News

SJC Holds that Second Element of Independent Contractor Test is Preempted by Federal Law

by Jack Merrill The Massachusetts Supreme Judicial Court today weighed in on the hot topic whether and to what extent the state’s Independent Contractor Statute is exempted as applied to … more


New Pay Equity Law Means Employers Must Prevent Gender-Based Wage Disparities

by Jack Merrill In the wake of passage of the new pay equity law in Massachusetts, employers again have work to do. To prevent getting caught up in what is … more


New statute limits amount of retainage in construction contracts

A recently enacted statute limits the amount of retainage that may be withheld under certain construction contracts. “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”), codified … more


Identify your business . . . or else!

In a recent District Court Appellate decision, the court determined that when two individuals entered into a contract with a third party without disclosing that (as far as they were … more


Is your mortgage due on sale?

Most residential mortgages contain a provision requiring payment of the remaining balance of the loan when the property is sold.  This is called a “due on sale “ clause.  This … more


New and Recent Massachusetts Foreclosure Laws

The Commonwealth of Massachusetts has amended its laws regarding the foreclosure process by adding or revising sections of Chapter 244, General Laws over the past couple of years. Pursuant to … more


Tax Changes for 2013 in addition to those expected due to the “Fiscal Cliff”

A number of changes in United States Federal tax rates and amounts which were previously announced are likely to become effective as of January 1, 2013, even if Congress passes … more


Preventing An Easement

Early each morning the neighbor from down the street walks his dog over the side edge of your lawn to get to the park that abuts your backyard.  During the … more


Letter of Intent Unenforceable

A Superior Court judge recently ruled that a real estate company that signed a letter of intent to jointly develop a parcel of property with its owner, but was unable … more


Wrongful Discharge Suits Made Easier

Appeals Court Decides that Virtually any Employee Handbook can be Constructed as a Binding Contract in a Wrongful Discharge Suit, Highlighting the Importance of Careful Legal Planning of Company Policies … more