Early Assessment is Key to Grasping the Ultimate Cost of Litigation
An important matter that should be considered by every potentiallitigant is the likely transactional cost of pursuing, or defending, acase. This should be addressed and discussed at the very outset ofany matter because the foreseeable transactional costs, includingattorneys’ fees, can be the critical factor in analyzing how best toapproach a lawsuit or a potential lawsuit….
Are You Employing Illegal Aliens? Do You Really Want to Know?
Since 1987, employers have been required by law to verifythat every employee they hire is entitled to work in the UnitedStates. Compliance requires that an I-9 Employment EligibilityVerification form be completed for each and every new hire.Significant fines and penalties can be imposed on those whoknowingly hire illegal immigrants or permit them to work afterdiscovering…
Are Brokers Liable for False Information Provided by the Seller?
In 2013, the Massachusetts Supreme Judicial Court issuedits most recent decision concerning the liability of real estatebrokers for providing inaccurate information to a Buyer inthe sale of real property. In DeWolfe v. Hingham Centre, Ltd.,464 Mass. 795 (2013), the Massachusetts Supreme JudicialCourt (“SJC”) held that a broker may be liable for disclosinginaccurate information provided by…
Fletcher Tilton PC Welcomes Attorney William R. Bloom
FOR IMMEDIATE RELEASE WORCESTER, MA – Fletcher Tilton PC, one of the largest law firms in Central Massachusetts, is pleased to announce that William R. Bloom has joined the firm. With nearly five decades of legal experience, Mr. Bloom brings to Fletcher Tilton his extensive expertise in business and corporate law, estate planning, trust administration,…
A New Federal Surtax on Investment Income: Some Planning May Be In Order
When the United States Supreme Court affirmed the constitutionality of President Obama’s healthcare plan in June, many taxpayers having adjusted gross income in excess of $200,000 (single) or $250,000 (married, filing jointly) cringed. They cringed because the 2012 law that created Obamacare includes a 3.8% additional tax on investment income that goes into effect on…
Commercial Leasing Tips and Traps
As a member of our Real Estate practice area, I routinely hear fromclients asking me to draft or review leases for them. Whether it is aphysician group looking to relocate their practice, a fitness facilityplanning an expansion of their existing space, a large distributioncenter considering a new transportation hub, a restaurant interestedin leasing a second…
Immigration Enforcement Priorities: Secure Communities & Prosecutorial Discretion
Immigrant Enforcement has never been more vigorous thanunder the first year of the Obama Administration. For the year thatended September 2010 Immigration and Customs Enforcement(ICE) deported nearly 400,000 people, a record high. Last yearCongress granted the Administration’s request for an additional$650 million to provide increased border resources, includingmore border agents, more surveillance equipment and technologyimprovements….
Last-Minute Reprieve to Exempt Employee Law Changes has Employers Asking, “Now What Do I Do?”
The revised U.S. Department of Labor (DOL) regulationswhich were set to take effect December 1 would havechanged the requirements for an employee to be consideredExempt/Salaried (ineligible for overtime). Called the “WhiteCollar Exemptions,” the revisions provided that employeescould not be considered Exempt unless their weeklysalary was $913 or more, a huge increase over the currentrequirement of…
“No-Match” Letters Likely to Resume Employers: Take Steps Now to Avoid Being in “Contructive Knowledge”
The Social Security Administration’s (“SSA”) “no-match” lettershave presented a source of great concern for workers and employersalike. The SSA sends out “no-match” letters to employers if adiscrepancy exists between an employee’s name and social securitynumber. The letter urges the employer to verify its records withina specified time period but provides little further guidance. In fact,the…