The Privilege of Union: Examining the Long Arc of Privileges in Massachusetts
Massachusetts has long enshrined the sanctity of the attorney-client privilege. In civil cases, Massachusetts also recognizes the common interest or joint litigation doctrine, the work product doctrine, the marital disqualification doctrine, the priest-penitent privilege, the psychotherapist-patient privilege, the allied mental health professional-client privilege, the social worker-client privilege, the rape counselor-victim privilege, the domestic violence counselor-victim […]
Acknowledgement, Participation and Consent: SJC Examines The Hallmarks of Parentage
In 2014, Plaintiff Karen Partanen filed a complaint in the Probate and Family Court seeking to establish legal parentage of two young children. The complaint alleged that she and the defendant, Julie Gallagher, had been in a committed, non-marital relationship between 2001 and 2013. Using in vitro fertilization, and with Partanen’s “full acknowledgment, participation, and […]
Diversity Visa Lottery Program Dates Released!
The United States has long been known as a “melting pot” of nationalities, cultures, and ethnicities. In order to keep the United States diverse, Congress enacted a program called the “Diversity Immigrant Visa Program.” This program makes up to 50,000 immigrant visas (green cards) each year to random applicants from across the world. The eligible […]
Immigration Expands Eligibility Effective August 29, 2016!
Immigration Expands Eligibility for its Provisional Waiver Program, Effective August 29, 2016! Expansion of the Waiver Program May Allow over 100,000 Eligible Applicants for Permanent Residence to Pursue Permanent Residence While Staying with their Families Longer Normally, if a U.S. citizen or Legal Permanent Resident (LPR, or “green card” holder) wants to sponsor their family […]
Syria Designated for TPS through March 31, 2018 – Renewals AND New Applications Accepted!
Immigration has announced that nationals of Syria will be eligible to renew their Temporary Protected Status starting immediately through September 30, 2016, or apply for the first time through January 30, 2017. Temporary Protected Status (also known as TPS) is a measure taken by the U.S. Department of Homeland Security (Immigration) there is a significant […]
Public Disclosure of Tax Returns: A Potential Political Nightmare for Donald Trump
As we all know, the prudent taxpayer is expected to openly report their tax liabilities and business ventures. Donald Trump, the outspoken GOP nominee, has denied rumors that he has any financial ties to Russian Oligarchs.Trump has been asked to release his tax returns. In response, his campaign manager has stated that Trump’s taxes are […]
Contract Signed Over E-Mail – Massachusetts Digital Exchange Laws
Massachusetts Court of Appeals provides guidance on the enforceability of digitally exchanged settlement agreements The digital age has ushered in novel methods of conducting business, exploring growth opportunities, and seeking restitution. All of these opportunities were exploited by Daniel and Lisa Duff, a pair of homeowners in Hingham, Massachusetts who sought enforcement of a putative […]
Electronic Communication Tips When Filing For Divorce – Massachusetts
4 Tips for Handling Electronic Communication During Divorce During a divorce, we must pay special attention to how we use various forms of technology and electronic communication. All too often, an unsuspecting spouse will find their emails and social media posts front and center in their divorce trial. Due to the pervasiveness of electronic media […]
I-9 Compliance – Immigration Fines & Laws For Employers
Employer I-9 Compliance More Necessary than Ever as Fines to be Increased to a Record Breaking High Effective August 1, 2016, civil fines for immigration-related violations are set to increase dramatically. These new fines will be applied to all penalties issued by the Department of Homeland Security after August 1, 2016 and any violations that […]
The Night Circus and the Division of Future Royalty Payments – Massachusetts
In her debut novel, artist and writer Erin Morgenstern constructed a fantastical tale set in Victorian London involving a magical circus and a pair of dueling lovers. Coming on the heels of the success of the Harry Potter series, The Night Circus received hype as the next literary phenomenon and was highly profitable for Ms. […]
The “Outside-In” Approach to Your Business – Business Law Massachusetts
An “outside-in” perspective is premised on the idea that dependably successful companies begin with an external market orientation, whereby utilizing customer trends to design their business strategy. In more simple terms, this approach aims to deliver, above all else, something of value to customers, in lieu of simply developing a product. Times are difficult for […]
Custody Dispute Laws Massachusetts – Nicoletti v. Bolduc
Nicoletti v. Bolduc 14-P-1125 (November 6, 2015) The November 2015 appeals decision of Nicoletti v. Bolduc 14-P-1125 provides perspective to those whom feel aggrieved by the excessive delays often associated with judgments from the Probate and Family Court. Nicoletti was an appeal from a modification judgment of the Probate and Family Court (“the trial court”), […]
The Limits of Moral Condemnation – Jankovich v Jankovich – Family Law in MA
In Jankovich v Jankovich (14-P-1703), the Massachusetts Court of Appeals refused to morally condemn a father’s decision to have an extra-marital affair with the parties’ live-in au pair. Two years prior to their separation in 2012, the parties Jankovich hired a live in au pair, to assist with the needs their children. For the years […]
Medicare Enrollment Deadline For Dentists and Physicians in MA
Have you made a decision on Medicare enrollment? June 1, 2016 is the deadline for all the providers to either enroll or opt out of Medicare. Traditionally, most physicians, including dentists, have been enrolling in Medicare in order to provide covered services to Medicare eligible beneficiaries through the Medicare Part D plan or Medicare Advantage […]
An Adventure into the Pitfalls of Child Support Modification
Lupoli v. Zografos Authored by: Anthony J. Low, Esq. Nicholas Lupoli was so convinced that his change in income, new paternal duties, and financial submissions, that he vigorously argued to the Massachusetts Court of Appeals that he deserved of a reduction in his child support obligation. The Massachusetts Court of Appeals did not agree. Mr. […]
United States v. Texas: What Will the Supreme Court Decide?
In the aftermath of the Supreme Court hearing on April 18, 2016, concerning President Obama’s executive actions on immigration, the guessing game has begun. Many pundits predict that because we are in an election year and the High Court is equally divided 4-4 between conservatives and liberals (due to the recent death of Justice Antonin […]
Protecting the Online Reputation of Your Business is More Important than Ever
Anna Shapiro, Esq., CEO More and more, the online reputation of your business matters. According to BrightLocal’s 2014 Local Consumer Review Survey, “88% of consumers trust online reviews as much as personal recommendations.” Reviews have an increasingly big impact on customer decisions and your bottom line. A single bad review can do a lot of […]
Massachusetts Appeals Court Says Child Support Law Requires Inclusion of All Parents’ Income
Navigating the divorce process is often like wading through a minefield: Even when you think you’re on sure footing, your next step may prove treacherous. In the author’s experience, when parents divorce, resolving finances and determining child support dominate throughout the negotiations. A ruling from the Massachusetts Appeals Court recently resolved and expanded the scope […]
U.S. Supreme Court to Decide Lawsuit Challenging DACA and DAPA Expansion-Immigration Law MA
On January 19, 2016, the United States Supreme Court accepted the Obama administration’s request to review the question as to the validity of the Immigration expansion program. Throughout President Obama’s campaigns, he made numerous promises to try to “fix” the United States immigration system. In November 2014, President Obama announced that he […]
Gregory T. Magazu & Another v. Department of Children and Families, Supreme Judicial Court – 1186
The Massachusetts Supreme Judicial Court opened 2016 with a decisive statement against the crusaders of religious freedom. The matter of Magazu, et al. v. Department of Children of Families, SJC – 11864 set a strong precedent upon aspiring foster parents with deeply held religious convictions, who employ the use of corporal punishment. The Magazus were […]