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Boston Criminal Lawyer Blog

Boston Criminal Lawyer Blog covers topics such as felonies, violent
crime, assault and battery, drug offenses, as well as wrongful
convictions. Published by Altman & Altman.

http://www.bostoncriminallawyerblog.com/

Feb 09
Massachusetts Student Needs Exper ...

Massachusetts Student Needs Experienced
Lawyer In Assault Of Wall Case

Last week, the Boston Criminal Lawyer Blog discussed cases involving
assaults of various natures. Some involved drugs. Some involved the
ultimate assault... homicide. This week, we begin with assault of a
different kind. Here, no person was assaulted. It was a wall. No, it
was not a drunk driving case, where an inebriated driver believed that
the traffic laws allowed "Straight On Red"...even if straight ahead
was a stone wall. This was just a regular corridor wall. Inside, not
outside. Eric B., 18, of Posted on Tuesday, February 9, 2010 at 7:57 am
Feb 09
Michael Jackson's Doctor Pleads N ...

Michael Jackson's Doctor Pleads Not Guilty to
Involuntary Manslaughter in Singer's Death

Conrad Murray, the personal physician of Michael Jackson, pleaded not
guilty to a single felony charge of involuntary manslaughter in the
death of the famous performer. Bail was set at $75,000-three times
more than the amount faced by most people who are charged with
involuntary manslaughter. Prosecutors had wanted bail set at $300,000.
Michael Jackson's parents, Katherine and Joe, and his brothers Randy,
Tito Jackie, and Jermaine, and his sister La Toya were at Murray's
arraignment. Upon Murray's release Posted on Tuesday, February 9, 2010 at 7:57 am
Feb 06
Attorney Sam's Take: Does Michael ...

Attorney Sam's Take: Does Michael Jackson
Homicide Doc Read The Boston Criminal Lawyer
Blog?

The Boston Criminal Lawyer Blog has regularly suggested how an
experienced defense attorney can help you if there is an outstanding
warrant for your arrest. It may be that Dr. Conrad Murray,(
hereinafter, the "Defendant") the doctor who administered the fatal
dose of Propofol to Michael Jackson and now is to face homicide
charges is a reader! Well, if not, at least he is being similarly
advised. According to law enforcement, his attorneys have been in
contact with the L.A. County District Attorney's Office Posted on Saturday, February 6, 2010 at 10:21 pm

Rank This Ths Week: 201

Boston ERISA & Insurance

Boston ERISA & Insurance Litigation Blog

Covers ERISA, insurance coverage, and insurance bad faith. By Stephen
Rosenberg.

http://www.bostonerisalaw.com/

Feb 08
Ten Ways to Stay Out of Trouble

Ten Ways to Stay Out of Trouble

I talk a lot on these electronic pages about compliance. Its really,
from my perspective as a litigator, an ERISA lawyer's take on the old
sports saw that the best defense is a good offense. I often say that,
in this economy and this investment market, any problems in the
operations of a plan will become grist for a lawsuit, including
seemingly minor things that participants - and class action lawyers -
would have simply ignored in years past while the markets were only
going up, even if they suppressed Posted on Monday, February 8, 2010 at 5:04 pm
Feb 03
Disability Insurers, False Claims ...

Disability Insurers, False Claims and Social
Security Benefits

Here's a story worth reading, about a case worth paying attention to,
namely the pending First Circuit appeal - argued yesterday -
concerning whether a long term disability insurer - namely Unum -
engages in false claims when it instructs beneficiaries to also apply
for Social Security disability benefits. Simply put, group long term
disability plans routinely require participants applying for LTD
benefits to also seek social security benefits, if they qualify, and
the plans are structured so that the LTD Posted on Wednesday, February 3, 2010 at 3:03 pm
Jan 28
On Attorneys Fees and Hecker

On Attorneys Fees and Hecker

Honestly, I have spent a week scratching my head, off and on, over the
Supreme Court granting cert to consider the standards governing when
attorneys fees can be awarded in an ERISA case, particularly when they
denied cert shortly thereafter in Hecker, which presented the
opportunity to address the much more substantive issue of the scope of
fiduciary responsibility for the amount - and corresponding degree of
disclosure - of 401(k) fees. In my mind, there is already a conflict
among the circuits over that Posted on Thursday, January 28, 2010 at 5:37 am

Rank This Ths Week: 250

HealthBlawg :: David Harlow's Health

HealthBlawg :: David Harlow's Health Care Law
Blog

New developments in health care law and policy together with the
observations and analysis of David Harlow, principal of The Harlow
Group LLC, a health care law and consulting firm based near Boston,
Massachusetts.

http://healthblawg.typepad.com/healthblawg/

Feb 09
Medical Apologies: Do right and d ...

Medical Apologies: Do right and do well

An often overlooked tool in health care providers' struggle with the
malpractice crisis is the medical apology. Two thirds of the states
provide some form of protection for the medical apology (i.e., a
simple apology is not admissible in court as an admission of
culpability), and settlements reached post-apology are almost
invariably lower that they would be otherwise. (In the current
environment, articles on medical apologies are popping up everywhere
... even in the NY Times business section.) It is Posted on Tuesday, February 9, 2010 at 2:34 am
Feb 09
Wayne Burton and Cyndy Nayer, fro ...

Wayne Burton and Cyndy Nayer, from the Center
for Health Value Innovation, speak with David
Harlow about value-based health designs for
health improvement and cost savings

I recently spoke with Wayne Burton, MD and Cyndy Nayer. Cyndy is
co-founder and President of the Center for Health Value Innovation;
Wayne is a member of the Board of Strategic Advisors, and former
longtime Corporate Medical Director of JP Morgan Chase. The Center
focuses on sharing evidence of improved health and economic outcomes
through value-based designs. In the current environment, this sort of
private-sector focus on value-based health improvement and cost
savings is critical. Given the recent Posted on Tuesday, February 9, 2010 at 2:34 am
Jan 25
Health reform now or later -- Wha ...

Health reform now or later -- What's a
physician to do?

A few weeks ago, I suggested that -- love it or hate it -- physicians
need to prepare themselves for the likely advent of health reform by
getting a handle on internal costs and processes, and by strategically
organizing into stronger bodies able to negotiate more effectively
with payors across a range of new approaches to payment for health
care services. While the landscape has changed dramatically in the
past week, my advice still holds. Some physicians may believe that
reform in any form similar to the Posted on Monday, January 25, 2010 at 1:21 pm

Rank This Ths Week: 431

Boston Injury Lawyer Blog

Boston Injury Lawyer Blog discusses topics such as boating, car,
motorcyle, and pedestrian accidents. By Boston, MA personal injury
lawyers Altman& Altman.

http://www.bostoninjurylawyerblog.com/

Feb 06
Preventing Boston Motor Vehicle A ...

Preventing Boston Motor Vehicle Accidents:
Massachusetts House Passes Measure Banning
Handheld Cellphones and Texting While Driving

The Massachusetts House passed a measure that would not only bar
drivers in the state from talking on handheld phones, but also would
prohibit them from texting while driving. The bill is the latest
attempt by lawmakers to decrease the number of distracted driving
accidents. A similar measure died in the Massachusetts Senate last
year. If these proposals become law, Massachusetts would be the 20th
state, in addition to Washington DC, to ban texting while driving and
the 7th state to ban handheld phones. Posted on Saturday, February 6, 2010 at 10:24 pm
Feb 04
Preventing Boston Nursing Home Ab ...

Preventing Boston Nursing Home Abuse: Many
Assisted Living Facilities Still Use
Antipsychotics to Control Behavioral
Problems, Say New Studies

According to two new studies, many nursing home patient in the US are
still being given antipsychotic drugs to regulate their problem
behavior. These findings come even after the US government has
attempted to curb this practice and the Food and Drug Administration
issued in 2005 its "black box" warning notifying patients that may
increase their risk of death when they take these powerful
medications. Although one study reports that since the warning went
out there has been a 19% drop in the use of atypical Posted on Thursday, February 4, 2010 at 11:01 am
Feb 01
US Department of Transportation B ...

US Department of Transportation Bans
Commercial Bus Drivers and Truck Drivers from
Texting while Driving

The federal government has issued a nationwide ban that bars
commercial truckers and bus drivers from text messaging while
operating their vehicles. This ban goes into effect right away and any
bus operators or truck drivers who are caught texting while driving
are subject to a maximum $2,750 maximum penalty. This prohibition is
part of the Obama Administration's efforts to curb distracted driving.
Talking on a cell phone and texting while driving have proven
particularly dangerous, and people have died in Posted on Monday, February 1, 2010 at 12:13 pm

Rank This Ths Week: 456

Massachusetts Criminal Defense

Massachusetts Criminal Defense Attorney Blog

Covers drug crimes, DUI, sex crimes, theft and violent crimes. By
Stephen Neyman, P.C.

http://www.massachusettscriminaldefenseattorneyblog.com/

Feb 05
Woman Living In Framingham Charge ...

Woman Living In Framingham Charged With
Prostitution After Cop Responds To
Advertisement For Massage Services

On Saturday Min Deng was arrested and charged with Prostitution after
Framingham, Massachusetts police responded to an advertisement on
"craigslist" for "adult services". A Framingham police sergeant who
was searching the website found a listing for the services. He
responded and met with Deng at her apartment. Deng offered Sex for a
Fee after which she was arrested. Deng's arraignment is set for
February 17, 2010 in the Framingham District Court. Read Article:
Prostitution Charges For Woman Offering Posted on Friday, February 5, 2010 at 12:57 am
Feb 05
Lynn Man Charged With Trafficking ...

Lynn Man Charged With Trafficking Cocaine,
Receiving Stolen Motor Vehicle Held On Bail

Jamald Harrold is facing charges in the Essex County Superior Court in
Salem, Massachusetts for Assault With a Dangerous Weapon, Trafficking
Cocaine, Receiving a Stolen Motor Vehicle and a School Zone Violation.
The case stems from a December 22, 2009 incident where Harrold got
into a confrontation with his former girlfriend's brother. It is
alleged that Harrold pulled a knife on the man who in turn armed
himself with a baseball bat. Police were called. When they arrived
they observed the defendant in a Posted on Friday, February 5, 2010 at 12:57 am
Feb 02
DNA Evidence Leads Police To Susp ...

DNA Evidence Leads Police To Suspect In
Unsolved Breaking And Entering Cases

About a year and a half ago police in Pepperel were called for a
report of a Motor Vehicle Break-In. The 911 caller gave police a
descrption of the subject who fled prior to the police arrival. While
investigating the report the police noticed a cigarette butt in the
driveway. They kept it as evidence and had it tested for DNA. Around
this time there were about a dozen or so reported car breaking in this
area. A credit card was stolen from one of the cars. It was determined
that Derek Delosh used the credit Posted on Tuesday, February 2, 2010 at 5:11 am

Rank This Ths Week: 496

The Unruly of Law

Reports on media law cases, developments in new media and traditional
journalism. By Sheldon Toplitt.

http://theunrulyoflaw.blogspot.com/

Feb 05
Dismissal of 'Invisible Eden' Lib ...

Dismissal of 'Invisible Eden' Libel Suit No
'Flook'

Cover via Amazon Barnstable (Mass.) County Superior Court Judge Robert
Rufo has tossed the 2006 libel case filed by the former boyfriend of
murdered fashion writer Christa Worthington against the publisher and
author of a book that he claimed suggested he was her killer. In Tim
Arnold v. Maria Flook & Random House Inc. (Case No. 06356), the
plaintiff, who found Worthington's body, claimed the book, "Invisible
Eden," invited readers to conclude he murdered Worthington. According
to the complaint, the Posted on Friday, February 5, 2010 at 5:44 pm
Feb 05
UPDATE: Texas AG Says Towns Lack ...

UPDATE: Texas AG Says Towns Lack 1st A Right
to Contest Open Meetings Act

Image via Wikipedia Texas Attorney General Greg Abbott has filed a
10-page motion in federal court in Pecos seeking to have four
municipalities dropped as parties to a case challenging the
constitutionality of the Texas Open Meetings Act ("TOMA")[Tex. Govt.
Code Sec. 551.001(3)], See "TUOL" post 12/15/09 for details concerning
the case. Alpine, Rockport, Wichita Falls and Pflugerville, along with
15 town officials, alleged in their complaint that TOMA violated their
First Amendment free speech rights by Posted on Friday, February 5, 2010 at 5:44 pm
Feb 05
10th Circuit 'Firmly' Supports Gr ...

10th Circuit 'Firmly' Supports Grisham in
Libel Case

Cover via Amazon The U.S. Circuit Court of Appeals for the Tenth
Circuit has upheld a trial court's dismissal of a defamation suit
against best-selling legal thriller author John Grisham arising from
his novel, The Innocent Man. In Peterson v. Grisham (Case No.
08-7100), the appellate court sided with the U.S. District Court for
the District of Oklahoma judge who tossed the case against the
55-year-old Grisham in September 2008. In the appellate ruling, Judge
Carlos F. Lucero said the plaintiffs' false Posted on Friday, February 5, 2010 at 5:44 pm

Rank This Ths Week: 559

Boston Accident Injury Lawyer Blog

Covers accidents, commercial litigation and insurance bad faith. By
Keith L. Miller.

http://www.bostonaccidentinjurylawyer.com/

Feb 05
Norton, Massachusetts Accident En ...

Norton, Massachusetts Accident Ends in
Fatality

February 2, 2010 - Elizabeth Vargas, 37, from Attleboro,
Massachusetts, has died as a result of serious personal injuries she
sustained when her car collided with a utility pole in Norton. The
accident occurred at around 7 a.m. on Sunday morning while Vargas was
traveling on West Main Street. Apparently, Vargas was returning home
from an overnight shift at her employer in Carver. Vargas was
transported by ambulance to Sturdy Memorial Hospital in Attleboro,
where she was pronounced dead. Vargas' vehicle was Posted on Friday, February 5, 2010 at 5:43 am
Feb 05
Winchester, Massachusetts Collisi ...

Winchester, Massachusetts Collision Kills
Teen

February 2, 2010 - Makenzie Goode, 17, from Warwick, Massachusetts was
killed as a result of serious personal injuries sustained during a
single car accident during a snowstorm in Winchester on Friday.
Goode's vehicle hit a fire hydrant after she lost control of her 2000
Pontiac Grand Am. The accident occurred on Route 78 at around 7:30
a.m. According to the Winchester Police Department, Goode was
traveling north on Route 78 when her car drifted into the southbound
lanes. When she tried to regain control, Posted on Friday, February 5, 2010 at 5:43 am
Feb 05
Martha's Vineyard Fatal Car Accid ...

Martha's Vineyard Fatal Car Accident Kills
Woman

February 4, 2010 - Rachel Dow, 37, from Edgartown, Massachusetts, has
died as a result of serious personal injuries sustained when her 1988
Acura Legend slammed into a tree and then caught on fire. The accident
occurred along Eastville Avenue, near the Martha's Vineyard Hospital,
in Oak Bluffs at around 5:45 p.m. on Monday. According to the
Massachusetts State Police, Dow was exiting the parking lot of the
hospital when she apparently suffered a medical emergency causing her
foot to continue depressing the Posted on Friday, February 5, 2010 at 5:43 am

Rank This Ths Week: 575

MassLawBlog.Com

Covers IP, business litigation, Internet Law, antitrust and practice
in the Massachusetts state and federal courts. By Lee Gesmer.

http://www.masslawblog.com

Feb 03
Defendant Choses a New Trial in M ...

Defendant Choses a New Trial in Minnesota
File Sharing Case

When I wrote about the trial judge's remittitur order in the Jamie
Thomas case last week, I didn't mention that a legal aspect of
remittitur is that the defendant may accept it, or reject it and
demand a new trial. I now understand that the defendant in this case
has not accepted the judge's remittitur, and has informed the court
that she elects instead to proceed with a new trial. This would be the
third trial in this case, since the first was set aside by the judge
following verdict. Obviously, this Posted on Wednesday, February 3, 2010 at 7:34 pm
Feb 03
Judge Young, Bulger/Flemmi and "T ...

Judge Young, Bulger/Flemmi and "The
Government - Our Government"

U.S. Federal District Court Judge William Young has issued a lengthy
decision, awarding $2.7 million in damages to the estates of three
people murdered by James J. Bulger, Stephen J. Flemmi, and their
associates. Judge Young describes the story as "harrowing," which may
be an understatement. The key defendant in this case is the U.S.
Government, which will foot the bill if the decision survives appeal.
Here are some quotes, pulled from the opinion, which is linked in all
of its gory detail at the bottom of Posted on Wednesday, February 3, 2010 at 7:34 pm
Jan 28
Judge Young Issues Mea Culpa on E ...

Judge Young Issues Mea Culpa on Expert
Witness Testimony in Patent Case, Orders a
Do-Over

Massachusetts U.S. District Court William Young has been teaching
evidence law for as long as I can recall, even as far back as his
pre-federal court days, when he was on the Superior Court bench (Judge
Young was appointed to the federal bench in 1985, and had been a
Massachusetts Superior Court Judge from 1978 to 1985). So it comes as
a surprise to many when Judge Young admits he made an evidence-related
error during a recent patent trial, and that as a result he will order
a new trial. The case is Posted on Thursday, January 28, 2010 at 1:55 pm

Rank This Ths Week: 861

Immigration Blog

Covers US immigration laws and policies. By Maged & Rost.

http://blog.immigrantconnect.com

Feb 07
VISA BULLETIN FOR MARCH 2010

VISA BULLETIN FOR MARCH 2010

The March 2010 Visa Bulletin is now available. Posted on Sunday, February 7, 2010 at 2:23 pm
Feb 02
ICERT PORTAL IS DOWN (2/1/2010)

ICERT PORTAL IS DOWN (2/1/2010)

For the past few hours the iCERT Portal has not been functioning.
Until it is again operational, employers or their attorneys will be
unable to file LCAs for H-1B petitions or prevailing wage requests. Posted on Tuesday, February 2, 2010 at 5:01 am
Jan 26
USCIS ANSWERS I-140 IMMIGRANT PET ...

USCIS ANSWERS I-140 IMMIGRANT PETITION FOR
ALIEN WORKER QUESTIONS

The USCIS has released Questions and Answers related to the filing of
Form I-140 - Immigrant Petition for Alien Worker. Posted on Tuesday, January 26, 2010 at 8:31 pm

Rank This Ths Week: 869

Boston Car Accident Lawyer Blog

Reports on Massachusetts car accidents. By Altman & Altman LLP.

http://www.bostoncaraccidentlawyerblog.com/

Feb 07
Massachusetts Teen Hit by Cement ...

Massachusetts Teen Hit by Cement Truck

Police are investigating a truck accident in Danvers that seriously
injured a 17-year-old boy. The accident occurred yesterday just before
7:30am when the teen crossed the street and was hit by a cement truck,
according to police. He suffered a broken pelvis, contusion, and a
gash on his head. The truck accident victim was taken by ambulance and
then MedFlight helicopter to Massachusetts General Hospital. As of
yesterday afternoon, he was in the intensive care unit and would
undergo surgery to repair the Posted on Sunday, February 7, 2010 at 8:16 am
Feb 04
Study Contradicts Previous Resear ...

Study Contradicts Previous Research on Car
Crashes and Texting

The last several weeks have seen a flurry of media coverage about the
impact of cell phone usage on drivers. The most recent coverage
suggests that cell phone bans will not decrease the number of car
crashes. The Highway Loss Data Institute (HLDI) study was released at
a conference last Friday. The HLDI, which is sponsored by the
insurance industry, compared roadway accident data from states that
have banned driving while texting to states that do not regulate
texting. The organization also examined data on Posted on Thursday, February 4, 2010 at 9:09 pm
Feb 04
House Considering Bill That Would ...

House Considering Bill That Would Restrict
Cell Phone Use on the Road

Here in Massachusetts, the debate over drivers and cell phones
continues. Earlier today, the House debated a bill that would ban text
messaging while driving. It would also ban junior drivers from using
cell phones at all and require drivers over the age of 75 to renew
their license in person every five years. Currently, they must renew
their license every ten years. These new rules were prompted by
several high-profile car crashes last year involving older drivers.
During the early part of the bill, Posted on Thursday, February 4, 2010 at 9:09 pm

Rank This Ths Week: 882

Boston Criminal Defense Lawyer Blog

Covers battery, drug crimes, firearm offenses and DWI. By Kathleen M.
McCarthy.

http://www.bostoncriminaldefenselawyerblog.com/

Feb 02
Essex County Superior Court Judge ...

Essex County Superior Court Judge Holds
Marblehead Teenager Without Bail Following
"Dangerousness Hearing"

A Salem Massachusetts teenager is being held in the Essex County jail
where he will remain for up to ninety days without the possibility of
being released on bail, following a "dangerousness hearing" in the
Salem Superior Court. According to The Salem News, eighteen year old
Michael Ehlert was held following testimony from a seventeen year old
special needs student who described what the judge called a "fairly
vicious beating." According to the paper, Judge John Lu stated that he
believed that it is Posted on Tuesday, February 2, 2010 at 11:33 am
Jan 21
Lawrence Massachusetts Man Faces ...

Lawrence Massachusetts Man Faces Mandatory
Jail Sentences Stemming From Drug And Gun
Charges In Haverhill District Court

The Lawrence Eagle Tribune reports that a Lawrence Massachusetts man
faces a minimum mandatory sentence of 10 years in state prison if
convicted of charges stemming from a drug bust. Marcelo Perez, 48, of
210 Lawrence St., was charged with drug crimes including two counts of
trafficking cocaine, two counts of unlawful possession of a handgun,
two counts of unlawful possession of ammunition and possession of a
dangerous weapon. Three local authorities worked together focusing on
suspected drug activity in Posted on Thursday, January 21, 2010 at 3:01 am
Jan 09
District Court Judge Sentences Em ...

District Court Judge Sentences Embattled
Senator Galluccio To One Year Following
Probation Surrender Hearing

A District Court Judge refused to accept state Senator Anthony
Galluccio's claim that he did not have any alcohol during his home
confinement. The Boston Herald reports that after pleading guilty last
month to leaving the scene of an accident causing personal injury, the
embattled senator was sentenced to six months of home confinement. The
Judge imposed strict conditions of probation including that the
thirsty senator not ingest alcohol during his stay at home. He was
allowed to leave his house to go to Posted on Saturday, January 9, 2010 at 6:43 am

Rank This Ths Week: 924

Massachusetts Personal Injury Blog

Covers Massachusetts motor vehicle accidents, bicycle accidents,
pedestrian accidents, slips and falls, dog bites and other accidents.
By Christopher F. Earley.

http://christopherfearley.typepad.com/massachusetts_personal_in/

Feb 09
Ways the Attorney/Client Relation ...

Ways the Attorney/Client Relationship Can
Breakdown

Here are some, but not all of the factors that can cause a
deterioration in the quality of an attorney/client relationship: 1)
Poor communication on the part of the attorney; 2) Poor communication
on the part of the client; 3) Poor communication/chemistry between
attorney and client; 4) Client has unreasonable case expectations,
goals or objectives at the start of the case; 5) Attorney does not
properly inform/educate client of the strengths, and weaknesses of the
case; 6) Case is weak and client wants day Posted on Tuesday, February 9, 2010 at 1:44 am
Feb 09
Some of the Factors That Determin ...

Some of the Factors That Determine if a
Settlement Number is Fair

1) It compensates for the medical treatment the injury victim had to
endure; 2) It covers the medical bills and liens that must be paid out
of the settlement; 3) It adequately compensates injury victim for lost
wages, and if applicable, future lost wages or impairment of earning
capacity; 4) It fairly compensates for the physical pain and suffering
the injuries have caused, and will cause in the future: 5) The
settlement number puts the injury victim in the position they were in
prior to the accident (also Posted on Tuesday, February 9, 2010 at 1:44 am
Jan 04
Car Accidents and Traumatic Brain ...

Car Accidents and Traumatic Brain Injuries
(TBI)

Chelsea Travers, of CareMeridian was kind enough to write for me a
guest post about CareMeridian, a TBI (Traumatic Brain Injury)
facility, that has locations throughout the western United States.
Here it is: Car Accidents - Leading Cause of Brain Injury "While there
are various types of brain injuries, traumatic brain injuries (TBI)
refer to those caused by a sudden physical force to the head. In the
United States there are over one million TBI injuries suffered each
year. A significant number of them turn Posted on Monday, January 4, 2010 at 9:03 pm

Rank This Ths Week: 968

Boston Criminal Attorney Blog

Covers criminal law topics such as DWI/OUI offenses, other traffic
related offenses, and murder. By Boston, Massachusetts criminal
defense lawyer, William D. Kickham.

http://www.bostoncriminalattorneyblog.com/

Feb 07
Did Boston Police Brutality Motiv ...

Did Boston Police Brutality Motivate Video
Arrest?

A funny thing happened on the way to the Common in 2007. It seems that
one Simon Glick, 33, was walking along Tremont Street next to the
Boston Common on October 1 2007, when he observed three (yes, three)
uniformed Boston police officers arresting another man, and using
considerable force. Glick, a law student at the time and now (perhaps
no surprise,) a criminal defense attorney, heard another man shouting
"You are hurting him, stop!" at the officers. Thinking that he was
witnessing three police officers Posted on Sunday, February 7, 2010 at 1:10 pm
Feb 02
Nancy Grace Sued For Wrongful Dea ...

Nancy Grace Sued For Wrongful Death - But Is
She The Real Victim Here?

Here's an interesting case - controversy, actually - that involves a
hybrid of criminal law and tort law - specifically, the tort of
wrongful death. Famous television legal journalist Nancy Grace is
known far and wide for her aggressive, take-no-prisoners on-air
persona. Her interview style is very probative, and she doesn't let
evasive interview subjects off the hook easily. Ms. Grace is a former
prosecutor, and it forms her approach to the subjects she covers on
her HLN cable network show, "Nancy Grace" - Posted on Tuesday, February 2, 2010 at 3:24 am
Jan 20
Massachusetts Rape Conviction Bas ...

Massachusetts Rape Conviction Based on
Repressed Memory Testimony Upheld by Supreme
Judicial Court

The criminal defense bar in Massachusetts has for over a year paid
close attention to defrocked Catholic priest Paul Shanley's appeal to
the Massachusetts Supreme Judicial Court (SJC), of his 2005 rape
conviction. The SJC's decision is now in, and it isn't good for
Shanley, or for many Massachusetts rape defense lawyers. Shanley, one
of the more well-known of several catholic priests that surfaced as
part of the catholic clergy sex abuse scandal that erupted in 2002 in
Boston, was convicted in February of Posted on Wednesday, January 20, 2010 at 9:04 pm

Rank This Ths Week: 1,074

Massachusetts Elder Law Blog

Thoughts about law, aging, estate planning and special needs issues
and related public policy concerns. By Sasha Golden.

http://massachusettselderlaw.blogspot.com/

Aug 26
Teddy

Teddy

Every senior, every parent of a child with a disability, every
advocate for seniors and every elder law attorney should stop today
and say a prayer of gratitude for the life and advocacy of the man
I've been proud to call my senator. He was the author of over 300
bills and the critical sponsor of countless others, whose topics
included but are not limited to: Medicare S-Chip -- expanding health
insurance coverage for children of the working poor Medicaid Meals on
Wheels The Ryan White AIDS Act The Americans Posted on Wednesday, August 26, 2009 at 3:01 am
Aug 19
Does your assisted living facilit ...

Does your assisted living facility have an
evacuation plan?

Now here's good thinking -- the head of a retirement community where I
practice has started up a mutual assistance program for assisted
living facilities and nursing homes. 170 Massachusetts facilities have
signed on to help each other take in residents and share resources in
the event of fire, prolonged energy outage, flood, etc., etc. This
idea can keep a lot of frail elders out of emergency rooms and Red
Cross shelters during crises. So, when you are looking for a facility
for yourself or a loved one, Posted on Wednesday, August 19, 2009 at 2:16 pm
Aug 18
On Social Security? No raise for you!

On Social Security? No raise for you!

Ouch.... For the first time in over 30 years, Social Security will NOT
be giving retirees a cost-of-living increase (COLA) for 2010. Most
beneficiaries will not see a change in their Medicare Part B premiums;
however, for about one-quarter of all beneficiaries, Medicare Part B
premiums -- normally automatically deducted from your Social Security
check -- will increase from the present $96.40 per month to an
estimated $119 per month. It is also highly likely that Medicare D
premiums for prescription drug Posted on Tuesday, August 18, 2009 at 3:14 am

Rank This Ths Week: 1,155

Massachusetts DUI Attorney Blog

Provides analysis of DUI laws and cases. By Michael DelSignore.

http://www.massachusettsduiattorneyblog.com/

Feb 07
Preliminary breathalyzer test (PB ...

Preliminary breathalyzer test (PBT) results
inadmissible in Massachusetts OUI cases

Preliminary breathalyzer test result, PBT, are inadmissible to prove a
DUI offense in Massachusetts. Accordingly, if you failed a portable
breathalyzer test the Commonwealth cannot offer that evidence to the
jury. A case from Wisconsin raised an interesting issue of whether a
defendant can offer preliminary breathalyzer test results to show that
the defendant's blood alcohol level was lower at the time of driving.
The DUI lawyer in this case retained an expert who used the results of
the preliminary Posted on Sunday, February 7, 2010 at 10:34 pm
Feb 07
Increased enforcement of Massachu ...

Increased enforcement of Massachusetts DUI
laws during Super Bowl Sunday

Massachusetts DUI enforcement will increase following the final NFL
game on Super Bowl Sunday and during the weekend of the Super Bowl.
Police department across the nation are increasing enforcement of DUI
laws. One method of enforcing DUI laws is through roadblocks. When the
police conduct a roadblock or sobriety checkpoint, generally every car
is stopped. A police officer meets each driver and attempts to
determine if the driver is impaired or needs further screening in the
screening area where field Posted on Sunday, February 7, 2010 at 10:34 pm
Feb 05
Attleboro, Massachusetts DUI char ...

Attleboro, Massachusetts DUI charge alleges
defendant passed cruiser at 115 mph

A 39-year-old Attleboro man faces Massachusetts drunk driving charges
after state police say he passed a marked police cruiser at over 100
mph on Interstate 95, the Sun Chronicle reported. He pleaded not
guilty to the charges in Attleboro District Court and was released
without bail. An experienced Attleboro OUI lawyer should represent
anyone facing drunk driving charges in Attleboro District Court.
Police reported the defendant passed the cruiser at high speed in the
pre-dawn hours Sunday morning on I-95 Posted on Friday, February 5, 2010 at 12:03 pm

Rank This Ths Week: 1,166

Massachusetts DUI Lawyer Blog

Covers OUI and DUI news and updates for the state of Massachusetts.
Published by Stephen Neyman, P.C.

http://www.massachusettsduilawyerblog.com/

Feb 05
Higher of Two BAC Test Readings N ...

Higher of Two BAC Test Readings Not
Admissible, Massachusetts High Court Rules

Last fall, the Massachusetts Supreme Judicial Court made a ruling with
important implications for Massachusetts drunk driving criminal
defense attorneys and their clients. In the case of Commonwealth v.
Dennis P. Steele, the court was asked to decide whether prosecutors
may introduce both blood-alcohol content test readings at OUI trials,
or only the lower of the two readings. This was a challenge to the
existing rules, which explicitly say that prosecutors and police may
use only the lower of the two Posted on Friday, February 5, 2010 at 10:58 am
Jan 27
Walpole Man Arrested for OUI Drug ...

Walpole Man Arrested for OUI Drugs After
Hitting Mother and Son Crossing Street

Police say a 52-year-old man caused an injury accident Jan. 16 by
driving under the influence of powerful painkillers. Joseph Kaizer is
accused of hitting a mother and her 14-year-old son, who were crossing
the street after leaving a relative's funeral mass. The young man was
treated for two broken wrist bones and a knee injury and released, but
his mother was hospitalized overnight with unspecified injuries.
Kaizer, who had his 11-year-old daughter in the vehicle, admitted to
crushing and injecting Posted on Wednesday, January 27, 2010 at 5:40 am
Jan 21
RMV Official Says Ignition Interl ...

RMV Official Says Ignition Interlock Devices
Have Stopped OUIs in Massachusetts

Since 2006, Massachusetts law has required an ignition interlock
device for anyone convicted of a second or subsequent drunk driving
offense. This provision, which is part of Melanie's Law, was intended
to keep repeat drunk drivers off the road. Massachusetts drunk driving
criminal defense attorneys like me always had doubts about the
program's effectiveness -- but popular support for anti-DUI measures
helped sweep it into law anyway. Now, the Boston Globe reported Jan.
8, the Massachusetts registrar of Posted on Thursday, January 21, 2010 at 7:23 pm

Rank This Ths Week: 1,173

Bankruptcy Topics

Covers consumer bankruptcy laws in Massachusetts and New Hampshire. By
Doug Beaton.

http://www.douglasbeaton.com

Feb 04
Liens and the Massachusetts homes ...

Liens and the Massachusetts homestead
exemption

Massachsetts homeowners are lucky enough to be protected by the
Commonwealth's generous homestead law, which typically will allow them
to retain up to $500,000 in home equity even if their finances
deteriorate to the point they have to file a Chapter 7 or Chapter 13
bankruptcy case. A question that frequently comes up in the bankruptcy
context, however, is what happens if creditors have already gone to
court and obtained a lien on the home thorugh court-ordered judgments,
attachments, or "executions." These Posted on Thursday, February 4, 2010 at 4:11 pm
Feb 04
Home price insurance program

Home price insurance program

Would you be intersted in an insurance plan that would cover you if
the price of your house went down? Northeastern University dean Barry
Bluestone has come out in favor of an interesting type of proposed
stimulus program to jumpstart the real estate market: he wants the
federal government to sell insurance to home buyers that would protect
them from any further drops in the market. The result, he hopes, would
be renewed confidence in real estate, helping to stableize prices as
we wait for a recovery. Posted on Thursday, February 4, 2010 at 4:11 pm
Feb 01
Credit card firm's suit bounced f ...

Credit card firm's suit bounced from New
Hampshire bankruptcy court

When a consumer gets sued by a credit card company, the result is a
forgone conclusion, right? Not so fast. The pleadings filed by big
fiance companies may fall short of what is required to bring a
successful suit. The pleadings are often concocted by low level
functionary's in far flung locations, and may actually be so deficient
that the bank or card company cannot prevail in court. That is exactly
what happened in a recent New Hampshire bankruptcy court case. FIA
Card Services sued the debtors, who had Posted on Monday, February 1, 2010 at 7:04 pm

Rank This Ths Week: 1,200

Boston Personal Injury Lawyer Blog

Covers Massachusetts products liability, medical malpractice and dram
shop liability news. By Alan H. Crede.

http://www.bostonpersonalinjurylawyerblog.com/

Feb 04
First Denture Cream Wrongful Deat ...

First Denture Cream Wrongful Death Lawsuit
Filed

A wrongful death lawsuit has been filed in Florida, alleging that a
sixty-four year old man died from zinc poisoning resulting from his
use, over fourteen years, of the denture cream Poligrip. This is
widely believed to be the first such wrongful death lawsuit filed in
the United States, although scientific research about the hazards of
denture cream has been accumulating for several years and other
lawsuits have been filed that have alleged non-fatal instances of zinc
poisoning from denture creams. In Posted on Thursday, February 4, 2010 at 6:30 pm
Feb 04
Massachusetts Supreme Judicial Co ...

Massachusetts Supreme Judicial Court Poised
To Change Rule In Slip-And-Fall Cases: Part I

The Massachusetts Supreme Judicial Court is poised to reconsider a
longstanding rule in premises liability cases - the so-called "natural
accumulation rule" - leading some defense lawyers to fear that the
SJC's decision could pave the way for a tidal wave of new premises
liability lawsuits. Under the "natural accumulation rule," which has
been a part of Massachusetts law for more than a century, property
owners are not liable if someone slips on a "natural accumulation" of
snow or ice that is on their Posted on Thursday, February 4, 2010 at 6:30 pm
Feb 04
Toyota Acceleration Problem Poses ...

Toyota Acceleration Problem Poses Dangers For
Massachusetts Drivers

Earlier this week, a third wrongful death lawsuit was filed against
Toyota relating to acceleration problems that have caused Toyota
vehicles to accelerate suddenly and uncontrollably. This third lawsuit
was filed by lawyers for Trina Renee Harris, a 34-year old mother of
two, who was killed when her 2009 Toyota Corolla slammed into a cement
divider on a toll road. There were no skid marks or other evidence of
an attempt to brake. Harris' apparent inability to stop the car is
consistent with reports of Posted on Thursday, February 4, 2010 at 6:30 pm

Rank This Ths Week: 1,221

Real Estate Space

Covers real estate law and the real estate business. By Doug
Cornelius.

http://realestatespace.blogspot.com/

Feb 23
Lights Out

Lights Out

Thanks for reading and stopping by. With the launch of my new
Compliance Building blog, I have stopped blogging here. Image by
Hashc0de under Creative Commons. Posted on Monday, February 23, 2009 at 1:00 am
Feb 14
Compliance Building

Compliance Building

With my move from Goodwin Procter to be Chief Compliance Officer at a
real estate company, I have been using a blog to keep my notes. I have
just open up this blog to the public. You can see what I have been up
to at Compliance Building. Disclaimers Posted on Saturday, February 14, 2009 at 1:57 am
Feb 05
Clash of the Utopias - The Story ...

Clash of the Utopias - The Story of
Stuyvesant Town

New York magazine has a lengthy story on the largest real estate deal
deal in US history: The $5.4 Billion sale of MetLife's interest in the
Stuyvesant Town and Peter Cooper Village residential complex. The
complex is enormous: 80 acres of land on Manhattan's East Side, 25,000
residents, 110 buildings, over 11,000 units, 2,260 enclosed parking
spaces, and 110,000 square feet of retail space. The complex stretches
from 14th Street to 23rd Street. The article, Clash of the Utopias by
Gabriel Sherman, starts Posted on Thursday, February 5, 2009 at 11:38 pm

Rank This Ths Week: 1,242

Saunders & Silverstein Blog

Comments on copyright, trademark, Internet and media law. By Saunders
& Silverstein.

http://massiplaw.com/massiplaw

May 30
Use of Color in Branding

Use of Color in Branding

This link has been on my "to blog" list for far too long. Steven Snell
over at Smashing Magazine published this great article about the use
of colors in corporate branding and design back in January. The piece
is geared toward designers, but is also interesting from a trademark
perspective. The four points at the end of the article are powerful
points to keep in mind when thinking about trademark protection and
good will. Posted on Saturday, May 30, 2009 at 6:08 am
May 29
Hot Logo Action

Hot Logo Action

A great collection of airline logos. And now I'm regretting that I did
not attend the INTA annual meeting finale at the Musuem of Flight. (HT
@vidiot_) Posted on Friday, May 29, 2009 at 9:06 am
Apr 25
Hasbro's Hollywood Master Plan

Hasbro's Hollywood Master Plan

Hasbro is agressively licensing it's famous game brands for film
adaptations. William Morris Agency brokered a six-year deal between
Hasbro and Universal. Hasbro properties currently in development at
Universal include: Battleship; Ouija; Stretch Armstrong; Candy Land;
Monopoly; and Clue. "I think what were seeing in the world at large is
the power of brands distinguishing themselves," said Universal
Pictures Chairman Marc Shmuger, who was previously the studio's
marketing capo. "As we're gripped with fear Posted on Saturday, April 25, 2009 at 10:30 am

Rank This Ths Week: 1,326

Massachusetts Wills, Trusts, and

Massachusetts Wills, Trusts, and Estates

Informational advice and musings on Massachusetts wills, trusts and
estates. By Danielle G. Van Ess.

http://dgvelaw.blogspot.com/

Feb 08
"You've gotta ask yourself a ques ...

"You've gotta ask yourself a question: 'Do I
feel lucky?'"

No doubt about it, it's been another rough year for most of us
financially. And as we gather our tax forms and anxiously look forward
to refunds, we are understanding the appeal of the present value of
money. It feels better to have the money now, in our accounts, than to
think of it stashed away somewhere else for some other amorphous time.
I get it; believe me, I really, really get it. But here's the thing:
we know better! Right? I mean, we know we should be passing by
Starbucks, but we succumb to its Posted on Monday, February 8, 2010 at 1:02 am
Jan 30
Twitterview: The Attorney-Mama Be ...

Twitterview: The Attorney-Mama Behind the
Tweets

In case you missed it, here now for your reading pleasure is the
complete text of my Twitterview with Lance Godard for 22 Tweets
(@22Twts) Real-time Twitter interviews with practicing lawyers who
tweet: http://22tweets.com/index.php/2010/01/26/dgvelaw/ Today we're
tweeting with @dgvelaw, a Massachusetts lawyer who helps people add
to, protect, and move their families 1. @dgvelaw thank you for joining
us today on Twitter. Tell us: who is @dgvelaw?  Thanks for having me
- very excited about this! Deadhead Posted on Saturday, January 30, 2010 at 8:24 pm
Jan 27
What Happens When Your Parent Nee ...

What Happens When Your Parent Needs Long Term
Care?

The following is a guest post by Mark Baron, a certified Long Term
Care Specialist with The Bulfinch Group in Needham, MA. Mark was kind
enough to address a pressing issue for many of my clients and their
families... Long Term Care (LTC) is a family issue, not an individual
one. A thirty year-old may not be thinking about this, but if
something happens to a parent, it could blindside them. When a family
member needs long term care, their life isn't ending, but the
immediate family's is. Everything stops, Posted on Wednesday, January 27, 2010 at 4:28 pm

Rank This Ths Week: 1,396

The Massachusetts Real Estate Law

The Massachusetts Real Estate Law Blog

Features news, commentary and musing about Massachusetts real estate
law and litigation. By Richard D. Vetstein.

http://www.massrealestatelawblog.com

Feb 02
The New Good Faith Estimate (GFE) ...

The New Good Faith Estimate (GFE): Some
Glaring Omissions

Lenders have been using the new Good Faith Estimate for a little over
one month now. Gauging from the vociferous complaining in the lender
blogosphere, it is an understatement to say that many lenders believe
HUD really blew it with this new form. One would think that the new 3
page GFE would provide everything a borrower needs to know about what
she'll pay at closing, yet the new GFE inexplicably fails to provide
at least 5 critical pieces of information for home buyers: the total
monthly mortgage payment Posted on Tuesday, February 2, 2010 at 10:38 pm
Jan 30
The USDA Loan: Not Just for Farme ...

The USDA Loan: Not Just for Farmers Anymore

I'm pleased to welcome back guest blogger, David M. Gaffin, a licensed
Loan Officer with Greenpark Mortgage Corp. of Needham MA. You can
visit him at Greenpark Mortgage or through his LinkedIn profile. Dave
is here to talk about USDA loans which are, surprisingly, available in
such *rural* areas of Massachusetts such as Hopkinton, Sudbury,
Ashland, South Shore, Cape Cod and many other communities. Due to the
mortgage meltdown that has plagued our county for the past couple of
years, lending guidelines have Posted on Saturday, January 30, 2010 at 8:15 pm
Jan 27
FHA Tightens Mortgage Requirement ...

FHA Tightens Mortgage Requirements: Lending
Costs To Rise

I'm happy to welcome guest blogger, Patrick Maddigan, Esq.,the
Director of Operations and Business Development at our new entity,
TitleHub Closing Services. Pat is writing today on the new FHA lending
changes. On January 20th, the Federal Housing Administration (FHA)
announced it would tighten certain lending requirements and guidelines
with the purpose of reducing risk and improving its weakening
financial health. The changes include: Borrowers must pay an increased
upfront mortgage insurance premium (MIP) Posted on Wednesday, January 27, 2010 at 4:22 pm

Rank This Ths Week: 1,512

Massachusetts Law Updates

From the Massachusetts Trial Court Law Libraries

http://www.lawlib.state.ma.us/whatsnew.html

Feb 05
Low-Speed Vehicles

Low-Speed Vehicles

Since last July, Massachusetts has had a law (MGL c.90, s.1F-1I, added
by St.2008, c.523) which allows operation of low-speed vehicles (those
that do not travel more than 25 mph) on certain roads, and also
requires registration of those vehicles. Yet, according to Sunday's
Boston Globe, only 10 such vehicles have been registered in the state
so far. More information on Low-Speed Vehicles is available from the
Registry of Motor Vehicles. Posted on Friday, February 5, 2010 at 4:48 pm
Feb 03
Older Oil Burners Must be Upgrade ...

Older Oil Burners Must be Upgraded to Prevent
Leaks

A law enacted over a year ago (St. 2008, c.453) requires homeowners
with oil burners installed before 1990 to make a small change to their
systems by July 1, 2010 to prevent leaks. According to the Mass. DEP,
under the Homeowner Oil Heating System Upgrade and Insurance Law,
"Owners of 1- to 4-unit residences that are heated with oil must
already have or install an oil safety valve or an oil supply line with
a protective sleeve... Installation of these devices must be performed
by a licensed oil burner Posted on Wednesday, February 3, 2010 at 1:19 am
Jan 27
Texting banned for commercial bus ...

Texting banned for commercial bus and truck
drivers

Tuesday, the U.S. Dept. of Transportation banned texting by commercial
drivers. The regulatory guidance is published in the January 26
Federal Register and relates to 49 CFR 390.17. Federal employees are
banned from texting by an executive order dated October 1, 2009. The
DOT also has a web site called Distraction.gov and a blog called The
Fast Lane which have other research on these issues. Massachusetts has
yet to ban texting or cell phone use for all drivers. The Federal ban
would apply to all commercial Posted on Wednesday, January 27, 2010 at 4:15 pm

Rank This Ths Week: 1,545

Massachusetts Estate Planning and

Massachusetts Estate Planning and Elder Law
Blog

Features information, resources and commentary about estate planning,
elder law, MassHealth/Medicaid, care-giving, family matters and
growing older in Massachusetts. By Leanna Hamill.

http://www.leannahamill.com

Jan 29
A Day in the Life of a Not-So-Sec ...

A Day in the Life of a Not-So-Secret Agent
(Part 2)

The further adventures of a health care proxy and agent under a
durable power of attorney. Read part 1 here. When we last left our
not-so-secret agent, she had been to the post office and had visited
her client at the rehab hospital and was just finishing up lunch at an
Indian Restaurant in Harvard Square…. 2:00 p.m. Location: The Bank I
had a check to deposit for the client, needed to be added to the
client's account as his power of attorney, and needed routing number
information from the bank in order to Posted on Friday, January 29, 2010 at 4:51 am
Jan 29
Their Decision, Not Yours - The D ...

Their Decision, Not Yours - The Duty of a
Health Care Proxy

The New York Times has a recent article called "An Ill Father, A Life
and Death Decision." It's about a daughter who has been appointed as
the health care proxy for her father. This means that when he is
unable to make or communicate his health care decisions, she
communicates his wishes to his health care providers. Notice that her
role is not to make the decisions for him. In the story, her father is
sick again - his liver, lungs and kidneys are failing. The doctors ask
her if they should intubate him. I Posted on Friday, January 29, 2010 at 4:51 am
Jan 26
A Day in the Life of a Not-So-Sec ...

A Day in the Life of a Not-So-Secret Agent
(Part 1)

I have a couple of clients for whom I serve as agent under their
health care proxies and powers of attorney. A couple of days last week
found me acting as agent for them. I thought I'd post a composite
sketch as a example, both for those people who may be serving as agent
(now or in the future) and for others to show the importance of having
the legal documents which allowed me to carry out my duties. Client
profile (all details changed, obviously): 70 year old man with no
immediate family. Had been living Posted on Tuesday, January 26, 2010 at 2:25 am

Rank This Ths Week: 1,559

Boston Bankruptcy Lawyer Blog

Covers bankruptcy law issues. By the Law Office of Neil Burns.

http://www.bostonbankruptcylawyerblog.com/

Feb 03
Massachusetts Publication Cites B ...

Massachusetts Publication Cites Boston
Attorney Neil Burns For Bankruptcy Trends

Banker and Tradesman, a publication of the Warren Group published
their bankruptcy statistics noting that Chapter 7 Personal
Bankruptcies were up 33% in 2009. This is not news to readers of this
blog or our website. What is news, however, is that Banker and
Tradesman acknowledges that Massachusetts is different. While all
states have folks filing bankruptcy following layoffs and business
declines, we don't have the medical bankruptcy rate that other states
appear have. Instead we have seen an increase in Posted on Wednesday, February 3, 2010 at 8:45 am
Feb 03
Massachusetts Consumers Need to K ...

Massachusetts Consumers Need to Know Fair
Debt Collection Laws

Our personal bankruptcy clients often point out that they are being
"harassed" by the collection agencies and lawyers, in Boston and
throughout Massachusetts. One Boston area law firm uses the brother of
the attorney as their attack dog - he implies he is the lawyer and his
words are vicious. Thus, it is important for consumers to know their
rights. The Federal Fair Debt Collection Practices Act protects
consumers from abuse by collection agencies and collection lawyers.
Note, the federal law does not apply Posted on Wednesday, February 3, 2010 at 8:45 am
Feb 03
Massachusetts Consumers Will Reap ...

Massachusetts Consumers Will Reap Benefits of
New Energy Policy

The Massachusetts Department of Public Utilities announced plans to
increase energy efficiency with a goal of saving Boston and
Massachusetts consumers over $2 billion per year over the next three
years. Our clients are looking to save money on natural gas and
electric bills under the Green Communities Act. Essentially, the new
law includes funding for the nations first carbon allowance auction,
along with improved energy assessments of homes and incentives for the
purchase of high efficiency lighting and Posted on Wednesday, February 3, 2010 at 8:45 am

Rank This Ths Week: 1,593

Massachusetts Criminal Defense

Massachusetts Criminal Defense Lawyer Blog

Covers Massachusetts drug, weapons, theft and other criminal law news.
By Michael DelSignore.

http://www.massachusettscriminaldefenselawyerblog.com/

Feb 08
Man faces Massachusetts burglary ...

Man faces Massachusetts burglary charges in
Brockton District Court

A 47-year-old Taunton man is facing Massachusett's burglary and theft
charges in connection with a string of burglaries across the region,
the Taunton Daily Gazette reported. While a Boston criminal defense
attorney should be called to represent anyone facing Massachusett's
theft charges, allegations in this case are more serious and include
assault and battery in connection with the thefts. The defendant was
accused of stealing cash, jewelry, televisions and other items; in one
case, a victim was hit in Posted on Monday, February 8, 2010 at 8:14 pm
Feb 08
Canine sniffing drug dogs used to ...

Canine sniffing drug dogs used to search
Attleboro, Massachusetts high school for
drugs

Drug-sniffing dogs were used at Attleboro High School to search for
drugs in school lockers and in cars driven by students. Six high
school lockers were searched and three cars according to the Attleboro
Sun Chronicle. The search was not based on any tip or previous
intelligence regarding drug activity. No student was charged with any
Massachusetts drug crime. Since the searched revealed no illegal
drugs, the legality of the search is likely to go unchallenged. Was
this search Constitutional under the Posted on Monday, February 8, 2010 at 8:14 pm
Feb 08
Court overturns Massachusetts int ...

Court overturns Massachusetts internet sex
crime conviction

The Massachusetts Supreme Judicial Court overturned a defendant's
conviction for attempting to disseminate matter harmful to a minor
under Massachusetts General Laws Chapter 272 Section 28 and 31. The
defendant was charged with a Massachusetts sex crime that would
require him to have to register as a sex offender. The case arose out
of an effort to uncover online crimes involving child pornography and
child enticement. As part of the investigation, an undercover police
officer set up a fake online screen Posted on Monday, February 8, 2010 at 8:14 pm

Rank This Ths Week: 1,604

Boston Accident Lawyer Blog

Covers Massachusetts motor vehicle accident law. By William D.
Kickham, Esq.

http://www.bostonaccidentlawyerblog.com/

Feb 08
Avandia Product Liability Litigat ...

Avandia Product Liability Litigation
Bolstered By Harvard Research Study

It's no secret among people who know me, that, as a Boston
Massachusetts product liability lawyer, I'm one of the sharpest
critics in the legal community of the pharmaceutical industry, and
particularly, pharmaceutical advertising. Yes, I'm fully aware of the
societal value that pharmaceutical companies can and do bring to bear,
in addressing a number of diseases and medical conditions. And I
believe that they are entitled to make a healthy profit in so doing.
But what I've - and we've - all witnessed in Posted on Monday, February 8, 2010 at 11:47 am
Jan 27
Parents Allege Wrongful Death Cau ...

Parents Allege Wrongful Death Caused By
McLean Hospital

Here's an interesting case - far from decided or even litigated yet -
but interesting nonetheless. It's a hybrid of both medical malpractice
and wrongful death (actually, wrongful death arising from alleged
medical negligence.) The parents of two young children, whose mentally
ill aunt literally carried them to their deaths on a Lowell highway in
2008 have sued McLean Hospital in Belmont, alleging that the hospital
was negligent in treating the woman, Marcelle Thibault, 39, whose
actions killed the children Posted on Wednesday, January 27, 2010 at 7:47 pm
Jan 21
Near-Record Boston Medical Malpra ...

Near-Record Boston Medical Malpractice Award:
$15 Milion In Boy's Death

2009 ended with a big bang when it comes to Massachusetts injury law,
specifically, Massachusetts medical malpractice. A lot of legal
specialists such as me are paying close attention to a jury verdict
that was handed down last month in a Suffolk County medical
malpractice case: A $15 million award to the parents of a boy who died
after being treated at Children's Hospital in Boston. The case,
brought by the parents of a 3 year-old boy who died in December 2004
after undergoing surgery for a birth defect at Posted on Thursday, January 21, 2010 at 11:30 pm

Rank This Ths Week: 1,610

Boston Injury Lawyer Blog

Covers Massachusetts personal injury and wrongful death news. By The
Law Office of Neil Burns.

http://www.boston-injury-lawyer-blog.com/

Feb 07
Boston Legislators Pass Hands Fre ...

Boston Legislators Pass Hands Free Cell Bill
for Vehicle Safety

Our blog normally does not comment on pending legislation and the
political process, however, the bill passed by the Massachusetts House
of Representatives in Boston on February 4, 2010, would make it safer
for drivers. Period. We would be the seventh state to outlaw the use
of cell phones without a hands free device. Thus, drivers would be
able to keeps their hands on the wheel and their attention on the
road. While the bill now faces the Massachusetts Senate, and the
various lobbyists for and against the Posted on Sunday, February 7, 2010 at 6:48 am
Jan 29
Truckers in Boston Must follow Ne ...

Truckers in Boston Must follow New Law On
Massachusetts Highways

Under new Department of Transportation regulations, truckers in
Massachusetts may not use any device to text message others while
operating commercial vehicles. This new federal regulation has come
about (not because of common sense, as you would think) but as a
result of numerous fatal accidents. The most notorious offense was
when two Washington, D.C Metro workers were struck and killed by a
maintenance truck, the driver of which was found to be texting; other
collisions occur with distractions as well. Posted on Friday, January 29, 2010 at 1:04 pm
Jan 26
Massachusetts Burn Injury Cases H ...

Massachusetts Burn Injury Cases Handled by
Boston Firms

We have been representing victims of burn injuries in Boston, and
throughout Massachusetts, since 1985. Each case is different, however,
we have drafted this column for general reference for our clients.
First, and foremost, get professional medial help. Emergency medical
personnel and hospitals throughout Massachusetts are equipped for
almost any medical emergency. Following emergency treatment, continue
to seed medical help as burn injuries are serious and often permanent. Posted on Tuesday, January 26, 2010 at 9:45 am

Rank This Ths Week: 1,615

Massachusetts Workers' Compensation

Massachusetts Workers' Compensation Lawyer
Blog

Covers construction accidents and workplace fraud. By Altman &
Altman.

http://www.massachusettsworkerscompensationlawyerblog.com/

Feb 07
Boston Construction Accident Lead ...

Boston Construction Accident Leads to OSHA
Fines

Last year, a Massachusetts construction accident injured four workers
when a ladder jack scaffold gave way. Following the accident in
August, 2009, the Occupational Safety and Health Administration
investigated and discovered that the contractor had violated safety
regulations. As a result, OSHA has proposed almost $55,000 in fines.
According to authorities from OSHA, the ladder jack scaffold bore too
much weight and was beyond capacity. The workers also lacked
protective head and eye gear, as well as Posted on Sunday, February 7, 2010 at 6:38 am
Feb 04
OSHA Makes Workplace Injury and I ...

OSHA Makes Workplace Injury and Illness Data
Public

The Occupational Safety and Health Administration (OSHA) has compiled
data on work-related injuries and illnesses since 1996. Now the agency
has made that information public through a searchable online database
which allows people to look at company and industry-specific data on
injury and illness. The data is used by OSHA to calculate illness and
injury incidence rates. These rates inform OSHA's strategic plan and
allow the agency to focus its Site Specific Targeting (SST) Program.
According to the Posted on Thursday, February 4, 2010 at 7:09 pm
Feb 01
OSHA Cites Massachusetts Contract ...

OSHA Cites Massachusetts Contractor for
Unsafe Trenches

A Methuen-based contractor has received 23 citations with proposed
fines of $166,950 from the Occupational Safety and Health
Administration for trench safety hazards at two Massachusetts
worksites, one in Quincy and one in Lynnfield. OSHA's citations
include alleged willful, serious, and other-than-serious violations of
safety standards. During inspections, OSHA discovered workers at both
locations who were exposed to cave-in hazards while working in
trenches more than 6 feet deep. In Quincy, the workers Posted on Monday, February 1, 2010 at 10:34 pm

Rank This Ths Week: 1,617

Massachusetts Lawyer Blog

Covers bankruptcy, business law, litigation, medical malpractice,
personal injury, real estate & real property, and wills, trusts,
and estates. By Massachusetts lawyers Wilson & Whitaker.

http://www.massachusettslawyerblog.com/

Jul 13
Beware, LinkedIn Reviews and Empl ...

Beware, LinkedIn Reviews and Employment Law
Issues

Sarah Randag, recently posted on the ABA Journal a labor and
employment law post, LinkedIn Reviews Can Come Back to Haunt
Employers, Lawyers Say, which opens with, Management-side employment
lawyers are advising their clients against writing recommendations for
current or recent employees on LinkedIn. The same argument could be
made on Facebook, Twitter, or any other social media web site. Does
your company have a social media policy? If so, are you tracking or
keeping a record of what is being said, if Posted on Monday, July 13, 2009 at 7:35 am
Jul 11
Self-Employment Income and Massac ...

Self-Employment Income and Massachusetts
Child Support in Divorce or Divorce
Modification, Not Always What You Think or
Report to the IRS or MA DOR

Modification of a MA child support order was recently discussed in the
Massachusetts Appeals Court case, Kenneth R. Whelan vs. Kathleen A.
Whelan. One of the issues discussed in this case involved
self-employment income as it relates to MA child support obligations.
In a footnote, Note (17), the court writes: (17) New Child Support
Guidelines became effective in Massachusetts on January 1, 2009. The
new Guidelines define income as "gross income from whatever source
regardless of whether that income is Posted on Saturday, July 11, 2009 at 7:49 am
Jul 01
Kevin Whitaker featured in Patrio ...

Kevin Whitaker featured in Patriot Ledger for
Blog on Privacy Law and Policy

Thank you to the Patriot Ledger and Reporter Julie Onufrak for
covering my Privacy Law and Policy Blog in today's business section,
Weymouth lawyer blogging about the Internet and privacy. It was a
pleasure to meet Julie and we had an interesting discussion on the
future of media, blogs, newspapers, as well as privacy issues. Posted on Wednesday, July 1, 2009 at 5:32 pm

Rank This Ths Week: 1,658

McLeod Law Blog

Covers news and views, reflections and observations about bankruptcy
law, the economy and how it affects us. By McLeod Law Offices.

http://mcleodlawoffices.com

Feb 08
Short Sales & Foreclosure: Pe ...

Short Sales & Foreclosure: Perception
& Reality

Many people struggling to pay the mortgages are motivated to consider
a short sale. I am often told that it is considered because of their
concern that if a short sale is not done, and the property is allowed
to foreclosure, they will never be able to own a home again. Today, I
want to [...] Posted on Monday, February 8, 2010 at 3:52 pm

Rank This Ths Week: 1,666

Massachusetts Divorce & Family

Massachusetts Divorce & Family Law Blog

Covers current issues in Massachusetts divorce and family law. By
Steven Ballard.

http://massachusettsfamilylaw.blogspot.com/

Nov 04
Maine Voters Repeal Gay Marriage Law

Maine Voters Repeal Gay Marriage Law

Maine voters repealed their state's gay marriage law yesterday. BOSTON
GLOBE - PORTLAND, Maine - Maine voters overturned the state's same-sex
marriage law yesterday, delivering a potentially crushing blow to
gay-rights advocates after a year when their cause seemed to be
gaining momentum with legislative and legal victories in four
states.The "people's veto'' came six months after Maine's law was Posted on Wednesday, November 4, 2009 at 1:27 am
Oct 05
Alimony Reform and the Business o ...

Alimony Reform and the Business of Divorce

The Boston Business Journal continues to cover the controversy over
the competing Massachusetts alimony bills, and in Friday's article by
Lisa van der Pool, Dueling alimony bills raise hackles in legal
circles, the focus was on the question of whether Senator Cynthia
Creem, chair of the Senate's Judiciary Committee, has a "conflict of
interest" on account of her sponsorship of the alimony reform Posted on Monday, October 5, 2009 at 12:04 pm
Sep 29
Is Family Law a Masterful Scam? A ...

Is Family Law a Masterful Scam? A Criminal
Enterprise?

I thought I would reprint my response to a comment on my last post,
which was on the issue of alimony reform, as I believe it deserves its
own post here. Over the years, I have found some people to be so angry
and bitter, after going through difficult experiences in the family
law system, that they lose all sense of reality and become paranoid. I
have thought about this again recently after Posted on Tuesday, September 29, 2009 at 3:07 am

Rank This Ths Week: 1,747

Bill McLeod's Law Blog

Covers bankruptcy, debts and the law.

http://mcleodlawoffices.com

Feb 08
The Short Sale Option

The Short Sale Option

A short sale is when a homeowner sells property, but for less than the
amount due on the outstanding mortgage. The lender agrees to
release/discharge the mortgage on the property to allow the property
to change hands to a new owner. Now, there seems to be a belief out
there that short-selling a property is better than allowing it to slip
into foreclosure. I'm not going to agree or disagree on this - because
what's good for some people, is just not good for others. But since
there is a resurgence of media Posted on Monday, February 8, 2010 at 1:16 am
Feb 02
Predatory Lending: Beyond the Buz ...

Predatory Lending: Beyond the Buzzwords

A few years ago, someone wrote something somewhere (it wasn't here - I
swear) that if you were the victim of predatory lending, you could get
a free house. Actually, I recall someone at a legal seminar (not here
in Massachusetts - I swear) suggesting that it could be done… which
sent some colleagues of [...] Posted on Tuesday, February 2, 2010 at 11:03 pm
Feb 02
Those People

Those People

I was recently chatting with an old friend who was sharing with me her
recent trials and tribulations. She is on unemployment - has been for
a while - and trying to sell her house. Her house is not priced to
sell - but priced in line with what other houses in her neighborhood
are [...] Posted on Tuesday, February 2, 2010 at 11:03 pm

Rank This Ths Week: 1,777

Mass. LOMAP: Law Practice Advisor

Provides resources, tips, and substantive advice to attorneys, focused
on those licensed in Massachusetts, to help establish and
institutionalize professional office practices. By Director Rodney
Dowell, and LPA Jared Correia, Esq.

http://masslomap.blogspot.com/

Feb 06
Baby Steps: On Holding Your Horse ...

Baby Steps: On Holding Your Horses Before
Your Carts, so that Your Big Plans Have Some
Room to Grow Big

Now that I have been at this law practice management consulting game
for a long time (very relatively speaking), I have been noticing some
trends. (And, I think it is true, that, generally, those persons who
are attuned to trends, and who can understand the directions of those
trends, and who can then access the resulting waves, are those persons
who can be most successful. Witness, most recently, the stunning
Massachusetts senate victory by Scott Brown and his team. This blog
post has not been approved by Posted on Saturday, February 6, 2010 at 3:55 am
Jan 31
Starting Your Practice on a Limit ...

Starting Your Practice on a Limited Budget:
Hitting the Numbers

On January 21, Rodney Dowell, Alan Klevan, Gabriel Cheong and I
appeared together at a CLE Brown Bag presentation at the Boston Bar
Association, which CLE was, by sheer coincidence (I know), titled as
above. In taking the easy way out, as moderator, I was able to watch,
as Rodney and Alan and Gabriel delivered just really tremendous
presentations covering practice start-up on a limited budget. The
thesis of the CLE program was, as follows: Finances are the 800-pound
gorilla in the room for any start-up Posted on Sunday, January 31, 2010 at 8:39 am
Jan 31
The Massachusetts Data Privacy Re ...

The Massachusetts Data Privacy Regime: An
Overview

I think that I am writing this post both because there was some demand
for a Powerpoint presentation I made yesterday, and because I just
want to prove to people that I can draft short blog posts with very
few links. Done and done. At the first-ever Massachusetts Information
Security Summit, held January 27, 2010, in Springfield, and sponsored,
primarily, by LOMAP, the Massachusetts Bar Association and Catuogno
Court Reporting, I delivered a presentation entitled "The
Massachusetts Data Privacy Regime: An Posted on Sunday, January 31, 2010 at 8:39 am

Rank This Ths Week: 1,791

Massachusetts Bankruptcy Blog

Covers consumer bankruptcy and debtor issues. By Goldstein and Clegg
LLC.

http://www.goldsteinandclegglaw.com/bankruptcy_blog

Jan 06
Personal Bankruptcy Filings Risin ...

Personal Bankruptcy Filings Rising Fast

In today's Wall Street Journal, I found a great article by Sare Murray
and Conor Dougherty about the increase in bankrutpcy filings. The
number of Americans filing for personal bankruptcy rose by nearly a
third in 2009, a surge largely driven by foreclosures and job losses.
And more people are filing for Chapter 7 bankruptcy, which liquidates
assets to pay off some debts and absolves the filers of others. That
is significant because a 2005 overhaul of federal bankruptcy laws
aimed to encourage Chapter 13 Posted on Wednesday, January 6, 2010 at 3:14 pm
Dec 14
Banks's must Produce the Note to ...

Banks's must Produce the Note to foreclose

I recently came across a great article drafted by a former paralegal
of our firm, Rick D. Misitano regarding foreclosure defense. Below are
the pertinent parts of that article.When a lender can't produce the
original note, allowing a foreclosure to proceed puts the homeowner at
risk of owing that debt again to another party in the future. So, what
happens when the lender tells the Court it can't produce the original
note, because it is lost? Let's start with the basics. If a lender
wants to foreclose on a Posted on Monday, December 14, 2009 at 3:30 pm
Dec 14
How the HAMP loan modifications e ...

How the HAMP loan modifications effect your
credit score

This post discusses (1) how they are being reported, (2) how they
should be reported, (3) what you can do to get your HAMP-modified
mortgage reported correctly, and (4) possible effects even the
"correct" reporting might have on your credit score. How HAMP-modified
loans are being reported now Many servicers are reporting the modified
mortgages to the credit bureaus as a "rolling 30-day late" while the
modification is in its trial period. (The "trial period" is generally
a three month period during which Posted on Monday, December 14, 2009 at 3:30 pm

Rank This Ths Week: 1,864

Modern Times Legal Patent Blog

Covers patent prosecution and strategy. By Robert J. Sayre.

http://www.mxlegal.com/blog/

Feb 06
USPTO Goes Wiki

USPTO Goes Wiki

digg it | reddit | delicious | StumbleUpon USPTO Director David Kappos
is on a role. On his Director's Blog today, he writes about his ideas
for taking the Manual of Patent Examination Procedure (i.e., what
might be viewed as the bible for US patent examination) open source.
Perhaps we all can soon become co-authors of a much more dynamic MPEP.
I provided a couple comments on the blog, in particular advocating for
including links for case citations to the actual court decisions,
preferably in Posted on Saturday, February 6, 2010 at 12:19 am
Feb 03
David Kappos Talks About His Init ...

David Kappos Talks About His Initiatives to
Change US Patent Practice

digg it | reddit | delicious | StumbleUpon A Surprise Encounter with
the USPTO Director This past Friday, the Boston Patent Law Association
provided me (above left) with a special treat--an opportunity to join
USPTO Director David Kappos (above right) for breakfast across the
street and a few doors down from my office. But what really surprised
me was when Director Kappos approached a colleague and me from behind
to introduce himself and initiate a friendly chat. We had not
previously met; Director Kappos Posted on Wednesday, February 3, 2010 at 10:11 am
Jan 22
Great Tool for Improving the Qual ...

Great Tool for Improving the Quality of
Patent Applications

digg it | reddit | delicious | StumbleUpon In my patent practice, I
focus intensely on optimizing the quality of patent applications that
I draft. In large part, I define quality in terms of being
well-written and free of errors and compromising language. If these
objectives ring true for you, as well, imagine the value if you could
stuff an expert patent proofreader into your laptop. With the
ClaimMaster software program, you can do just that. ClaimMaster is an
add-on for Microsoft Word with a wealth of Posted on Friday, January 22, 2010 at 1:11 am

Rank This Ths Week: 1,901

MBBP's Good Company

Covers news, events and developments in business, intellectual
property, employment law. By Morse, Barnes-Brown & Pendleton.

http://blogmbbp.wordpress.com

Feb 04
SiriusXM Radio Tradin' Paint Host ...

SiriusXM Radio Tradin' Paint Hosts Interviews
iRacing CEO

Last week Tony Gardner, President and CEO of iRacing, was interviewed
by SIRIUS radio program Tradin' Paint. Tony discussed everything
NASCAR fans should know about iRacing how they can become part of the
action. He also described the upcoming NASCAR iRacing Drivers World
Championship, which features the 50 top-rated oval drivers currently
racing in iRacing's Pro Series and [...] Posted on Thursday, February 4, 2010 at 2:44 am
Feb 04
Massachusetts Life Sciences Cente ...

Massachusetts Life Sciences Center Announces
New Small Business Matching Grant Program

The Massachusetts Life Sciences Center (MLSC) has announced the launch
of its new Small Business Matching Grant (SBMG) Program. The program
is designed to support early-stage life sciences companies and grow
employment opportunities, promote manufacturing and commercialization,
and stimulate innovation across the Commonwealth. The primary
objective of the SBMG is to provide grants to commercialization-ready
life sciences [...] Posted on Thursday, February 4, 2010 at 2:44 am
Feb 01
MPAY Announces 2009 Record-Breaki ...

MPAY Announces 2009 Record-Breaking Sales
Growth

Late last week, MBBP client MPAY, Inc. reported record-breaking sales
growth for 2009. MPAY is a nationwide leader in providing software and
services to independent payroll providers and businesses. Two of their
products, Payentry.com™ and TimeForce@Payentry.com™ were extremely
successful for the company in 2009. Payentry.com™, a web-based
payroll product, increased over 22% in check totals and
TimeForce@Payentry.com™, MPAY's [...] Posted on Monday, February 1, 2010 at 1:35 am

Rank This Ths Week: 1,911

Boston Injury Attorney Blog

Covers Massachusetts car accident and other personal injury cases. By
Bellotti Law Group, P.C.

http://www.bostoninjuryattorneyblog.com/

Jan 28
Boston Area Hospital Emergency Ro ...

Boston Area Hospital Emergency Rooms Are Busy

Boston residents might be interested to learn that according to a
report by the 2006 National Hospital Ambulatory Medicare Survey,
written for the Department of Health and Human Services, in 2006 there
were 119.2 million visits to hospital emergency departments, or 40.5
visits per 100 persons, continuing a long-term rise in both indices.
The rate of visits per 100 persons was 36.1 for white persons, 79.9
for black persons, and 35.3 for Hispanic persons. Emergency Department
occupancy (the count of patients Posted on Thursday, January 28, 2010 at 7:37 pm
Jan 28
Massachusetts Retailers Affected ...

Massachusetts Retailers Affected By Blinds
Recall

The United States Consumer Product Safety Commission is recalling all
Roman-style shades and roll up blinds after reports of babies and
toddlers dying from strangulation. The CPSC said the product recall
affects more than 50 million Roman shades and rollup blinds, which
have cords that can get caught around children's necks. 25 million
Roman shades were recalled. CPSC said 5 children have died of
strangulation and 16 others have been nearly strangled since 2006
because of the Roman shades, which pose a Posted on Thursday, January 28, 2010 at 7:37 pm
Jan 28
Massachusetts Personal Injuries

Massachusetts Personal Injuries

According to the Centers for Disease Control, injuries are among the
leading causes of death in the United States. Mortality data from 2006
show that unintentional injuries were the leading cause of death for
those 1- 44 years of age, and the 5th leading cause of death for all
ages. Injuries cause a relatively small number of deaths compared with
the number of injuries seen in hospitals and emergency departments. In
2006, for each death by injury, there were nearly 11 times as many
hospitalizations and 179 Posted on Thursday, January 28, 2010 at 7:37 pm

Rank This Ths Week: 1,936

Suffolk Law Library Blog

http://suffolklawlibrary.blogspot.com/

Feb 06
Good News For Students Interested ...

Good News For Students Interested in
Environmental Law

This Law.com article predicts an uptick in the need for environmental
lawyers particularly in the areas of climate change and
sustainability. Sign-up to receive a law.com newsletter or an RSS feed
to stay current with career trends and legal news. Posted on Saturday, February 6, 2010 at 2:07 pm
Feb 04
The ABA's 2010 Levit Essay Contes ...

The ABA's 2010 Levit Essay Contest For Law
Students and Young Lawyers

The contest encourages original and innovative research and writing in
the area of legal malpractice law, professional liability insurance
and loss prevention.The Prize is $5000.00 and a free trip to
Washington, D.C. Submission deadline is February 19, 2010. For the
hypothetical and all the details, go here. Posted on Thursday, February 4, 2010 at 2:35 am
Feb 01
SCOTUS wiki

SCOTUS wiki

Some of you may be familiar with with SCOTUSblog as a great source for
news about U.S. Supreme Court cases but you may not know they have a
relatively new wiki. The SCOTUSwiki has information for cases argued
before the Supreme Court since the October 2009 siting. The types of
information you can find are briefs and other filings, opinion recaps,
oral & pre-argument recaps, and further information, such as media
and blog coverage. Using the Watchlist feature, you can even track
changes that are made to Posted on Monday, February 1, 2010 at 1:25 am

Rank This Ths Week: 1,995

Boston Employment Lawyer Blog

Covers age, gender, sex, National origin, and workplace
discrimination. By Boston, Massachusetts employment attorneys, The
Conforto Law Group.

http://www.bostonemploymentlawyerblog.com/

Dec 14
ADA Amendments Act Provides Emplo ...

ADA Amendments Act Provides Employees with
Greater Protection

Under the Americans with Disabilities Act (ADA), employees who are
"substantially limited" in a "major life activity" are considered
disabled and entitled to reasonable accommodations in the workplace.
Handicapped employees experienced a welcome change with the ADA
Amendments Act (ADAAA), which became effective on January 1, 2009. The
Americans with Disabilities Act (ADA) went into effective in 1992 and,
since that time, has faced numerous criticisms. Namely, the strict
standards under the ADA created Posted on Monday, December 14, 2009 at 9:00 pm
Dec 13
Workplace Discrimination Laws Bro ...

Workplace Discrimination Laws Broadened By
The Genetic Information Nondiscrimination Act
(GINA)

Employees will soon gain protection against employers that utilize
genetic testing or consider genetic background in making hiring,
firing, promotion decisions. The Genetic Information Nondiscrimination
Act ("GINA") passed by Congress in March 2008 becomes effective law in
the next coming weeks as this New York Times story details: Law Seeks
to Ban Misuse of Genetic Testing. On November 21, 2009, the Genetic
Information Nondiscrimination Act takes effect for all employers with
15 or more employees and on Posted on Sunday, December 13, 2009 at 9:00 pm
Dec 13
Non-Compete Agreements in Massach ...

Non-Compete Agreements in Massachusetts May
Soon Be Guided by New Legislation

Non-competes in Massachusetts have been a hot topic in 2009. On
October 7, 2009, the Joint Committee on Labor and Workforce
Development held a public hearing on proposed non-compete legislation,
entitled An Act Relative to NonCompete Agreements, sponsored by
Representatives William Brownsberger (D-Belmont) and Lori Ehrlich
(D-Marblehead). The experience of Caroline Huang, whose career was
negatively affected by a broad restrictive covenant that kept her out
of her field, encouraged Representative Posted on Sunday, December 13, 2009 at 9:00 pm

Rank This Ths Week: 2,192

Massachusetts Immigration Lawyer

Massachusetts Immigration Lawyer Blog

Covers deportation, immigration courts, and naturalization. By Law
Offices Of Joshua L. Goldstein, PC.

http://www.massachusettsimmigrationlawyerblog.com/

Oct 28
Want to help your parents get gre ...

Want to help your parents get green card?
Read this first

As an immigration attorney, my goal is to help people get green cards
and U.S. citizenship. One of the most important privileges that you
gain with US citizenship is the right to file an immigration petition
(Form I-130) for your mother and father. But before helping your
parents get green cards, you need to think through this decision and
weigh your immigration options carefully. How to lose your green card
status Before you help your parents get green cards, keep in mind that
when someone with a green Posted on Wednesday, October 28, 2009 at 2:13 pm
Jul 09
H-1B Visa Update

H-1B Visa Update

In years past, the problem with H-1B visas was scarcity--too many visa
applicants going after too few H-1B visas. Congress capped the annual
number of available H-1B visas at 65,000. Although exceptions to the
H-1B cap exist, this general restriction had a devastating effect on
companies that depend on recruiting talented, educated foreign
professionals with advanced degrees. With the H-1B visa limits in
mind, during immigration consultations in my Boston office, I'd
typically advise immigration clients Posted on Thursday, July 9, 2009 at 4:01 pm
Jul 07
Thinking of sealing or expunging ...

Thinking of sealing or expunging your
criminal record? A Boston immigration lawyer
says think again

These days, it is not easy to get a job or housing benefits. And it is
even tougher if you have a criminal record. To make things easier,
criminal lawyers often recommend having your criminal record expunged
or sealed. This can be great advice for people seeking work or housing
benefits as you will effectively have no criminal record once your
criminal record is expunged or sealed. Your Massachusetts CORI
criminal history report will show "no adult criminal record," and you
can honestly say you have no Posted on Tuesday, July 7, 2009 at 11:00 am

Rank This Ths Week: 2,199

Massachusetts Family Mediation

Covers divorce, separation and other family-related matters. By Larri
Tonelli Parker.

http://www.parkermediation.net

Feb 03
The Power of Apology

The Power of Apology

A sincere heartfelt apology can go a long way to repair a
relationship. In mediation, sometimes parties are able to transform
toxic patterns by acknowledging past mistakes and sharing feelings of
remorse about the effect those mistakes had on the relationship.
Apologizing to clear the air and right past wrongs often permits
parties to focus on the future and re-establish trust. When one party
apologizes and the other party accepts the apology, both people are
saying they want the post-divorce relationship Posted on Wednesday, February 3, 2010 at 7:16 am
Feb 03
International Conference on Victi ...

International Conference on Victim - Offender
Mediation

The International Conference on Victim - Offender Mediation will take
place March 4th and 5th in Burgos, Spain. You may review the event's
itinerary (PDF) and the list of scheduled guest speakers, topics,
registration details and costs by downloading the English brochure or
the Spanish brochure. The Worcester, MA divorce lawyers and family
mediators at Parker Mediation serve the Central Massachusetts and
Boston metro-west communities such as Clinton, Framingham, Fitchburg,
Leominster, Marlborough, Millbury, Posted on Wednesday, February 3, 2010 at 7:16 am
Jan 07
Approved Mediation for Massachuse ...

Approved Mediation for Massachusetts Juvenile
Court

Parker Mediation is approved by Juvenile Court Chief Justice Michael
F. Edgerton to provide mediation services in the Juvenile Court.
Parker Mediation continues its long standing commitment to the
children and families of Massachusetts by providing quality mediation
services to families involved in the Juvenile Court system. Parker
Mediation is honored to be acknowledged by Chief Justice Edgerton as
an approved court-connected dispute resolution service. The Worcester,
MA divorce lawyers and family Posted on Thursday, January 7, 2010 at 11:58 am

Rank This Ths Week: 2,286

Massachusetts Divorce & Wills

Massachusetts Divorce & Wills Lawyer Blog

Covers family law, divorce and estate planning. By Gabriel Cheong.

http://gabrielcheonglaw.com

Jan 06
What is the difference between ph ...

What is the difference between physical
custody and legal custody?

When we talk about child custody during a separation or divorce here
in Massachusetts, we're actually talking about 2 separate types of
custody - physical custody and legal custody. Physical custody is who
the child lives with most of the time. One parent can have sole
physical custody or both parents can have joint physical custody. If
one parent has sole physical custody, then the other parent
(noncustodial parent) gets visitation. Legal custody is who gets to
make the decisions that involves the child. Posted on Wednesday, January 6, 2010 at 7:39 pm
Jan 06
What is joint custody and why is ...

What is joint custody and why is it bad?

The issue I want to discuss is joint physical custody (as oppose to
legal custody). In my opinion, joint physical custody is detrimental
to the children and should not be pursued in most cases. In a typical
custody fight during a separation or divorce, both parents will want
sole physical custody. Sometimes, they will compromise and settle for
joint physical custody where the child will spend 3 days with one
parent, then move and spend 4 days with another parent. Can you
imagine how difficult this is for a Posted on Wednesday, January 6, 2010 at 7:39 pm
Jan 06
Gay marriage vs. cousin marriage: ...

Gay marriage vs. cousin marriage: a chart

* courtesy of the New York Times Related posts: What marriage should
mean I've been posting a lot here recently about marriage despite...
Same-Sex Marriage Statistics Last week, voters in Maine struck down a
law voted... Posted on Wednesday, January 6, 2010 at 7:39 pm

Rank This Ths Week: 2,332

Massachusetts Injury Lawyer Blog

By Breakstone, White & Gluck.

http://www.massachusettsinjurylawyerblog.com/

Feb 05
Toyota's Headaches Continue--Mass ...

Toyota's Headaches Continue--Massachusetts
Prius Owners Should Be Aware of Defective
Brakes

Toyota faced another round of bad news this week with the announcement
today of a probe by the National Highway Traffic Safety Administration
(NHTSA) into braking problems in the popular Prius hybrid model. NHTSA
has received at least 124 complaints about momentary braking problems
in the defective vehicles. As least four car crashes have been
reported. The problems are apparently associated with speed bumps,
potholes, and icy roads--three things Massachusetts drivers see plenty
of. The investigation Posted on Friday, February 5, 2010 at 2:27 am
Feb 02
Massachusetts Consumers Should Ta ...

Massachusetts Consumers Should Take Care If
Using Certain Antibiotics--FDA Warns of
Tendon Trouble

A commonly prescribed class of antibiotics have been issued the
strongest available warning by the Food and Drug Administration (FDA)
due to the risk of potentially debilitating personal injury. Levaquin
(levofloxicin) and Cipro (ciprofloxacin) are in the class of
antibiotics, called fluoroquinolones, and are used to treat illnesses
like sinus infections, urinary tract infections, pneumonia, kidney
infections and several types of skin infections. People using Levaquin
and other fluoroquinolones are at Posted on Tuesday, February 2, 2010 at 6:47 am
Jan 30
Huge Toyota Recall Affects Thousa ...

Huge Toyota Recall Affects Thousands of
Massachusetts Drivers--Defective Gas Pedals
May Cause Runaway Acceleration

Toyota has issued another recall affecting millions of its popular
vehicles due to acceleration problems caused by sticking gas pedals
which are known to have caused serious personal injury and several
deaths. In addition, Toyota has halted sales and will halt production
of several product lines until it designs a fix for the product
defect. This recall seriously affects Toyota's reputation for safety
and reliability. It also affects tens of thousands of Massachusetts
drivers who own the defective Toyotas. Posted on Saturday, January 30, 2010 at 4:15 am

Rank This Ths Week: 2,445

Boston Immigration and Nationality

Boston Immigration and Nationality Blog

Covers immigration law topics in English and Portuguese. By Joshua
Paulin.

http://bostonimmigrationblog.com

Jan 21
Dieu Garde Haiti!

Dieu Garde Haiti!

Our thoughts and prayers go out to the Haitian community in the US,
and the to the victims of the terrible earthquake in Haiti. While US
Immigration authorities are still working to respond, I'm proud to say
that the American Immigration Lawyers Association has called on DHS
Secretary Napolitano to designate Haiti for Temporary Protected
Status, or TPS. I am also pleased to see that Secretary Napolitano has
ordered a halt of removals to Haiti in response to the crisis. Posted on Thursday, January 21, 2010 at 8:13 am
Jan 21
Corte de imigração - Parte I - In ...

Corte de imigração - Parte I - Introdução

/* /*]]>*/ Na internet, há poucas informações em português
sobre as normas de atuação da corte de imigração nos Estados
Unidos. Portanto, este é o primeiro de uma série de artigos sobre o
tema, considerando que cada caso é diferente e cada corte de
imigração segue conduta propria, mesmo com a obrigação de seguir o
novo Manual para a Prática de Corte de Imigração (Immigration Court
Practice Manual), disponível no gabinete do Juiz máximo, da corte de
imigração. Os artigos refletirão minha experiência nas Posted on Thursday, January 21, 2010 at 8:13 am
Jan 21
USCIS gets it right on Haiti

USCIS gets it right on Haiti

Way to go, Secretary Napolitano! USCIS has designated Temporary
Protected Status (TPS) for Haitian nationals in the US on January 12,
2010, per her announcement of today. Unfortunately, this will not
apply to anyone actually IN Haiti; any Haitian trying to enter the US
will be sent back. Our thoughts and prayers remain with the victims of
the earthquake, and with their families here in the US. Posted on Thursday, January 21, 2010 at 8:13 am

Rank This Ths Week: 2,486

Massachusetts Estate Planning and

Massachusetts Estate Planning and Elder Law

Discusses estate planning, elder law and health insurance matters in
Massachusetts. By Leanna Hamil.

http://lhamillattorney.typepad.com/main/

Jan 22
My website has moved, please come ...

My website has moved, please come with me!

My website has moved to http://www.hamilllawoffice.com/, which will
now have the most up to date information for you. If you have
subscribed to this site by email, you can enter your email address at
the new site to continue to get updates. Likewise, if you subscribe by
RSS you can get the new RSS feed over there. Thanks for reading! P.S.
If you are overwhelmed caring for your elderly parents and need help
now, just click here: Yes, I'm Overwhelmed! Posted on Friday, January 22, 2010 at 10:32 am
Jan 08
Better Sleep* and Peace of Mind - ...

Better Sleep* and Peace of Mind - What Does
An Attorney Sell?

Ironically, the idea for this post came to me during a bout of
insomnia. It's often said that estate planning attorneys sell "peace
of mind." That is, we help people put the pieces in place that allow
their family members (or people of their choosing) to legally assist
them with their health care and financial decisions when they are
unable. It's not thrilling, but when there is a crisis and you can
avoid putting "appointment with attorney to review guardianship
process" ahead of "visit mom in the hospital" Posted on Friday, January 8, 2010 at 9:35 pm
Jan 06
I Can't Lead a Horse To Water, or ...

I Can't Lead a Horse To Water, or Make It
Drink

Many times my biggest competition is not other attorneys - it's
inertia. It isn't that people are meeting with other attorneys and
getting their estate plans in order, it's that they just aren't doing
them. The biggest excuses I hear are usually "I don't have any thing
to leave to people and my family knows how to divide my stuff" or "I
won't care what happens to my stuff, I won't be around then anyway."
These excuses focus solely on the "death" part of planning. But what
about all the things that happen to Posted on Wednesday, January 6, 2010 at 11:19 am

Rank This Ths Week: 2,493

The Law Office of Andy P. Miller

Focuses on family law issues, such as divorce, modification, and child
custody.

http://www.yourmassfamilyattorney.com

Apr 02
Divorce and the Discovery Process

Divorce and the Discovery Process

This is the fourth part in a multi-part series on the divorce process
called Divorce 101. The discovery process is almost universally agreed
to be the most important step in the divorce process. Discovery is
where and how you build your case and find the evidence necessary to
support your theory - and often develop your theory - of the case.
What Does Discovery Mean in Divorce? Discovery is one big step that
encompasses many small steps. First, it is important to note that in
Massachusetts, discovery begins Posted on Thursday, April 2, 2009 at 7:52 am
Mar 03
Temporary Orders in Divorce

Temporary Orders in Divorce

This is the third part in a multi-part series on the divorce process
called Divorce 101. Now that you have picked your divorce attorney and
begun the divorce process by filing for divorce the next step is
temporary orders. While most attorneys regard the temporary orders as
standard or routine it is important to not lose sight of the
importance of temporary orders. Temporary orders are the "rules of
road" and govern the relationship of the parties regarding such things
as child support, child custody, and Posted on Tuesday, March 3, 2009 at 10:55 am
Feb 27
Filing for Divorce in Massachusetts

Filing for Divorce in Massachusetts

This is the second part in a multi-part series on the divorce process
called Divorce 101. After you have chosen the right divorce attorney
for you, the next step is generally filing for divorce. (If you have
already been served and can't file first, don't sweat, you will still
have your day in court.) In Massachusetts we have contested divorces
and uncontested divorces. Most people file a 1B divorce which is
otherwise known as a contested divorce. What Documents Are Required to
File For Divorce? Simply Posted on Friday, February 27, 2009 at 6:08 am

Rank This Ths Week: 2,552

Massachusetts Law Notes

Covers developments in corporate law. By Stephen A. Evans, Esq. a
Massachusetts business attorney

http://www.corporatelawnotes.com

Apr 17
Tortious interference with advant ...

Tortious interference with advantageous
customer relations

The Massachusetts Court of Appeals recently reversed a jury finding of
tortious interference with advantageous customer relations on the
grounds that it was not supported by the evidence. A distributor
(Brewster) of wallpaper products brought a breach of contract suit
against its supplier (Blue Mountain) after the supplier failed to
deliver its products in a timely manner. Although the distributor was
awarded substantial damages on the breach of contract claim, the
Appeals court reversed on the tortuous Posted on Tuesday, April 17, 2007 at 12:44 pm
Feb 13
What is the cost to form a Massac ...

What is the cost to form a Massachusetts
corporation?

I often get asked by people, how much does it cost to incorporate?
Here is a quick overview of the various filing fees that you can
expect to pay to get your business up and running: Massachusetts
corporations pay a minimum fee of $275 on formation and then, after
the first year, an annual fee of $125 is due. There is also an annual
minimum corporate excise tax of $456 that all corporations pay in
Massachusetts. Massachusetts Limited Liability companies pay a
formation fee of $500 and then an ongoing annual Posted on Tuesday, February 13, 2007 at 9:51 am
Jan 24
Parties to an illegal contract sh ...

Parties to an illegal contract should not
expect much help from the courts

The Massachusetts Supreme Judicial Court recently considered a case
involving the attempt by one party to recover amounts paid under a
contract that was later determined to be illegal. The facts of the
case involved a one page contract that the National Association of
Government Employees, Inc. (NAGE) entered into with a consultant to
win a government award of a contract to develop real estate. The
contract called for the payment of $250,000 if and when the
development was "approved and built." After NAGE Posted on Wednesday, January 24, 2007 at 7:30 am

Rank This Ths Week: 2,579

Helping Injured

Cover personal injury litigation. By Mazow McCullough.

http://www.helpinginjured.com/blog

Feb 08
Welcome to Our Blog!

Welcome to Our Blog!

Welcome to the Blog of Personal Injury Attorney's Mazow &
McCullough, PC. Attorneys Robert Mazow and Kevin McCullough offer this
blog to keep you updated on important information regarding the
health, safety and welfare of you and your family, to offer you
insight into the world of insurance and personal injury litigation,
and to inform you about critical developments of personal injury law.
Robert and Kevin have been litigating since the mid 1990's. Robert
started his legal career in 1994 as a criminal Posted on Monday, February 8, 2010 at 3:20 pm
Feb 08
Are Car-Pedestrian Accident Lawsu ...

Are Car-Pedestrian Accident Lawsuits Common
in MA?

In Massachusetts, car/pedestrian accidents are very common. Drivers
are inattentive, they're using their cell phone, they're texting,
they're on the radio - they're not paying attention to people that are
crossing the street. In Massachusetts, pedestrians have the right to
be in the crosswalk safely. If you've been struck down as a
pedestrian, you have the right to bring a claim against the person
that hit you. Posted on Monday, February 8, 2010 at 3:20 pm
Feb 08
New Hampshire E. Coli Wrongful De ...

New Hampshire E. Coli Wrongful Death Case

Mazow & McCullough, PC's E. coli lawyers were recently retained to
represent the Estate of a New Hampshire woman who ate ground beef
tainted with E. Coli. This wrongful death action resulted from Carolyn
purchasing ground beef from a New Hampshire supermarket in late
September 2009. She became ill in early October 2009 and spent nearly
thirty days suffering in a New Hampshire Hospital. While hospitalized,
Carolyn tested positive for E. coli O157:H7. Carolyn never went home
and died on October 30, 2009 Posted on Monday, February 8, 2010 at 3:20 pm

Rank This Ths Week: 2,586

massdefenseblog

Covers Massachusetts criminal defense. By Joseph Goldberg-Giuliano.

http://massdefenseblog.blogspot.com/

Sep 03
Five "Outside the Box" Supreme Co ...

Five "Outside the Box" Supreme Court Nominees

I know that in my last post I specifically called for a former public
defender for the Supreme Court. But since there is no chance in that
happening, I decided to put out five specific names, none of whom (to
my knowledge) are former public defenders. I believe that everyone
below is qualified, though I admit that they too have an icicle's
chance in hell of nomination. RALPH NADER-Legendary consumer rights
lawyer, also -ran Pros: Would be loads of fun in oral argument, would
immediately start national Posted on Thursday, September 3, 2009 at 3:33 am
Sep 02
Former Public Defender for Suprem ...

Former Public Defender for Supreme Court
Justice

I'm calling on President Obama to appoint a former public defender to
the United States Supreme Court. With rumors of Justice Stevens's
retirement abound, now is as good a time as ever to make my case.
First, I want to address the naïveté of this proposal. I understand
that sadly, we are in a political climate that makes such an
appointment basically impossible. Democrats and Republicans alike
continue to subscribe to the view that cheap platitudes about being
"tough" on crime and drugs will resonate more Posted on Wednesday, September 2, 2009 at 6:38 am
May 12
Crazy Cat Ladies Beware

Crazy Cat Ladies Beware

The smell of rotting carcasses creates an exigency that permits a
warrantless entry into a home. Commonwealth v. Erickson, 74
Mass.App.Ct. 172 (2009) When police responded to neighbor's complaints
of a barking dog, they came upon the defendant's home and found a
disgusting odor. After entering, "officers opened the refrigerator and
the kitchen cabinets and found forty-nine to fifty-one animal
carcasses and containers holding what appeared to be animal parts or
organs." Id. at 174. The officer reasonably Posted on Tuesday, May 12, 2009 at 1:54 am

Rank This Ths Week: 2,709

Drunk Driving Defense

Covers Massachusetts drunk driving laws. By Steven Green.

http://drunkdrivingdefense.wordpress.com

Aug 03
Friday Night - Flashing Lights!

Friday Night - Flashing Lights!

Friday night! One of my favorite nights of the week. Date night. A
chance to unwind, a chance to catch up with my wife. An opportunity to
relax over dinner…and a couple of drinks. Therein lies the potential
problem. After a particularly difficult week I look forward to going
to my favorite eating/drinking establishment. As we walk in the
bartender, who is a friend of ours, begins to make our drinks: Vesper
Martini's…glass filled to the brim. What if, in a moment of
exuberance, we order one more? Or perhaps Posted on Monday, August 3, 2009 at 11:42 am
Jul 21
Breathalyzer Test Failure/Conviction

Breathalyzer Test Failure/Conviction

Massachusetts has, what amounts to, a zero tolerance policy if you are
under 21 years old. You will fail the test if you record a .02 on a
breath test. Essentially, if you have any alcohol whatsoever, you will
fail the test. Consequences of failure? Loss of license for 180 days.
Over 21? The threshold for failure is .08. However, if you do fail the
consequences are loss of license for 30 days or until the case is
disposed of either by trial, dismissal or a plea. You should also know
that the vehicle will be Posted on Tuesday, July 21, 2009 at 10:42 am
May 21
Good Morning!

Good Morning!

Welcome to the Drunk Driving Defense blog! My intention in creating
this blog is to begin a dialogue. We will be discussing issues around
Massachusetts drunk driving laws. Who should be here? Everyone! This
is a blog for attorneys to discuss the issue and for layman to learn
about this issue. All points of view are encouraged and welcomed
Looking forward to chatting with you!! Posted on Thursday, May 21, 2009 at 12:14 pm

Rank This Ths Week: 2,915

Privacy Law and Policy

Covers privacy rights in civil, criminal and legislative matters. By
Kevin Whitaker.

http://www.privacylawandpolicy.com/

Feb 08
Children Deserve Laws That Protec ...

Children Deserve Laws That Protect Them From
Online Pedophiles, Not Laws, As Written, That
Serve to Invite Them In

The Massachusetts Supreme Judicial Court recently reversed four
indictments of Matt H. Zubiel for an attempt to disseminate matter
harmful to a minor, under M.G. L. c. 272, § 28, and as defined in
M.G. L. c. 272, § 31. Each indictment was based on Internet
conversations between Zubiel and an undercover police officer on
different days. Deputy Sheriff Melissa Marino, a member of the
"high-tech evidence analysis team" in the Plymouth County sheriff's
department, conducted undercover investigations of crimes, Posted on Monday, February 8, 2010 at 2:16 pm
Dec 26
Work Emails and Reasonable Expect ...

Work Emails and Reasonable Expectations of
Privacy - Is the Divide Ripening for the
Supreme Court

As indicated by my prior posts, You've Got Email, But Is It Private At
Work? and Is Einstein Reading Your Email for the Government?, the
questions and arguments about privacy and email are heating up. A
recent case in point covered by the ABA Journal in Martha Neal's
article, Prosecutor's E-Mail Sent to His Lawyer on a Work Account is
Privileged, Court Says, presents an interesting case. Here Neal
reports, A federal prosecutor's e-mail to his own lawyer is
privileged, even though he sent it from work on a Posted on Saturday, December 26, 2009 at 2:53 am
Dec 22
You've Got Email, But Is It Priva ...

You've Got Email, But Is It Private At Work?

Not that long ago I blogged, Is Einstein Reading Your Email for the
Government? The issue there was email and the government's argument
about its right to read it. In short, they suggest you don't have a
reasonable expectation of privacy in your email sent to (or read by)
government employees. In sum, while computer users generally have a
legitimate expectation of privacy in the content of Internet
communications (such as an e-mail) while it is in transmission, the
government argues there are things they Posted on Tuesday, December 22, 2009 at 3:08 pm

Rank This Ths Week: 2,999

Mass Appeal!

Covers appellate issues in the Commonwealth of Massachusetts and the
First Circuit Court of Appeals.

http://www.mattcameronlaw.com

Dec 21
Melendez-Diaz goes ballistic

Melendez-Diaz goes ballistic

Anyone who hated Melendez-Diaz v. Massachusetts now finds themselves
looking down the barrel of Commonwealth v. Hollister, App. Ct. No.
08-P-1080 (Nov. 17, 2009), in which the Appeals Court has reversed the
conviction of a defendant who did not have the opportunity to
cross-examine the technician who determined that the loaded gun at
issue was a "firearm." Melendez-Diaz was, of course, the most
important criminal law ruling from the Supreme Court's last term. As
I've already discussed (more than you ever Posted on Monday, December 21, 2009 at 12:00 am
Jul 23
Could Professor Gates have been c ...

Could Professor Gates have been convicted of
disorderly conduct?

So. Gatesgate.1 For as eminently debatable as this week's arrest of
Professor Henry Louis Gates and its aftermath may be for people who
are properly qualified to discuss the state of race relations in
America, I am not one of those people.2 But I have been excited to see
how much attention this story has brought to the Commonwealth's
colonial-era disorderly conduct statute, and this is as good a time as
any for us to review once again why its continued existence is nothing
but an embarassment to us all. Posted on Thursday, July 23, 2009 at 6:22 pm
Jul 02
HEY YOU GUUUUUYS!!!!!!!

HEY YOU GUUUUUYS!!!!!!!

So you've been caught stealing from The Electric Company.1 Your trial
and conviction were otherwise unremarkable, and you're short on good
issues for appeal. Might as well try this: The defendant lastly
contends that the electricity and the gas sold by NSTAR do not
constitute "property"… Commonwealth v. Catalano, No. 08-P-1340 (July
1, 2009) This is, of course, yet another appellate argument that
sounds totally crazy when you say it out loud. Sure, the appellant is
saying, maybe the electric company Posted on Thursday, July 2, 2009 at 9:30 am

Rank This Ths Week: 3,089

Consider the Risks

Covers insurance law issues. By Prince Lobel Glovsky & Tye.

http://www.princelobelinsuranceblog.com

Jul 02
Life After CADSI and Zurich - AG ...

Life After CADSI and Zurich - AG Equipment
Company v AIG Life

In the 2004 CADSI case, followed by the 2005 Zurich case, two separate
federal appeals courts held that where a stop loss policy incorporated
a benefit Plan Document by reference, the stop loss insurer's inquiry
into the propriety of the claim for purposes of determining its
obligations under the stop loss coverage was limited to the question
of whether the Plan Administrator had abused its discretion.[1] Plan
Administrators' discretion can be extremely broad and stop loss
insurers undoubtedly viewed the Posted on Thursday, July 2, 2009 at 12:34 pm
Jul 01
Ingenix and Ingenix Redux

Ingenix and Ingenix Redux

In 2007 and 2008 the New York Office of the Attorney General (OAG)
investigated complaints by consumers regarding how certain health
insurers set reimbursement rates for out-of-network services. The
investigation focused on large databases gathered from various
insurers and other entities by Ingenix, a wholly-owned subsidiary of
UnitedHealth Group, to create schedules widely used by the country's
largest insurers, including UnitedHealth, Aetna, CIGNA and Wellpoint,
as the benchmark for determining "usual Posted on Wednesday, July 1, 2009 at 7:43 am
May 18
The Privacy Risk Two Step: One St ...

The Privacy Risk Two Step: One State Step
Forward, Two Federal Steps Back?

In prior posts I have discussed Massachusetts' recent privacy statute,
GL 93H and associated regulations, and the likely impact of such laws
on the emerging privacy insurance market. Massachusetts is not alone
in legislating in this area, more than forty other states have enacted
similar legislation, although there are a number of substantive
variations among such statutes. On April 29, 2009 a bill was
introduced into the U.S. House of Representatives, H2221, the Data
Accountability and Trust Act. which Posted on Monday, May 18, 2009 at 12:34 pm

Rank This Ths Week: 3,148

Massachusetts Driving Law

Information on driving related legal issues for Massachusetts
residents, including drunk driving, speeding tickets, moving
violations, Junior Operators, Mature Drivers, license suspensions, and
hardship licenses. By Jessica A. Foley.

http://massdrivinglaw.typepad.com/massachusetts_driving_law/

Jun 01
Students and Crimes - even drivin ...

Students and Crimes - even driving can impact
your record!

If you are the parent of a high school or college student who gets
charged with a crime (or if you are a high school or college student)
you are probably worried about the effects will have on your future! A
criminal conviction can have an effect on your future! It can effect
your future job opportunities and even financial aid for college or
post graduate education. There are several possible outcomes of a
criminal charge, some will have a permanent effect and some will not.
Your case can be: 1. You can Posted on Monday, June 1, 2009 at 3:06 pm
Apr 21
Breath Test at Police Station do ...

Breath Test at Police Station do not
necessarily reflect BAC when driving.

You get pulled over, you take some field sobriety tests and consent to
a breath test. (NOTE: in Massachusetts you are not required to take a
breathalyzer or any field sobriety tests.) You take the Breathalyzer
and you blow a .10. You had a few drinks, and your last drink was
right before you left the bar. At the time you get pulled over, your
blood alcohol content (BAC) could actually be lower than it was when
you were driving. The funny (not in a laugh out loud sort of way, but
in an ironic sort of way) is Posted on Tuesday, April 21, 2009 at 5:58 pm
Mar 11
Junior Operators and Speeding.

Junior Operators and Speeding.

A question that has come up a lot in my practice recently is whether
or not a Junior Operator's license will be suspended for a moving
violation that is not speeding. The answer, after a lot of research,
basically ruling out all the alternatives is that the purpose of the
new Junior Operator Statute is to prevent teens from speeding. Other
moving violations, such as running a stop sign, expired inspection
sticker, or failure to yield do not carry with them an immediate
suspension. That being said, moving Posted on Wednesday, March 11, 2009 at 10:57 am

Rank This Ths Week: 3,159

One Law Blawg

Covers legal developments, trends and technology. By Jay Roncone.

http://onelawblawg.blogspot.com/

May 20
Facebook and Other Sites vs. Alumni

Facebook and Other Sites vs. Alumni

May 20, 2009. (I) begrudgingly attended my 25th high school reunion
recently. I really did not want to go. A couple friends bugged me so I
went. I really only keep in touch with one or two friends from high
school. The rest, from the small New England prep school my parents
sent me to, are scattered all over the globe. I hadn't heard from many
for years and years, until I got a Facebook account. People who I had
not seen or spoken to since high school or college were popping up. I
was getting multiple Posted on Wednesday, May 20, 2009 at 7:33 am
Feb 23
Take a Breathalyzer ? It depends. ...

Take a Breathalyzer ? It depends...can you
afford not to?

May 13, 2009. If someone knows I am a criminal lawyer, invariably I'm
asked. Most likely, its at a bar (ironic I know) or a restaurant --
often with a beer in hand (even more so). "Hey, you're a lawyer....
should I take the breathalyzer if I get pulled over?" My usual retort
is just as brazen "Hey buddy, you get what you pay for..." Besides, I
don't usually have enough time to go over all the variables and
contingencies that go into giving a proper answer. I want to finish my
beer! The answer really does Posted on Monday, February 23, 2009 at 2:41 pm
Feb 13
Ashley Madison.com ... Good for B ...

Ashley Madison.com ... Good for Business?

February 13, 2009. So, it's nearly Valentines Day. The roadsides are
strewn with vendors pawning flowers that may or not live the weekend.
Couple are planning the most expensive meal out of the year. Hallmark
is trying to get me to buy a $ 5.00 dollar greeting card that plays
80's music or Homer Simpson burping. Its such a romantic time of the
year. Not too long ago, I remember hearing stories from my parents
about how they met. I think my father first saw my mother in church
one day. My grandfather, so the Posted on Friday, February 13, 2009 at 8:33 am

Rank This Ths Week: 3,165

Working the Law: News and Views on

Working the Law: News and Views on Employment
Issues

Covers Massachusetts employment law issues such as employment
discrimination, sexual harasment and wrongful discharge. By Jack
Merrill.

http://framinghamlegal.com

Jan 31
Health Insurance Subsidy for Empl ...

Health Insurance Subsidy for Employees
Expands

The federal government has extended the subsidy for health insurance
expenses for employees who are involuntarily separated from their
jobs. The law, which was enacted in February 2009 as part of President
Obama's Recovery Act, now requires employers to pay 65% of health
insurance continuation costs for employees they terminate prior to
February 28, 2010. It provides up [...] Posted on Sunday, January 31, 2010 at 12:31 am
Dec 22
Preventing Identity Theft - The N ...

Preventing Identity Theft - The New Employer
Duty

A tough new data protection law is on the books and will soon require
virtually all Massachusetts businesses to implement comprehensive
policies to protect against identity theft. The statute applies so
broadly that employers of every size and shape will be subject to it.
All must create, implement, monitor and regularly update internal data
protection procedures and [...] Posted on Tuesday, December 22, 2009 at 12:52 pm
Oct 19
Court Clarifies Punitive Damages ...

Court Clarifies Punitive Damages Guidelines

In a ruling that may be useful to Massachusetts employers, the Supreme
Judicial Court in October made clear that puntive damages can only be
awarded to discrimination plaintiffs when their employer's conduct is
"outrageous or egregious." Punitive damages are, after all, available
only to punish bad actors, not to permit windfall awards to
discrimination victims who [...] Posted on Monday, October 19, 2009 at 6:36 am

Rank This Ths Week: 3,246

The Divorce Collaborative

Covers Massachusetts family law, divorce mediation and collaborative
divorce. By Wagner McDonough LLP.

http://www.divorcecollaborative.com

Dec 22
How Much Will Divorce Mediation C ...

How Much Will Divorce Mediation Cost? (Part
One) by Steve McDonough, Esq.

I just flew back from a conference at Walt Disney World and boy are my
arms tired (please stop groaning, I know that is a very old joke)! One
of the sessions was about blogging topics, and writing about
frequently asked questions was encouraged. Thus, I am embarking on
some blog posts that address questions that are asked, well,
frequently. The answers to some FAQs may not be as straightforward as
one might think or as prospective clients might desire. For example,
people always ask where I get my good Posted on Tuesday, December 22, 2009 at 2:11 pm
Dec 22
Part 2 - How Much Will My Divorce ...

Part 2 - How Much Will My Divorce Mediation
Cost? by Steve McDonough

If you did not have a chance to read Part One about the range of fees
for divorce mediation, please do so or be prepared to be confused. The
answer is X-Rays. Yes, that is right, X-Rays. My dentist can see what
is going on underneath the surface of my tooth and has a clear picture
of what is involved. The roofing contractor can only see the outer
layer of shingles, but cannot tell what lurks beneath the surface.
Perhaps there is rotten plywood that needs replacement, or perhaps
not. Either way, the roofing Posted on Tuesday, December 22, 2009 at 2:11 pm
Dec 22
Free Divorce Seminar on Wednesday ...

Free Divorce Seminar on Wednesday, December 9
at TDC

Just a reminder that The Divorce Collaborative will be sponsoring a
free seminar on Wednesday, December 9th at 7:00 pm, at our offices
located at 77 Main Street, Medway, MA. For more information and to
register, please visit the info box to the right. We are pleased to
have Dr. Sandy Portnoy, noted divorce coach and therapist, joining us
to discuss the effects of divorce on kids, among other things. The
next monthly seminar date is January 6, 2010. Seminars are conducted
on the 2nd wednesday each month at Posted on Tuesday, December 22, 2009 at 2:11 pm

Rank This Ths Week: 3,335

The E-Legal Lawyer

Covers small business, cyber law and employment law issues. By Michael
Goldstein.

http://www.goldsteinandclegglaw.com/Employment_Law_Blog

Dec 11
CASES THE EMPLOYER FAILED TO HIRE ...

CASES THE EMPLOYER FAILED TO HIRE AN EMPLOYEE
AS A RESULT OF NOT JOINING A UNION

Employees shall have the right to self-organization, to form, join, or
assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual
aid or protection. 29 U.S.C.A. §157. As we read the section it means
that an employer may not require an applicant for work, as a condition
to accepting him for employment, to join or to resign from a union,
nor insert in the contract of Posted on Friday, December 11, 2009 at 9:30 am
Dec 11
Teen Girls the subject of Sexual ...

Teen Girls the subject of Sexual Harassment

The press as well as employment lawyers have significantly educated
the American public as to the problem of sexual harassment in the
workplace. Many adults were subject to sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature
which had the purpose or effect of unreasonably interfering with an
individual's work performance by creating an intimidating, hostile,
humiliating or sexually offensive work environment. However, over the
past few years, the general Posted on Friday, December 11, 2009 at 9:30 am
Dec 11
Employees who engage in sexual ac ...

Employees who engage in sexual activity at
work can still claim Sexual Harassment

A central issue that many Plaintiff's face in bringing claims for
sexual harassment in the workplace is whether they were actually
offended. More specifically, when a Plaintiff has engaged in conduct
at work that may be construed as sexual in nature, whether it be
sending sexually explicit emails, viewing pornography at work on their
workstation or other similar conduct. The question that must be asked
is whether such a person can assert a claim for sexual harassment and
survive the Defendant's challenge Posted on Friday, December 11, 2009 at 9:30 am

Rank This Ths Week: 3,344

Family Law Practice

Discusses collaboration, mediation and a reasoned approach to divorce.
By Steven Green.

http://masscollaborativelaw.wordpress.com

Oct 27
Paternity

Paternity

I am a father. There is no denying it. There is no getting away from
it. It defines who I am. I am a Daddy! In fact, I have been a daddy
longer than I have been anything else. OK, yes, I have been alive
longer than I have been a daddy…I just don't remember a "before"
time! And, YES, I have not even been married longer than I have been a
daddy. (Incidentally, I have three gorgeous daughters, grown and,
thankfully (forgive me girls:), out of the house. I share my bona
fides with you because of a client who Posted on Tuesday, October 27, 2009 at 11:09 am
Oct 01
Can I Move My Children Out-of-State?

Can I Move My Children Out-of-State?

I was watching one of the new seasons television shows the other
night. "Lie to Me" is one of those fast paced, science based, programs
that I find irresistible. I also have a hard time leaving my work at
the office. Why? Seems that the protagonist on the program is
divorced. He and his ex have one child that appears to be a teenager.
The mother wants to start a new business - a law practice! -
out-of-state. She simply tells her ex, the father of the child, that
she is taking their daughter with her. Can Posted on Thursday, October 1, 2009 at 12:52 pm
Aug 25
Stepparent Rights

Stepparent Rights

Until Massachusetts passed a new law this year, even though
stepparents may provide emotional and financial support to their
stepchildren, they had no legal rights with regard to them. They were
not able to authorize medical, dental, or surgical treatment, sign
permission slips for school activities, or make any other decisions
that would enhance the child's educational experience. It seemed that
the best a stepparent could hope for was to take the child to after
school activites, cook dinner and clean Posted on Tuesday, August 25, 2009 at 12:32 pm

Rank This Ths Week: 3,371

Museum Law Blog

Covers issues in museum law, including deaccession and intellectual
property.

http://museumlaw.wordpress.com

Aug 26
Twitter Squatting - A Growing Concern

Twitter Squatting - A Growing Concern

Recently a client of mine forwarded an email it received from a
Twitter user which read in part "I have been told that your company
uses the ___________ name in its ordinary course of business. I happen
to own the _____ name and would be willing to sell this name to you at
a mutually agreeable price." It turns out that the Twitter user had
registered a Twitter name that was identical to a long standing
federally registered trademark of my client. Such a phenomenon appears
to be growing. In May of this year Posted on Wednesday, August 26, 2009 at 1:20 pm
Aug 26
Deadline Extended: March 1, 2010 ...

Deadline Extended: March 1, 2010 Proposed New
Deadline for Data Seucity Compliance (MA)

Once again, businesses handling the personal information of a
Massachusetts resident have been granted an extension to comply with
the Massachusetts Data Security Regulations. The proposed new deadline
for compliance is March 1, 2010. Personal information is defined as
first name (or initial) and last name, combined with social security
number, bank account number, credit card number or other financial
account number. On August 17, 2009, the Office of Consumer Affairs and
Business Regulation (OCABR) Posted on Wednesday, August 26, 2009 at 12:38 pm
Aug 26
The Artful Benefits of the 1031 E ...

The Artful Benefits of the 1031 Exchange

Often, museums are fortunate enough to acquire a piece of artwork or a
full collection at a wonderfully low price. Sometimes equally as
wonderful, the artwork or collection may suddenly experience a
dramatic rise in value, especially in a volatile market environment.
Such a confluence of good luck can be extremely beneficial for a
museum. However, such bounty can sometimes turn into a fiscal
nightmare should a museum wish to sell an appreciated piece of artwork
or entire collection. For example, Museum A Posted on Wednesday, August 26, 2009 at 12:34 pm