December 11, 2009

The annual holiday shopping season has begun.  Hordes of anxious shoppers have crammed shopping malls, outlet stores, and retail shops all across Massachusetts in search of the perfect gift.  Be sure you know your rights before you buy! [Read more...]

December 1, 2009

Short of starting one’s own business, the method to own and operate a business is through the acquisition of an existing enterprise.  Particular issues should be considered in this acquisition process such as due diligence, letters of intent, confidentiality agreements, non competition arrangements, availability of seller financing, and stock versus asset acquisition.  The purchase and sale agreement culminates resolution of these issues in a thorough manner, but contemplates a closing at which time title and the purchase price are exchanged, often not without last minute glitches. [Read more...]

by Howard S. Goldman, Esq.

For most of us, our home is the biggest investment we will ever make and the largest asset we will ever own. More important than that, it is the place where your family lives. To help protect your home in the event you are ever sued, the Massachusetts State Legislature recently increased the amount of exemption from $300,000 to $500,000 . Once filed, creditors cannot take your home to satisfy your debts up to $500,000 of equity in your home. [Read more...]

by Howard S. Goldman, Esq.

Despite a strong urge to seek payment for goods and services promptly and professionally delivered, a creditor must proceed with caution at debt collection because of the federal and state regulatory protections afforded debtors*. Collection practices that are deemed unfair and deceptive may result in judicial assessment of punitive damages, attorney’s fees, and recovery for emotional distress. More and more debtors are turning to the courts and to the office of the Attorney General to remedy unfair debt collection practices.
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By: Howard S. Goldman, Esq.

People who have been forced to litigate a dispute in court know the exorbitant expense and delay associated with this judicial procedure. Arbitration, an alternative method of dispute resolution, has become an increasingly attractive option to would-be litigants. In many instances, arbitration is a less expensive and faster means of achieving final disposition of a dispute. Before opting for arbitration, however, one should consider the relevant factors and the methods by which arbitration is implemented.
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By: Howard S. Goldman, Esq.

According to a study conducted by the Governor’s Alternative Dispute Resolution Working Group, 97% of all cases settle without a trial. Nevertheless, experienced litigators know that much effort is required to develop a case to the point where settlement can be reached. This article focuses on the essential considerations in business litigation and some effective tools to encourage speedy resolutions.

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Electronic technology has been growing leaps and bounds, making many areas of our lives much more productive and efficient. Twenty years ago we never could have imagined the widespread use of  emails, IPODS, DVDs, or search engines that are being used today. Our children cannot imagine life without these conveniences. [Read more...]

I. Introduction

A mechanic’s lien is a statutorily created lien against real property, the purpose of which is to secure a person’s right to payment for services rendered and materials supplies in connection with the improvement of real estate.  The creation, perfection and enforcement of mechanic’s liens are governed in Massachusetts by M.G.L. c. 254.  The mechanic’s lien permits contractors, laborers, and suppliers to recover the cost of improvements made to real estate through a foreclosure sale. However, strict compliance with the procedural rules for the creation and on-going enforcement of a mechanic’s lien is mandated by the courts. [Read more...]

Some people think that estate planning is only for wealthy individuals subject to large taxes.  But minimizing estate tax liability is only one reason for estate planning.  Consider these six additional reasons for completing an estate plan: [Read more...]

A number of our clients are businessmen or companies who provide services for another on a structure or building to another, often under a contractor agreement or a subcontractor agreement.  Again and again we are faced with varying cases of nonpayment.  In order to recover payments owed for services provided, we are faced with a number of solutions, some of which prove more fruitful than others.  One such solution is to file a Mechanic’s Lien. [Read more...]

1. In Barrasso v. Hillview West Condominium, 74 Mass. App. Ct. 135 (2009), the Appeals Court held when snow is compacted by a plow it is not a “natural accumulation” within the meaning of relevant case law or under any “reasonable interpretation” of the words, and therefore a Condominium is responsible for the plaintiff’s injuries. [Read more...]

New rules recently published by the U.S. Department of Labor have created new criteria for payment of wages, including overtime pay, to employees based upon the type and quality of work performed.  Employees fall into two categories under the act, exempt employees and non-exempt employees, and there are three basic tests to determine whether an employee is exempt from the over-time requirements of the act.  These tests are the: [Read more...]

As recently reported in Massachusetts Lawyers Weekly, the Massachusetts Superior Court recently held in the case of Malonson v. Arsenault that an apartment guest, who was injured on the premises, could sue the landlord under Chapter 93A, which is the Commonwealth’s Consumer Protection Statute. [Read more...]