “PRs”. In addition, all real estate...
Have the document, then have the conversation.
We have all read the articles - sad stories about families torn apart because loved ones disagree about what medical steps to take - or not take - at the end of life. In some cases, the ill person had no legal documents about his or her care. In others, documents...
How long may a non-competition agreement last for?
In Massachusetts, non-competition agreements are frequently required of employees by employers. These agreements must be reasonable both in terms of their geographic scope and in their duration. Such an agreement will expire at the end of its stated term. However,...
Massachusetts Courts face significant challenges ahead.
September 26, 2011 An article in today's Boston Globe captures the frustrations and oncoming challenges that face the Massachusetts court system as budget cuts require downsize of staff and hours available to the public. Staff cuts slow course of justice in Trial...
Employee Rights Under the NLRA
New National Labor Relations Board Rule Requires Employers to Post Notice Regarding Employee Rights Under the NLRA On August 25, 2011, the National Labor Relations Board (“NLRB”) published a final rule which requires most private employers to post a notice informing...
Attorneys Raymond and Weil attend “Latest Developments in Alimony” Conference
September 23, 2011 Attorneys Michelle M. Raymond and Attorney Steven Weil attended the “Latest Developments in Alimony” Conference on September 23, 2011 at Suffolk Law School. Probate and Family Court judges and the crafters of the new alimony reform statute were...
Do I have to wait until the restraining order expires to see my children?
Additional information: My ex obtained a 209A restraining order against me in Worcester district court which grants custody and prevents me from seeing my children. Do I have to wait until the restraining order expires to see my children? While the 209A restraining...
Budget Cuts Limit Access to Massachusetts Courts
One of the effects of recent budget cuts has been limiting the trial courts’ ability to respond to litigants and attorneys involved in lawsuits. The budget cuts have caused decreases in staffing but the number of lawsuits and demands upon court personnel have...
Statute of limitations for claims against a decedent’s estate
Creditors have one year after death to collect on debts owed by the decedent. For example, if the decedent owed $10,000.00 on a credit card, the card-holder must file a claim within a year of death, or the debt will become uncollectable. A creditor can file a request...
Threadbare American Justice – NYT Editorial
The dilemma caused by budget cuts to courthouse staff is not limited to just Massachusetts as noted in the recent New York Times editorial below. New York Times Editorial Published: August 17, 2011 It is an American article of faith that the path to justice runs...
In the State we trust?
Many families ask me why they even need an estate plan. Won't their spouse simply receive all of their assets and be able to make all decisions? What these families do not realize is that every person has an estate plan - but if they have not created one of their...
Businesses Need to Keep Their Goggles Focused on Google Places
The New York Times has reportedly recently that businesses listed on Google Places can easily be erroneously listed as “reportedly closed” or “permanently closed” without the knowledge of the owner of the business. This can be done by just a few customers who may...
The Impact of Remarriage on College Financial Aid
Some colleges are now requiring not only both parents’ financial information regardless of whether they are custodial or non-custodial they are also requiring each parent’s spouse’s financial information as well. Have you planned for this in your divorce agreement?...
Massachusetts Court Locations Adjust Public Office Hours
September 6, 2011 The Chief Justice for Administration and Management has announced new public office hours for many courts around the Commonwealth of Massachusetts. Specifically, the Probate & Family Courts across the state will be adjusting their public office...
Are Non-Competition Agreements Enforceable in Massachusetts?
In appropriate circumstances, Massachusetts courts will enforce non-competition agreements and prevent employees from competing with their former employers. Non-competition agreements can be part of an employment contract signed at the start of employment, or executed...
Compromise will hire more lawyers for the poor
By David Riley | Daily News Correspondent | August 28, 2011 Leaders of the state's public defender system will soon detail a plan to hire more staff attorneys to represent the poor and contract less of that work to about 3,000 private lawyers across Massachusetts. The...
Does Massachusetts law allow a parent to withhold child support?
Additional information:If a parent refuses to allow the other parent visitation with the child, does the law allow a parent to withhold child support? No, if a parent is denied court-ordered visitation, he or she does not have the right to withhold child support based...
Mass. Supreme Court Limits Standing for Zoning Appeals
In the recently decided case of Kenner v. Zoning Board of Appeals of Chatham, the Massachusetts Supreme Judicial Court considered a case where a homeowner wanted to rebuild, but due to new laws had to raise the level of the new house by seven feet. Some who lived...
What happens when I am sued?
Everyday thousands of lawsuits are filed across the county and in the Common wealth of Massachusetts. Typically, you first learn you have been sued when you are served with a copy of a Summons and Complaint by a judicial officer. After receiving a Complaint, you...
Does my business need a Confidentiality Agreement or Non-Disclosure Agreement?
A Confidentiality Agreement or Non-Disclosure Agreement is crucial for any Massachusetts business that wants to protect proprietary or confidential business information. A properly drafted agreement will clearly define the confidential information it is protecting:...
Does my business need Massachusetts workers’ compensation insurance?
Under Massachusetts employment law, every employer is required to carry workers’ compensation insurance for its employees. Proper workers’ compensation insurance will provide coverage for most employee related injuries and illnesses sustained during the course of...
Recent Change in Massachusetts Post-Foreclosure Eviction Law
On August 4, 2011, the Supreme Judicial Court of Massachusetts rendered a decision in the Bank of New York, et al. v. KC Bailey matter. In Bailey, Bank of New York (the “Bank”) believed that it held title to a foreclosed property pursuant to a recorded deed. After...
What is a conservator?
A conservator is appointed by the court to manage a protected person’s property. A protected person is someone who is clinically diagnosed to be unable to manage property, and whose property may be wasted unless a conservator is appointed. The Massachusetts Probate...
Passage of the New Massachusetts Alimony Reform Bill
August 2011 Recently, the Massachusetts legislature passed the long awaited Alimony Reform Bill which is now awaiting signature by Governor Patrick. Once Governor Patrick signs the bill into law, it will have significant impact on currently pending divorce cases and...
What should I do when I have been sued?
The first thing that you should do is to call an experienced Massachusetts litigation attorney. You should also be prepared to discuss with that attorney if you have insurance. You may have insurance that will pay for your legal fees to defend you in the lawsuit and...
In Massachusetts what rights do I have when I am terminated or fired?
In Massachusetts, terminated or fired employees have a number of very important legal rights. Massachusetts employment law entitles a fired or terminated employee to compensation for wages you have already earned, vacation time, and any compensation or severance pay...
Do I need a written agreement when I go into business with another person?
A written agreement between business owners is vitally important. We have seen numerous lawsuits and disputes between business owners which paralyze a business, and eventually cause the business to fail as a result disputes that could have been avoided or easily...
What type of business entity should I use when starting a new business in Massachusetts?
There are many forms of entities that a person can choose when starting a business. If there is only to be one owner of the business, the business could be an unincorporated sole proprietor, a corporation, or a limited liability company. We generally recommend that...
Does my employer need to have a good reason or cause for firing me?
Generally, Massachusetts employment law defines most employment relationships as “at will,” which means your employer does not need a good reason or cause to terminate or fire you. However, according to Massachusetts employment law an employer cannot fire or...
Massachusetts Judges vow to shut 11 courts
Two very common questions one has when they become involved in a law suit is what should they expect and how long will the process take? The answers to these questions just got very complicated. A recent Boston Globe article discussed the political and legal problems...
What is Massachusetts law regarding the payment of child support for a child who is over the age of eighteen?
Child support may be awarded for a child eighteen years of age until the child’s twenty-first birthday if the child resides with the recipient parent and is principally dependent upon that parent for support. Child support may continue through the age of twenty-three...
How Do I Take Control Of My Divorce?
For most people going through a divorce, this is the most out-of-control they have ever felt over their lives. Part of that overwhelming sensation of being out-of-control is when the court is deciding their fate – how their children will be raised, how their money or...
When should you retain a real estate attorney to help with the sale or purchase of a new home?
Hire your attorney before you sign an Offer to Purchase. In Massachusetts a signed Offer to Purchase is a binding contract. Most people wait until after they have signed the Offer to Purchase – why hire an attorney if I don’t have a deal? However, once you have...
Attorney Steven Weil at Norfolk Probate & Family Court
July 10, 2011 Attorney Steven Weil will be serving as Lawyer for the Day at Norfolk Probate & Family Court. The Lawyer for the Day Program has an attorney who volunteers and delivers services on their scheduled day, and assists the public who arrive in court that...
If a deceased person resided in one state but owned property in another state, which laws determine who will inherit the property?
If the person had a valid will, the will determines how the person’s property will pass. Each state has its own requirements for execution of a will, but all states accept a will that complies with the laws of the state where the person resided when the will was...
How can a custody or child support judgment be changed or modified?
The parent who requests a change to the judgment must file a Complaint for Modification. In order for a parent to successfully alter a judgment, he or she must demonstrate a material and substantial change of circumstances since the entry of the last judgment. These...
What are the Dangers of DIY (Do-It-Yourself) Divorce?
There is a new dangerous trend of DIY Divorce packages that are appearing on the internet. These packages claim to provide for a minor fee all the required documents that a couple needs to complete and file a divorce in Massachusetts on their own. DIY Divorce is like...
When should you complete your Title 5 inspection in Massachusetts?
Complete your Title 5 inspection as soon as you decide you want to sell your home, but before you list your home for sale. The outcome of the inspection may dramatically effect how you market your home. For example, if your system fails inspection, you may be...
What is Massachusetts law regarding the landlord’s responsibility with Security Deposits and Last Month’s Rent?
Massachusetts law is very clear regarding the landlord's responsibility of handling both the tenant's Security Deposit and Last Months Rent. Landlords’ obligations when holding both of these types of deposits are highly regulated and there are potentially serious...
Attorney Steven Weil Participated as Plaintiff’s Counsel
May 20, 2011 Attorney Steven Weil participated as plaintiff's counsel in a mock trial as part of a program entitled "A Day of Expert Witness Training: The Creation and Destruction of the Valuation Expert – Surviving the Rigors of the Courtroom," jointly presented by...
Attorney Dugan to co-author “Guardianship and Conservatorship in Massachusetts” handbook
May 15, 2011 Attorney John Dugan will be co-author of 2011 edition of "Guardianship and Conservatorship in Massachusetts," a handbook for lawyers published by LexisNexis. Other three authors are Attorney Nan Elder, Attorney Jennifer Ulwick Rivera and Dr. Rebecca...
New EEOC Regulations Substantially Expand Disability Impairments
May 15, 2011 | by Attorney Michael Doherty The Equal Employment Opportunity Commission (“EEOC”) has recently released new regulations that provide guidance for interpreting which impairments qualify as a “disability” under the Americans with Disabilities Act...
DCDC Law supports Elder Law Month
May 1, 2011 May is the Massachusetts Bar Association's Elder Law Month, and attorneys at Doherty, Ciechanowski, Dugan & Cannon have answered the MBA's call for volunteers. This month, we will be speaking to seniors in surrounding communities, using the MBA's...
Attorney Raymond Chairperson of the Women’s Success Network March Speed Networking
April 15, 2011 Attorney Michelle M. Raymond led as chairperson the Women’s Success Network March Speed Networking meeting at the Franklin Country Club in Franklin, and on March 3rd met with My Wealth Management Team to review how the insurance industry is working with...
Attorney Dugan has attained a Superb Avvo rating
April 15, 2011 Attorney John Dugan has attained a Superb Avvo rating of 9.0 in recognition of his background, history and conduct being consistent with the goals of maintaining an unmatched level of transparency and providing information and guidance to his clients.
Doherty coaching the Franklin High School Mock Trial Team
April 15, 2011 Michael P. Doherty is once again coaching the Franklin High School Mock Trial Team. This is Attorney Doherty's second year as coach.
WSN Pure Networking and YMCA Franklin Reach Out for Youth Events
April 2, 1011 On March 23rd, Attorney Michelle M. Raymond attended the WSN Pure Networking event at Candace Sallale, CFP of Edward Jones Investments in Attleboro, and on March 22nd, she attended the YMCA Franklin Reach Out for Youth reception at 3 Restaurant in...
Attorney Dugan selected as a 2010 Massachusetts Super Lawyer
March 1, 2011 Attorney John Dugan selected as a 2010 Massachusetts Super Lawyer as published in Boston Magazine and in Massachusetts Super Lawyers Magazine. Attorney Dugan was also chosen in 2009, 2008, 2007 and 2006.
Attorney Dugan attends Probate law and The Uniform Probate Code seminar
March 1, 2011 Attorney John Dugan attended a two-day session entitled "Training the Trainers," presented by a panel appointed by Chief Justice Paula Carey of the Probate and Family Court. This program instructed attendees on probate law and practice under the Uniform...
Attorney Michelle Raymond
February 1, 2011 Attorney Michelle Raymond completed and had court-approved another collaborative law divorce in Norfolk Probate and Family Law Court.
Criminal Offender Record Information Administrative Procedure Reforms
November 17, 2010 | by Massachusetts Commission Against Discrimination Criminal Offender Record Information Administrative Procedure Reforms (PDF Version) On August 6, 2010, Governor Deval Patrick signed into law Chapter 256 of the Acts of 2010, “An Act Reforming the...
Snow Removal: Change in Law
November 1, 2010 | by Doherty, Ciechanowski, Dugan & Cannon, P.C. Recent Massachusetts Supreme Court ruling holds property owners have legal obligation to shovel and treat snow and ice on property With the end of summer and the record snowfalls of 2009 still a...
New Massachusetts Law Bans Text Messaging While Driving Effective September 30th
September 1, 2010 | by Attorney Michael Doherty In July 2010, Governor Deval Patrick signed a new law that makes it illegal to text while driving starting September 30, 2010. The law comes in the wake of a recent study that found texting while driving makes an...
Women’s Success Network Celebrates Strong Women
March 2010 | Published in The Bellingham Bulletin Newspaper "The real story is what happened next." So said a longtime member of the Women's Success Network (WSN) who spoke at their recent event entitled "Strong Women/Safe Women." The meeting was held on February 3 at...
Attorneys in Franklin Massachusetts and Medfield MA lawyers
The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning,...
Dugan appointed Co-Chairman of Massachusetts Bar Association’s Probate Section Council
September 15, 2008 John Dugan has been appointed Co-Chairman of the Massachusetts Bar Association’s Probate Section Council for the 2009-2010 year.