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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/

Nov 20
Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys

When shopping for kids' toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of "most dangerous toys" because of the injury risks that WATCH says the items pose: &#xe2€&#xa2 Spy Gear Viper Blaster: May cause eye injuries. &#xe2€&#xa2 Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries. &#xe2€&#xa2 Cat "Rugged" Mini: Toy construction vehicle comes with... Posted on November 20, 2009 at 04:22 pm by Altman & Altman
Nov 17
Woman Files Massachusetts Wrongful Death Lawsuit Accusing Yarmouth Police Officer of Using Excessive Force to Apprehend Boyfriend

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit. At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn't stop the vehicle. Campos says her boyfriend, a Brazilian national, wanted to avoid arrest... Posted on November 17, 2009 at 08:14 pm by Altman & Altman
Nov 14
Massachusetts Dog Attack: English Bulldog Seriously Injures 77-Year-Old Woman

A 77-year-old Wollaston, Massachusetts woman sustained serious bite injuries when she was attacked by an English bulldog outside her home. The dog, which will be put down, belongs to a neighbor. This was the second time the animal had bitten the elderly victim. Lee Salvucci bitten on her arms and left leg during the dog mauling. Her backyard is next to the dog owner's yard and there is no fence separating the two properties. The dog, named Cooper, managed to attack Salvucci after chewing... Posted on November 14, 2009 at 04:51 pm by Altman & Altman

Rank This Week: 136

HealthBlawg :: David Harlow's...

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/

Nov 18
Health Care Social Media Legal Issues and Strategy Webinar

Today's HIPAA and Your Social Media Strategy webinar, which I presented together with Jamie Verkamp of (e)Merge, was a success. We had a good turnout, interesting questions and engaging discussion. Here is a version of the slide deck I used today, complete with links to other useful resources here at HealthBlawg and elsewhere on the web. Social Media In Health Care Legal IssuesView more presentations from DavidHarlow. Jamie and I will be repeating this webinar in two weeks, on December 2 , at... Posted on November 18, 2009 at 11:18 am by David Harlow
Nov 18
An ounce of prevention

Today's Boston Globe reports on a feature of the Massachusetts universal health care law that may be replicated at the national level: MassHealth -- the Massachusetts Medicaid program -- has been covering the costs for smoking cessation counseling and medications for eligible enrollees. Using the data available, researchers were able to associate the roll-out of these services with a significant drop in smoking rates -- a drop not seen among the small percentage of Bay Staters who remain... Posted on November 18, 2009 at 08:55 am by David Harlow
Nov 16
Son of HIPAA Breach Notification Rules and Business Associate Requirements: Who's Ready?

HIMMS Analytics surveyed about 250 hospital and business associate representatives, and came up with some figures to back up what we all knew in our hearts: Most hospitals are gearing up for compliance with the HITECH Act / Son of HIPAA data security and breach notification requirements, but many experience data breaches -- about half of hospitals surveyed in the past year -- and business associates lag behind hospital in awareness and preparedness for compliance with new business associate... Posted on November 16, 2009 at 09:23 pm by David Harlow

Rank This Week: 289

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/

Nov 16
Genetic Information Nondiscrimination Act (GINA)

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: [www.nytimes.com] On November 21, 2009, the Genetic Information Nondiscrimination Act takes effect for all employers with 15 or more employees and on December 7, 2009, the Act takes effect for insurers. GINA forbids certain discrimination on the basis of genetic information and the collecting and sharing of certain genetic... Posted on November 16, 2009 at 11:38 am by David Conforto
Nov 5
Massachusetts Supreme Judicial Court clarifies standard for punitive damages in disparate treatment and hostile work environment cases

Generally, there are four components to the damages in a workplace discrimination case under G.L. c. 151B, Massachusetts' main workplace civil rights statute: front pay (the amount by which someone's future earnings are reduced by discrimination), back pay (the plaintiff's lost income from the time of the discrimination up to a jury verdict), emotional distress damages and attorney's fees. These damages are compensatory damages, designed to compensate the victim of discrimination for the actual... Posted on November 5, 2009 at 11:27 am by David Conforto
Nov 5
Computer Fraud and Abuse Act Being Used Against Employees

A law Congress passed to deter computer hackers is now being wielded by corporations in litigation against their former employees. The broad scope of this law is now on display in federal court here in Massachusetts. The Computer Fraud and Abuse Act ("CFAA") is a federal law that establishes civil liability for anyone who: "...knowingly and with the intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the... Posted on November 5, 2009 at 10:19 am by David Conforto

Rank This Week: 308

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 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... Posted on July 13, 2009 at 07:35 am by Kevin P. Whitaker
Jul 11
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... Posted on July 11, 2009 at 07:49 am by Kevin P. Whitaker
Jul 1
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 July 1, 2009 at 05:32 pm by Kevin P. Whitaker

Rank This Week: 351

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

Jun 11
“STOP PUTTING CLAUSES INTO YOUR CONTRACTS THAT SAY YOU CAN AMEND THE CONTRACT AT ANY TIME IN YOUR SOLE DISCRETION BY POSTING THE REVISED TERMS TO THE WEBSITE” . . .

&#xe2€&#xa6 says Professor Eric Goldman, in his apologetically belated comments on Harris v. Blockbuster Inc., (N.D. Tex. April 15, 2009). I discussed this case briefly in April, shortly after the decision was published. To reprise, the court held that an arbitration clause in Blockbuster's online t's and c's was unenforceable because Blockbuster was permitted to unilaterally amend the contract without notice. Prof. Goldman's take on it (in addition to the title of this post), is - This language has a... Posted on June 11, 2009 at 05:23 am by Lee.Gesmer
Jun 9
Google’s Antitrust “Charm Offensive” and Consumer Watchdog.Org’s Response

Surely, Google doesn't want to go through what so many dominant companies in the U.S. have had to suffer - government antitrust scrutiny, in the form of merger/joint venture challenges and even, God forbid, a Microsoft-like monopolization suit. For better or worse, intensive antitrust scrutiny is the price of success in the U.S., and while it can't be avoided altogether, perhaps it can be minimized. Or so Google hopes. To that end, Google has made available a webinar entitled "Google,... Posted on June 9, 2009 at 04:58 am by Lee.Gesmer
Jun 8
“No, You May Not Buy a Judge,” Supreme Court Rules

"Turn it over, and turn it over, for all is therein." The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935), quoted in Justice Scalia's dissent in Caperton v. A.T. Massey Coal Co. ------ In mid-March I wrote a post about the decision facing the Supreme Court in Caperton v. A.T. Massey Coal Co. The issue was whether a state court judge's failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due... Posted on June 8, 2009 at 10:09 am by Lee.Gesmer

Rank This Week: 352

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/

Nov 19
A Night Out In Boston Results In Charges Of Rape, Attempted Murder And The Need For A Lawyer

Chris W., a 22-year-old Hanson man (hereinafter referred to as the "Defendant") spent some time in court this week and undoubtedly got to meet a nice new criminal defense attorney. The visit was occasioned by some pretty serious felony charges. You see, apparently the Defendant and a young lady (hereinafter, the "Complainant") went to Boston Saturday night. They went back to Hanson later and that is where the trouble is said to have started. Apparently, the Complainant and the Defendant had an... Posted on November 19, 2009 at 01:47 am by Altman & Altman
Nov 18
Woman Charged with Kidnapping Elizabeth Smart Pleads Guilty and Says Sorry

Wanda Eileen Barzee, the woman charged with kidnapping teenager Elizabeth Smart in 2002, has pleaded guilty to federal charges of unlawful transportation of a minor and kidnapping. The 64-year-old says she will plead guilty to state charges of conspiracy to commit aggravated kidnapping. At her court hearing on Tuesday, Barzee issued an apology to Smart for the role she played in the teenager's abduction. As part of Barzee's plea agreement, she will help prosecutors with their federal and state... Posted on November 18, 2009 at 09:26 pm by Altman & Altman
Nov 18
Charged With Embezzlement, Massachusetts Official Faces Felony Charges Of Larceny

Joseph L., 43, of Derry, New Hampshire, (hereinafter, the "Defendant") was once a happy and successful man. A father of five, he built himself up from obscurity in Brockton to the purchasing director for North Andover, Massachusetts. Now, divorced and placed on leave, he is in need of a criminal defense attorney. A court-appointed defense attorney, in fact. The week began with his turning himself in to North Andover police upon learning that there were warrants out for his arrest. According to... Posted on November 18, 2009 at 04:03 am by Altman & Altman

Rank This Week: 449

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 4
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 November 4, 2009 at 01:27 am by Steven Ballard
Oct 5
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 October 5, 2009 at 12:04 pm by Steven Ballard
Sep 29
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 September 29, 2009 at 03:07 am by Steven Ballard

Rank This Week: 483

Real Estate Space

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

http://realestatespace.blogspot.com/

Feb 23
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 February 23, 2009 at 01:00 am by Doug Cornelius
Feb 14
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 February 14, 2009 at 01:57 am by Doug Cornelius
Feb 5
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... Posted on February 5, 2009 at 11:38 pm by Doug Cornelius

Rank This Week: 574

Boston ERISA & Insurance...

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/

Nov 20
Two Farmers Walk Into a Trial . . . .

Well, just finished a trial, which has kept me from posting for a week or two, and I don't have anything substantive to say about the topics of this blog today. I thought, though, that I would share a humorous anecdote told by a witness at my trial, who used it to illustrate a defendant's habit of raising serial defenses, one after the other, and each less plausible than the one before: Two farmers live next door to one another. One farmer has a cabbage, the other farmer has a goat. They wake... Posted on November 20, 2009 at 10:33 am by Stephen D. Rosenberg
Nov 5
The Case of the Billion Dollar Typo

Well, I'm getting ready for a trial, so I certainly don't have time to read a 105 page ruling on reformation of ERISA governed benefit plans, and I suspect you don't either. Fortunately for both of us, here's a great one page article on a new major decision finding that a scrivener's error - one worth $1.6 billion to the plan participants - can be reformed out of a plan, years after the plan was written and put into effect. Only question I have, is if the lawyers can't always get it right when... Posted on November 5, 2009 at 07:49 am by Stephen D. Rosenberg
Nov 2
Hecker, Fees and A Broad Public Market

To me, intellectually, all roads lead to Hecker right now, as the sort of touchstone around which all thinking about fiduciary obligations and the amounts of fees charged in 401(k) plans must revolve. Hecker, of course, found not only that a broad range of offering meant that marketplace discipline guaranteed appropriate fees, but also that this could be determined at the motion to dismiss stage. This whole question of whether a broad marketplace for mutual fund offerings can be counted on to... Posted on November 2, 2009 at 09:20 am by Stephen D. Rosenberg

Rank This Week: 582

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/

Sep 14
What to Pack for a Trip to the Hospital

As people get older and sicker, they may find themselves going to the hospital more frequently - either for planned appointments or emergencies. Being prepared for these visits can go a long way towards making them less stressful. Here is a list of things to remember: A copy of your health care proxy, A copy of your HIPAA release, A copy of a Do Not Resuscitate Order if you have one, Health insurance cards (Medicare, Medicaid, supplemental insurance) Glasses, hearing aids, dentures, Supply of... Posted on September 14, 2009 at 06:18 am by Leanna Hamill
Sep 1
Action Item - Write It Down

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Write It Down One of the best gifts you can give your loved ones, is the gift of being organized and having one place where all your financial information is written down. You... Posted on September 1, 2009 at 07:17 am by Leanna Hamill
Aug 25
Action Item - Start Writing Your Letter of Intent

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Start Writing Your Letter of Intent for Your Child With Special Needs You know the importance of having a letter of intent for your child with special needs, but maybe you've... Posted on August 25, 2009 at 05:49 am by Leanna Hamill

Rank This Week: 635

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 1
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:... Posted on June 1, 2009 at 03:06 pm by Jessica Foley
Apr 21
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... Posted on April 21, 2009 at 05:58 pm by Jessica Foley
Mar 11
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... Posted on March 11, 2009 at 10:57 am by Jessica Foley

Rank This Week: 768

Massachusetts Bankruptcy Blog

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

http://www.goldsteinandclegglaw.com/bankruptcy_blog

Nov 19
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... Posted on November 19, 2009 at 03:39 pm by info
Nov 8
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... Posted on November 8, 2009 at 05:25 am by info
Nov 5
How to Remove a Judgment Lien from your property

Many homeowners have found themselves in the position of owing money on a debt which they simply can not pay back, or have been sued by someone and failed to respond to the law suit. When this happens, the Plaintiff often will attempt to collect on their judgment by putting a lien on the homeowner's property. Many of my bankruptcy client's have come to me with just such a situation. This becomes an issue after a consumer's unsecured debts have been discharged in bankruptcy. The reason is... Posted on November 5, 2009 at 12:47 pm by info

Rank This Week: 901

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/

Nov 17
Massachusetts Legislature May Allow Juries To Decide Sex Offenders’

Not that many people outside of the criminal defense profession or the criminal justice system are aware of this, but in Massachusetts, once a convicted sex offender's prison sentence is finished, the story isn't necessarily over. You see, once a convict's criminal sentence for a Massachusetts sex offense has been completed, the state has the right to seek an (involuntary) civil commitment of that person, if in the Commonwealth's opinion, that person continues to pose a threat to the public if... Posted on November 17, 2009 at 01:23 am by William D. Kickham
Nov 1
Arrested In Massachusetts? Police Can’t Answer Your Cell Phone

Here's an interesting case that might fall under the tagline, "Don't answer that phone!" In a case that illustrates occasional over-reaching by police officers in their attempts to secure evidence of criminal wrongdoing, a Massachusetts Superior Court judge recently ruled that evidence, obtained by police officers who answered a defendant's cell phone while he was being booked, cannot be admitted as evidence against that defendant. It's a case that some people might say warranted the admission... Posted on November 1, 2009 at 05:28 pm by William D. Kickham
Oct 21
Massachusetts High Court Rules Against D.A.'s Use of Inmates' Recorded Conversations - Part 2 of 2

In my previous post, I discussed a recent Massachusetts Supreme Judicial Court (SJC) ruling, concerning the admissibility of jail inmates' recorded phone conversations. More accurately put, the decision concerns not so much the admissibility of these recordings in and of themselves, but in how the recordings must be obtained by prosecutors, before the recordings will be allowed as admissible. The court's unanimous decision ruled that in prosecutors unilaterally drafting and presenting this... Posted on October 21, 2009 at 11:12 pm by William D. Kickham

Rank This Week: 1001

The E-Legal Lawyer

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

http://www.goldsteinandclegglaw.com/blog

May 8
Teen Girls the subject of Sexual Harassment

On our employment law blog, Attorney Michael Goldstein has posted a very interesting article regarding sexual harassment in the workplace and how the practice of such has shifted from adults to part-time teenage employees. It demonstrates how retail stores, restaurants and other outlets found in the malls throughout the country need to be more proactive [...] Posted on May 8, 2008 at 04:34 pm by info
Apr 18
Bankruptcy relief from student loans

Although this blog primarily deals with cyber law and small business issues, many of our readers and subjects of blog articles come from a place where they have amassed immense student loans. As such, one of our attorney's, Michael Goldstein has drafted a very poignant article on our Massachusetts Bankruptcy Blog detailing, bankruptcy relief [...] Posted on April 18, 2008 at 05:34 pm by info
Mar 20
How business owners can obtain a prejudgement attachement

An attachment is a prejudgment security device available to a creditor seeking to recover money damages and is used to encumber the debtor's property during the pendency of the lawsuit. Mass. R. Civ. P. 4.1. Among the types of property subject to attachments are real property, personal property (including liquor licenses), and property of the [...] Posted on March 20, 2008 at 04:49 pm by info

Rank This Week: 1153

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 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... Posted on April 17, 2007 at 12:44 pm by Administrator
Feb 13
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: Posted on February 13, 2007 at 09:51 am by Administrator
Jan 24
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."... Posted on January 24, 2007 at 07:30 am by Administrator

Rank This Week: 1188

Massachusetts Personal Injury Blog...

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/

Nov 16
Things to Ask a Personal Injury Lawyer at the Initial Meeting

Here are some things to ask when consulting with a personal injury lawyer: 1) What percentage of the recovery will you take if there is a settlement or verdict? (33% is standard); 2) Do you focus solely on personal injury cases, or do you take on other cases as well? 3) How long have you been practicing law? 4) Have you ever brought a case to trial? If so, how many? What was the result? 5) Would it be you, or an associate, or a paralegal that would be handling my case? 6) Have you ever worked... Posted on November 16, 2009 at 04:26 pm by ChristopherFEarley
Nov 11
Scarring and the Importance of Professional Photography

Whenever I have a client who has been injured in an accident, and sustained scarring from the accident, I usually hire a professional photographer to document the scarring. If you expect to be compensated fairly for the scar(s), the only way to convince an insurance adjuster to pay you fair and reasonable value is through a professional and intelligent photography session, by a professional. I usually wait at least six months - and sometimes up to a year - after the client's accident to hire a... Posted on November 11, 2009 at 06:28 am by ChristopherFEarley
Oct 24
'How long do I have to sue in Massachuetts for injuries from a car accident?'

Generally, you have three years from the date of the accident to bring a lawsuit in Massachusetts for injuries sustained in an auto accident. There are exceptions however, such as a two year statute of limitations for claims stemming from accidents involving MBTA vehicles. Also, if you live in Massachusetts and your auto accident was in a different state, then that state's laws apply. Not all states have a three year statute of limitations like Massachusetts does. Posted on October 24, 2009 at 11:50 am by ChristopherFEarley

Rank This Week: 1218

Saunders & Silverstein Blog

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

http://massiplaw.com/massiplaw/blog/

May 30
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 May 30, 2009 at 06:08 am by Aaron Silverstein
May 29
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 May 29, 2009 at 09:06 am by Aaron Silverstein
Apr 25
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... Posted on April 25, 2009 at 10:30 am by Aaron Silverstein

Rank This Week: 1364

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://lhamillattorney.typepad.com/main/

Nov 16
Holiday Time - Checking In With Your Aging Parents

If you are returning home this holiday season to spend time with aging relatives, take a few minutes to check things out and make sure they are still safe at home. You don't need to make a big production out of it, but here are some things to keep an eye out for: Is there adequate lighting inside and out to prevent falls? Is the refrigerator stocked with food? Is any of it spoiling? Are there any throw rugs that could cause falls? Is their mail piling up unopened? Are your normally tidy parents... Posted on November 16, 2009 at 01:09 pm by Leanna Hamill
Nov 3
I Have a Trust. Why Do I Still Need a Power of Attorney?

I am often asked by my clients, "if I have a trust that is going to allow for the management of all my property, why do I still need a durable power of attorney?" The durable power of attorney, in addition to allowing your agent to manage your non-trust property, also allows the agent to act on your behalf in many different scenarios where the powers of the trustee do not apply: Filing tax returns and otherwise dealing with the Internal Revenue Service, Applying for public benefits, and filing... Posted on November 3, 2009 at 06:46 am by Leanna Hamill
Oct 7
Advance Directives For Mental Illness

Most people know that they should have an advance directive or living will in place in the event of a serious illness or injury, so that their loved ones will know what their wishes are. I wondered recently if similar advance directives exist for people with mental illness, so they can state their wishes for care when their illness worsens. Mary Ellen Copeland, a mental health advocate, has designed such a plan. The Wellness Recovery Action Plan (0r WRAP) is an advance directive for people with... Posted on October 7, 2009 at 12:21 pm by Leanna Hamill

Rank This Week: 1456

Immigration Blog

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

http://blog.immigrantconnect.com

Nov 21
WILL HEALTH CARE REFORM PAVE THE WAY FOR COMPREHENSIVE IMMIGRATION REFORM?

Tonight the US Senate will be voting to debate the controversial Health Care Reform bill. This is another step toward passage of an overhaul of the nation's health insurance system. Just weeks ago, critics contended that it was next to impossible for this to occur. Meanwhile, on the immigration front, advocates and some members of congress are hard at work holding meetings and moving forward with plans for comprehensive immigration reform. USCIS is preparing for millions of additional... Posted on November 21, 2009 at 05:08 pm by Bradley Maged
Nov 20
PERM UPDATE

It seems that my most popular blog entries seems to be the anecdotal and rarely official information relating to the DOL's PERM program and in particular the time lines for the agency to adjudicate applications. Below is the latest I have found. 1. New PERM ETA 9089 Form and system expected to be launched on July 1, 2010; 2. The percentage of employer applications for permanent labor certification resolved within six months of initial filing is 17% for the quarter ending 6/30/09 as compared... Posted on November 20, 2009 at 11:32 am by Bradley Maged
Nov 19
25,000 H-1B INSPECTIONS PLANNED

According to an article on computerworld.com: "U.S. immigration officials are taking H-1B enforcement from the desk to the field with a plan to conduct 25,000 on-site inspections of companies hiring foreign workers over this fiscal year." Inspections are conducted by contractors who may ask to: tour the business, view employee documentation, ask questions of the H-1B petition signatory and/or the beneficiary. The government is of the opinion that they are entitled to conduct these inspections... Posted on November 19, 2009 at 06:33 pm by Bradley Maged

Rank This Week: 1699

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/

Nov 20
Framingham, Massachusetts man charged with domestic assault and battery

A Framingham, Massachusetts man, Welerson D. Dos Santos, was charged with domestic assault and battery and threats to commit a crime. According to the news account, the dispute arose as Dos Santos and his wife were arguing about whether he is the biological father of one of his wife's children. The news report indicates that Dos Santos then threatened his wife's family if she tried to put him back into the court system and pushed his wife. Dos Santos was released on his promise to appear in the... Posted on November 20, 2009 at 10:43 pm by Michael DelSignore
Nov 18
Drug and Gun charges brought out of the Framingham, Massachusetts district court

Two individual charged with possession of drugs and guns after police execute a search warrant of their residence. According to the news report, Ashland, Massachusetts police charged Daniel LaRouche and Adam Voyer with illegal possession of a gun, illegal possession of ammunition and distribution of marijuana. In any Massachusetts drug charge involving a search warrant, it is important to hire an experienced Massachusetts criminal lawyer to review the warrant to determine if there was probable... Posted on November 18, 2009 at 10:10 pm by Michael DelSignore
Nov 16
Three individuals charged with larceny in Dedham, Massachusetts

Dedham, Massachusetts police made arrests on larceny and unlawful use of a credit card charges on Monday, October 26, 2009. According to a news report, a three individuals found a student's wallet on the commuter rail and decided charge $888 to the Visa credit card. Police said the purchases were made at City Sports, the Gap and Levi Strauss & Co. at Legacy Place. Officers Joshua Blaney and Keith Strong went to City Sports at about 5:55 p.m. on Monday, Oct. 26 after getting a report of a... Posted on November 16, 2009 at 05:10 pm by Michael DelSignore

Rank This Week: 1747

Massachusetts DUI Attorney Blog

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

http://www.massachusettsduiattorneyblog.com/

Nov 20
Hingham woman faces Massachusetts OUI charge after six car accident

A Hingham, Massachusetts, motorist, Hayley Damp, faces a Massachusetts OUI charge after causing a six car accident. According to the news accounts, after causing the accident Damp kept her foot on the gas pedal. While on the surface the case appears challenging to defend, it interesting aspect of the case may be the basis that the police had to search the soft sided cooler. Under a recent case decided by the United States Supreme Court, Arizona v. Gant, police officers are not permitted to... Posted on November 20, 2009 at 10:29 pm by Michael DelSignore
Nov 18
New York legislature considering DUI statute similar to Massachusetts OUI child endangerment law

The New York legislature is considering passing a child endangerment statute similar to the one adopted by the Massachusetts legislature. Under Massachusetts OUI law, Chapter 90 Section, 24V, any OUI charge while a child is present in the car who is under 14 will result in a motorist being charged with OUI child endangerment. This offense is taken very seriously by Massachusetts judges and could result in the imposition of jail time and will result in a one year loss of a Massachusetts driver's... Posted on November 18, 2009 at 10:57 am by Michael DelSignore
Nov 15
officer's false DUI police report confirms the importance of hiring an experienced Massachusetts OUI lawyer

A Chicago police officer is alleged to have fabricated DUI charges. According to the news accounts, the officer Richard Fiorito allegedly fabricated DUI charges against gay motorists. Fiorito's conduct came to light as a result of police car cameras contradicting his police report stating that the operator was driving erratically. The officer fabricated DUI charges in order to earn greater overtime pay as a result of having to testify in court. While most police officers are honest, some police... Posted on November 15, 2009 at 05:07 pm by Michael DelSignore

Rank This Week: 1748

Massachusetts Workers'...

Massachusetts Workers' Compensation Lawyer Blog

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

http://www.massachusettsworkerscompensationlawyerblog.com/

Nov 20
Authorities Investigating Fatal Construction Accident

A construction accident at a performing arts center killed one construction worker and seriously injured another earlier this month. The fatal construction accident occurred at the site of the future Kauffman Center for the Performing Arts in Kansas. According to police, a 35-year-old worker died, and a 30-year-old worker was in serious but stable condition after the lift carrying the two tipped over. They were about 50 feet off the ground at the time fo the accident, and construction was... Posted on November 20, 2009 at 08:55 am
Nov 12
Alleged Safety Violations At Massachusetts Worksites Lead to OSHA Fines

A New England contractor with worksites in Massachusetts, Connecticut, and Rhode Island, was recently cited by the Occupational Health and Safety Administration (OSHA) and faces a total of $308,500 in new proposed fines. Two recent inspections of the company's worksites in Methuen and Plymouth uncovered numerous hazards, including untrained fork truck operators, lack of fall protection for workers at heights greater than six feet, improperly constructed and uninspected scaffolds, and a lack of... Posted on November 12, 2009 at 09:55 am
Nov 9
OSHA Cites New Bedford Company After Fatal Machinery Accident

Earlier this year, a worker died after he became caught in the moving parts of an industrial ice-making machine. The machine activated as the worker performed maintenance work inside it. When officials from Occupational Safety and Health Administration investigated the New Bedford company, a seafood processor, they discovered 23 alleged safety violations. Following the fatal machinery accident, the company received 19 serious citations and four other-than-serious hazards. OSHA found that the... Posted on November 9, 2009 at 09:12 am

Rank This Week: 1844

Boston Accident Injury Lawyer Blog...

Boston Accident Injury Lawyer Blog

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

http://www.bostonaccidentinjurylawyer.com/

Nov 20
Revere, Massachusetts Pedestrian Dies Following Car Accident

November 20, 2009 - Jose Funez, 35 from Revere, Massachusetts, has died as a result of serious personal injuries sustained when he involved in a car accident on Saturday night. Jonathan Spano, 29 from Winthrop, was driving a black 2006 Chevrolet Cobalt northbound on Revere Beach Parkway while Funez was crossing the street at the intersection of Winthrop Avenue. Apparently, Spano did not see Funez and unfortunately struck him with the Cobalt. The accident occurred at around 7:30 p.m. in a poorly... Posted on November 20, 2009 at 04:28 am by Keith L. Miller
Nov 19
Lowell, Massachusetts Hit and Run Injures 12 Year Old Boy

November 19, 2009 - Kelvin Savanhmixay, 12 years old, suffered serious personal injuries when he was hit by a car that was apparently drag racing in Lowell, Massachusetts on Wednesday. Two cars were allegedly racing on the VFW Parkway near the University of Massachusetts-Lowell campus. One of the cars struck Savanhmixay as he was standing in the crosswalk at Mammoth Road at around 2 p.m. Thursday, the Lowell Police have found a dark blue Acura RSX, one of the cars they believe was involved in... Posted on November 19, 2009 at 01:49 pm by Keith L. Miller
Nov 18
SEC Sues Mantria Corporation, Speed of Wealth, LLC, and Their Principals for "Green" Ponzi Scheme

November 18, 2009 - Mantria Corporation and Speed of Wealth, LLC operated a ponzi scheme, claims the Securities and Exchange Commission ("SEC") in a complaint just filed in federal Court in Colorado. The SEC has filed a civil action against Mantria Corporation, Troy B. Wragg, Amanda E. Knorr, Speed of Wealth, LLC, Wayde M. McKelvy, and Donna M. McKelvy in the United States District Court for the District of Colorado, allegedly they operated a $30 million investment scam. According the SEC's... Posted on November 18, 2009 at 01:57 pm by Keith L. Miller

Rank This Week: 1902

Boston Criminal Defense Lawyer...

Boston Criminal Defense Lawyer Blog

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

http://www.bostoncriminaldefenselawyerblog.com/

Nov 20
Lawrence Police Officer Charged With Assault And Battery On His Teenage Daughter

Angel Mejia, a Lawrence Police Detective, was arrested and charged with assault and battery on his sixteen year old daughter. According to The Lawrence Eagle Tribune, Mejia had a confrontation with his teenage daughter when he caught her attempting to sneak into the house at 5:45 a.m.. It is alleged that Mejia pushed his daughter onto the pavement, where she struck her face and suffered bruises and scrapes. It has been reported that the Detective also pushed her against the garage door and the... Posted on November 20, 2009 at 03:35 am by Kathleen M. McCarthy
Nov 15
Swampscott Massachusetts Woman Charged With Operating Under The Influence Of Alcohol Following Car Accident In Salem

A car accident on Lafayette Street in Salem Massachusetts resulted in one of the two drivers being charge with operating under the influence of alcohol. According to The Salem News, thirty-eight year old Cheryl Wall will be summonsed to court to face charges of driving under the influence of alcohol causing serious bodily injury, driving to endanger, driving with a suspended license and driving to endanger. According to reports, the car that Wall was driving crossed lanes and crashed into a car... Posted on November 15, 2009 at 11:45 am by Kathleen M. McCarthy
Nov 11
Understanding The Pitfalls Of The New Marijuana Law

Many people applauded when the legislature "decriminalized" the offense of possession of marijuana that is one ounce or less. The new section changes possession of an ounce or less of marijuana from a criminal offense to a civil infraction and an offender receives a civil citation. For adults, this offense is now punishable by a $100.00 fine and forfeiture of the substance. However, if a person is under eighteen years old he or she must complete a drug awareness program. This program requires... Posted on November 11, 2009 at 03:29 am by Kathleen M. McCarthy

Rank This Week: 1909

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/

Nov 19
Guest Post: The Solo and Small Firm Advantage: Leverage Your Alternative Billing Advantage When Big Firms Can't, or Won't

We are fortunate to welcome Stephen E. Seckler, principal of Seckler Legal Consulting, as a guest blogger. Stephen is an attorney coach with twenty years experience in consulting with lawyers. (Stephen's full profile is available at his website.) Stephen maintains his own main blog, Counsel to Counsel (twice named to the ABA Journal's Blawg 100 List), as well as having established The Middle Office blog. Stephen will contribute his thoughts to the LOMAP Blog in the form of a series of posts... Posted on November 19, 2009 at 10:29 am
Nov 12
There’s Apps for Those, Too: The iPhone is Not the Only Well-App-Ointed Smart Phone

I'd like to thank Sudbay Motors of Gloucester for providing wireless internet in their waiting room, so that I could research and draft part of this blog while I waited for a small repair to be made on my gallant Jeep Commander (I love this car) this Valentine's Day, er, I mean . . . Veteran's Day. Jeeps being originally military vehicles, this seemed highly appropriate. Sudbay, I should say, has a really sweet waiting room, otherwise, as well, as it features leather couches and chairs and a... Posted on November 12, 2009 at 10:35 am
Nov 6
Time in a Bottleneck: Online Scheduling Tools Make Meetings Happen

Getting a large number of people together for a meeting is like herding cats into a bathtub. When you're talking busy cats . . . I mean, people . . . it's even worse. Grease those cats. Now, give those greased cats business suits and a knowledge of how to exploit loopholes. Lawyers are some of the busiest cats around. Grease 'em, but don't teach 'em how to drive. But, whether you're trying to organize colleagues, clients and/or related professionals, it's pretty clear, and pretty quickly, that... Posted on November 6, 2009 at 09:20 am

Rank This Week: 2050

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/

Nov 19
Massachusetts Appeals Court Holds That Admitting Firearm Ballistics Certificate In Gun Case Warrants Reversal

On November 17, 2009 the Massachusetts Appeals Court issued its decision in Commonwealth v. Hollister. The issue in Hollister was whether the erroneous admission of a ballistician's certificate amounted to harmless error. The facts in Hollister are as follows: The defendant was found near his truck. Inside the unlocked glove box authorities located a loaded firearm. Hollister tried the case without a jury and was found guilty of Unlawful Possession of a Firearm, Carrying a Firearm Without a... Posted on November 19, 2009 at 05:08 am by Stephen Neyman, P.C.
Nov 17
Plymouth County Massachusetts Man Arrested And Charged With Rape And Assault

The Brockton Enterprise reported last week that Terrico Burnett of Middleboro, Massachusetts was arrested in connection with an incident that occurred on Halloween night. According to the article, the alleged victim, an acquaintance of Burnett's complained of being Raped and Assaulted by the defendant. Nothing further was reported about this matter. Read Article: Rape And Assault Charged Against Middleboro Man It always amazes me when media outlets report no more than general unspecified... Posted on November 17, 2009 at 08:16 am by Stephen Neyman, P.C.
Nov 16
Two Marblehead Massachusetts Teenagers Arrested And Charged With Robbery, Kidnapping, Assault In Connection With Beating

Michael Ehlert is eighteen years old. Michael Leoni is seventeen year old. Both live in Marblehead, Massachusetts. Both are now facing serious felony charges in the Lynn District Court. It would not surprise me at all to see these charges indicted and prosecuted in the Essex County Superior Court in Salem. According to reports Ehlert and Leoni viciously attacked a school age boy who was walking home in the early evening hours on October 29, 2009. When the boy passed by the defendants they... Posted on November 16, 2009 at 08:56 am by Stephen Neyman, P.C.

Rank This Week: 2107

Massachusetts Law Updates

From the Massachusetts Trial Court Law Libraries

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

Nov 19
Patient and Family Advisory Councils

New regulations (105 CMR 130.1800-.1801) require hospitals to set up Patient and Family Advisory Councils by October, 2010. According to the Department of Public Health's advisory to hospitals, "The formation of a PFAC is intended to facilitate patient and family participation in hospital care and decision-making, information sharing, and policy and program development. The Institute for Family Centered Care has identified core concepts of patient and family-centered care as dignity and... Posted on November 19, 2009 at 02:55 am by Meg
Nov 18
Free Caselaw from Google

The legal research community is buzzing about Google's announcement yesterday of a free database of full-text cases from federal and state courts via Google Scholar. The cases are well-formatted, include pagination, and include links to all cited cases that are also in the database. Here's what's included: State Appellate and Supreme Court Cases since 1950 Federal District, Appellate, Tax and Bankruptcy Cases since 1923 US Supreme Court Cases since 1791 Here's how to use it: To search the whole... Posted on November 18, 2009 at 04:59 am by Meg
Nov 18
Land Court Cases

Massachusetts Land Court Cases from July 2009 to date are now available online. Additional cases are being added daily. Cases can be accessed by name, docket number or date. They can also be searched full-text. Posted on November 18, 2009 at 01:17 am by Meg

Rank This Week: 2129

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/

Nov 18
Police Report Reveals Galluccio Was Intoxicated Morning Before Hit-and-Run

A newly released police report shows that state Senator Anthony Galluccio (D-Cambridge) may have been too drunk to drive in the early morning hours of the day he hit a family's minivan and left the scene. The Boston Herald reported Nov. 17 that a gas station employee called the Cambridge police at around 4:40 a.m. on Oct. 4 to report a customer who was allegedly too drunk to drive. When police arrived, they found Galluccio with a friend who said he was trying to take Galluccio home, but... Posted on November 18, 2009 at 06:56 pm by Stephen Neyman, P.C.
Nov 16
Drivers Should Be Aware of Sobriety Checkpoints as Holidays Draw Near

The holidays are upon us -- and with them come a lot of parties and family gatherings that offer opportunities to drink. Police agencies are very aware of drunk driving during the holidays, and they tend to step up their enforcement efforts on the days they believe people are most likely to drive drunk. In fact, according to a Nov. 6 article in the Woburn Advocate, the Massachusetts state police have already started. In that article, they announced a sobriety roadblock in Middlesex County on... Posted on November 16, 2009 at 03:03 pm by Stephen Neyman, P.C.
Nov 12
Cape Cod Man Arrested for Drunk Driving After Leaving Bumper in Package Store

A Centerville man was arrested for operating a vehicle under the influence of alcohol Nov. 7 after an accident that left his front bumper inside a package store. A witness called the police after seeing Bernard Kilroy, 27, drive his car through some bushes across a rotary and into the Hyannis Package Store on Main Street in Hyannis. According to the police report, Kilroy broke the front window of the building and stopped when the car was completely inside the store, but reversed and left the... Posted on November 12, 2009 at 02:42 pm by Stephen Neyman, P.C.

Rank This Week: 2156

Boston Car Accident Lawyer Blog

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

http://www.bostoncaraccidentlawyerblog.com/

Nov 18
Massachusetts Highway Department Releases List of State's Most Dangerous Intersections

Earlier this year, a report released by the Massachusetts Highway Department revealed that intersections in Boston, Brockon, Stoughton, Quincy, Braintree, and Abington are among the most dangerous in the state. The report was based on data compiled by the Massachusetts Registry of Motor Vehicles and covered motor vehicle accidents that occurred at intersections between 2005 and 2007. State officials hope the information will help them plan construction projects and improve safety of... Posted on November 18, 2009 at 10:39 am by Altman & Altman
Nov 16
Massachusetts Governor Supports Traffic Cameras, Despite Criticism

Critics say that using cameras to fine drivers who run red lights is an attempt to raise revenue, rather than improve safety, but the Boston Globe and other media outlets report that Governor Deval Patrick is pushing to make Massachusetts the 25th state to adopt such a measure. Many mayors and police chiefs have been wanting the cameras for years. If passed, the state law would allow cities and towns to fine drivers up to $100 if their traffic violation is caught on camera. The fine would not... Posted on November 16, 2009 at 08:54 am by Altman & Altman
Nov 13
Massachusetts Rolls Out Statewide Click It Or Ticket Crackdown

According to stats from the United States Department of Transportation's National Highway Traffic Safety Administration, more than half of the passenger vehicle occupants who died in Massachusetts motor vehicle accidents last year were not wearing seatbelts at the time of the accident. That rate was nine percent higher than the national average. In response to these sobering statistics, the Massachusetts Executive Office of Public Safety and Security (EOPSS) has teamed up with State Police and... Posted on November 13, 2009 at 07:45 am by Altman & Altman

Rank This Week: 2210

Boston Bankruptcy Lawyer Blog

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

http://www.bostonbankruptcylawyerblog.com/

Nov 18
More Roth Planning for 2010 and 2011

We are advising our Massachusetts clients to look into a loophole in the tax code for Roth IRA conversions in 2010. The tax code has been amended to allow folks to do a reverse Roth IRA conversion in 2010. Here is how it can be executed: First, you have during the year of 2010 to convert a traditional IRA to a Roth IRA. Be careful, there is a tax consequence here in that the entire amount converted is taxable income. You should pay the taxes out of savings or earnings outside the IRA and Roth... Posted on November 18, 2009 at 09:35 am by Neil Burns
Nov 13
Massachusetts Bankruptcy Fraud Notes

Clients often ask us if their personal bankruptcy will be successful. Of course, we can't guarantee results. However, one thing we can guarantee is that any misstatements on the Petition or Schedules will result in increased scrutiny and likely no discharge. In a recent case in Louisiana, a married couple were charged criminally for giving a false statement in bankruptcy proceedings and fraud; they "knowingly and fraudulently devised and intending to devise a scheme and artifice to defraud and... Posted on November 13, 2009 at 10:09 am by Neil Burns
Nov 1
Massachusetts Super Lawyers Nominates Neil Burns

Super Lawyers magazine announced that Attorney Neil Burns was elected a "Massachusetts Super Lawyer" - a title awarded to less than 5% of the attorneys in the Commonwealth. The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area. According to the findings, "Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high... Posted on November 1, 2009 at 06:40 am by Neil Burns

Rank This Week: 2220

Bill McLeod's Law Blog

Covers bankruptcy, debts and the law.

http://mcleodlawoffices.com/

Nov 17
Lending to Unemployed: Frankly, There’s Got to be a Better Way

Yesterday I tweeted about Barney Frank's idea of giving unemployed homeowners access to low interest loans. The theory is that it help fills a gap in the Obama Administration's plan to address foreclosures caused by unemployment. I think this is a bad idea (and a bit of mid-term election posturing). ... Posted on November 17, 2009 at 11:41 pm
Nov 14
Security Clearances & Bankruptcy

Occasionally, clients will ask me about whether their security clearance is at risk if they file for bankruptcy protection. This came up yesterday when I came across a comment from a reader who expressed real concerns over his fear of losing his clearance if he filed. Why? The simple reason ... Posted on November 14, 2009 at 12:10 am
Nov 11
November 11: Today We Remember

"Today we remember and honor the past service of America's veterans, and today we renew our commitment to meet the challenges of America's future for which they gave so much. Almost two centuries ago, Daniel Webster said in his dedication of the monument at Bunker Hill: 'There remains to us ... Posted on November 11, 2009 at 11:40 pm

Rank This Week: 2280

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/

Nov 17
I have a confession to make…

Guest Post by Meg Leardi Carey "What you resist, persists." - Carl Jung I have a confession to make&#xe2€&#xa6 I am married for 6 years, my husband and I have a 3-1/2 year old daughter, we own 2 homes, and have NO will or estate plan in place. I don't really know how we got here, just that we are here, and this is not an acceptable place to be. I think it started with a difference in philosophy, ingrained in us since we were children. My father has been planning for death as long as I can remember. I... Posted on November 17, 2009 at 11:00 pm by DGVE law
Nov 12
Why You Can't Wait Another Day and What to Do

It's been *crazy* around here, seriously. Yesterday was a very long day, so my husband was rushing to leave work to make it home to help me with the dinner/bath/bedtime routine. Here I was wearing the baby in the Sakura Bloom sling, not because I happen to be in the Babywearing Triathalon, but because, after about a month discovering the joy and ease of babywearing, I can no longer imagine life without it: On his way out the door, a work colleague stopped my husband for a moment to talk. Had... Posted on November 12, 2009 at 11:44 am by DGVE law
Oct 28
There's No Such Thing as "Mommy Brain"

I keep hearing this awful, little expression lately - "Mommy brain" - and each time it bothers me a little, but today I heard myself say it and that was it! It's time to debunk an insidious myth (which I will now attempt to do with great feminist relish!). There is no such thing as "mommy brain." I think what people usually mean by that is that a mother, especially a mother of a newborn, is "really tired." So what's the big deal? The big deal is that by saying "mommy brain" instead of "really... Posted on October 28, 2009 at 12:00 am by DGVE law

Rank This Week: 2281

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

Nov 17
Are You Ready For Some RESPA Reform? Part I, An Overview Of The New Regulations

New, sweeping changes regulating how lenders, closing attorneys and title companies disclose loan and closing costs are set to go into effect January 1, 2010. The new regulations are part of a long awaited reform to the 30 year old Real Estate Settlement Practices Act known as RESPA aimed at providing greater transparency and fostering better consumer choice in loan and closing costs. The changes are so significant that HUD recently took the unusual step of giving lenders a 120 day reprieve in... Posted on November 17, 2009 at 03:02 pm by Richard D. Vetstein, Esq.
Nov 14
HUD Announces “Restraint In Enforcement” Of New RESPA Rules For 120 Days

The U.S. Department of Housing and Urban Development (HUD) announced on Friday that it will not enforce for a 120 day period new, sweeping regulatory changes to the Real Estate Settlement Procedures Act (RESPA) set to go into effect January 1, 2010. The new regulations will still go into effect on January 1, 2010, but the board overseeing enforcement of these new rules will "exercise restraint in enforcing" them. HUD wants all lenders to make a good faith effort to comply with the new... Posted on November 14, 2009 at 05:45 am by Richard D. Vetstein, Esq.
Nov 10
FHA To Ease New Condominium Guidelines–Spot Loan Approval Extended Until Feb. 1

With an eye on the "volatility" of the condo market, the Federal Housing Administration (FHA) has backed off some of the stingy new rules for condominium lending set to be implemented Dec. 7. After a meeting with the Mortgage Bankers Association last week, the FHA made the following changes to its June 12 condominium guidance letter in a new letter dated Nov. 6: Spot loan approvals can continue until Feb. 1, 2010. The FHA will allow a 50 % concentration of FHA loans - up from 30 %- in... Posted on November 10, 2009 at 09:42 am by Richard D. Vetstein, Esq.

Rank This Week: 2299

Massachusetts Injury Lawyer Blog

By Breakstone, White & Gluck.

http://www.massachusettsinjurylawyerblog.com/

Nov 17
Trucks Found to Have High Rates of Safety Violations, Inadequate Insurance

Many of the over 9 million trucks on the roads in this country are operating with serious safety problems, according to a recent study performed by the Federal Motor Carrier Safety Administration, a division of the U.S. Department of Transportation. Twenty-eight motor carrier companies, representing more than 200,000 trucks, were found to have trucks in violation of federal safety laws. These violations include defective brakes, overly worn tires, excessive loads, and undertrained or impaired... Posted on November 17, 2009 at 06:02 am by Breakstone, White & Gluck
Nov 10
Maclaren Recalls One Million Strollers--Defective Product May Cause Amputation Injuries

The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations. The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies "R" Us and... Posted on November 10, 2009 at 07:03 am by David W. White
Nov 3
Radiologists May be Reluctant to Admit Medical Errors to Patients

In a recent article in the medical journal Radiology, a study of several hundred radiologists reveals that mammographers may be reluctant to reveal medical mistakes, even if the mistakes relate to potential risk of breast cancer. In the study the radiologists were given a hypothetical question. They were asked to assume that films were read out of order; that the calcifications in the films were actually increasing and not decreasing, and that they discovered the mistake after initially reading... Posted on November 3, 2009 at 07:38 am by David W. White

Rank This Week: 2357

The Unruly of Law

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

http://theunrulyoflaw.blogspot.com/

Nov 17
Do Not Adjust Your Computer...

The devoted staff of "TUOL" has been sidetracked by computer woes, so posts may be spotty the next few days. Do not talk to strangers while we're away. Posted on November 17, 2009 at 05:20 am by Sheldon Toplitt
Nov 16
U. Wisc. Needs FERPA Guide to Navigate Student Paper Flap

Image via Wikipedia Student journalists at the University of Wisconsin at Milwaukee Post have sued the university for allegedly violating the state's public records law (Wis. Stat. sec. 19.31-19.39). The suit in Milwaukee County Circuit Court involves the university's refusal to identify a student whose voice was recorded at a public committee meeting in reliance on the federal Family Educational Rights and Privacy Act ("FERPA") [20 U.S.C. sec.1232g; 34 C.F.R. Pt. 99], commonly known as the... Posted on November 16, 2009 at 07:14 am by Sheldon Toplitt
Nov 13
Sixth Circuit Court of Appeals Gets Funky, Dog

George Clinton via last.fm Thanks to the U.S. Court of Appeals for the Sixth Circuit, nobody but Funkadelic singer George Clinton can ever again lay claim to the lyric: "Bow, wow, wow, yippee, yo, yippee yea." In Bridgeport Music, Inc. & Southport Music, Inc. v. UMG Recordings, Inc. & Universal Music Investments, Inc. (Case No. 07-5596), the appellate court upheld the trial court decision awarding $89,000 damages to Bridgeport Music, Inc., for Universal's appropriation of Clinton's... Posted on November 13, 2009 at 06:26 am by Sheldon Toplitt

Rank This Week: 2363

Massachusetts Family Mediation

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

http://www.ParkerMediation.net

Nov 13
Divorcing Couples Manage Debt

Divorcing couples have to make tough financial decisions, not only about how to divide assets, but how to allocate debt. Depreciating real estate values along with the current financial landscape, pose even greater challenges for folks who are separating, particularly when the marital home, once the base of financial security, becomes a liability. Rest assured you are not alone, many folks find themselves in the unfortunate situation of owing more on their home than it's worth. For some, this... Posted on November 13, 2009 at 02:34 pm by Family Mediator
Nov 9
Parker Mediation: Massachusetts Family Mediators

We're Celebrating 10 Years of Success in 2010! In honor of this achievement we are asking current and former clients to send us comments about their experience in mediation. We want to hear from you. Log on to our website and contact us. We will kick off our celebration in January 2010 by posting highlights from our customers. For the past ten years Parker Mediation has developed a competitive advantage in creating well designed divorce settlements. We are driven to ensure that every mediation... Posted on November 9, 2009 at 07:11 am by Family Mediator
Aug 5
Conflict Resolution Experts To Gather In Atlanta

The Association for Conflict Resolution (ACR) will hold its 9th annual conference in Atlanta, GA October 7-9, 2009. Approximately 1,000 conflict resolution practitioners will attend this years event. Some of the fields most highly regarded professionals will speak about topics ranging from "Mediation of a parenting dispute with a Gay parent" to "Advance mediation techniques to move beyond the impasse". You can find out more about the conference details including speakers and topics in this... Posted on August 5, 2009 at 11:33 am by Family Mediator

Rank This Week: 2489

The Divorce Collaborative

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

http://www.divorcecollaborative.com

Nov 13
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,... Posted on November 13, 2009 at 07:00 am by admin
Nov 11
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... Posted on November 11, 2009 at 08:35 pm by Stephen McDonough
Nov 2
Stay Happily Married Podcast – Spouse Going Back to School

Attorney Lee Rosen is the owner of The Rosen Law Firm in North Carolina. I worked at his firm right out of law school in what I now term "the southern experiment." Rosen Law Firm also sponsors the Stay Happily Married website. Besides being a successful and insightful divorce attorney and business owner, Lee is an expert in law firm technology and marketing. This podcast reminded me of how much fun it was going to school at night while married to a working spouse and with two small children.... Posted on November 2, 2009 at 05:16 pm by Stephen McDonough

Rank This Week: 2508

Modern Times Legal Patent Blog

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

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

Nov 10
USPTO Director David Kappos's blog is now public!

digg it | reddit | delicious | StumbleUpon Good news: the blog of USPTO Director David Kappos is now public. I had previously referenced his blog, when access was limited to United States Patent and Trademark Office employees, in earlier posts about changes at the USPTO. Though Director Kappos's first public post does not include any profound new announcements, I expect that, going forward, he will use it to inform us of new USPTO initiatives and the rationale behind his policies. Doing so will... Posted on November 10, 2009 at 12:48 pm by Bob Sayre
Nov 5
Changes Coming to USPTO--Part VI: Rejection Mentality and Work Sharing

/**/ digg it | reddit | delicious | StumbleUpon Just_n_Examiner from the USPTO is doing a fine job keeping us posted with inside perspectives on changes at the USPTO under new Director David Kappos (left). In yesterday's post, the Examiner relayed some of the latest posts from Director Kappos's internal blog at the USPTO. The following two reported points from Director Kappos will be of particular interest to patent applicants. Reversing the Rejection Mentality First, Director Kappos offers... Posted on November 5, 2009 at 12:20 am by Bob Sayre
Oct 21
Return visit to African Regional Intellectual Property Office (ARIPO)

digg it | reddit | delicious | StumbleUpon Sorry that this blog has remained quiet for the past couple weeks--I have been in Africa. Most American (or European, Japanese, Chinese, etc.) patent attorneys have never filed in Africa, though they should keep an eye on the continent, as patent filings are increasing at the African Regional Intellectual Property Office (ARIPO), even through the recession, while filings in America and in other developed markets have dropped. Without many patent agents... Posted on October 21, 2009 at 12:49 pm by Bob Sayre

Rank This Week: 2596

Massachusetts Divorce & Wills...

Massachusetts Divorce & Wills Lawyer Blog

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

http://gabrielcheonglaw.com

Nov 10
Same-Sex Marriage Statistics

Last week, voters in Maine struck down a law voted on by their legislature and signed into law by their governor, granting same-sex couples equal rights under the law. This is very disappointing and as I've said before, perhaps the rights of the minority should not be placed in the hands of the majority. If this was the case, we would still have segregation of schools, no voting rights for blacks and women and we'd still prohibit interracial marriages. I came across a paper by Jeffrey Lax and... Posted on November 10, 2009 at 06:30 am by Gabriel Cheong
Nov 2
How to file for Divorce (the right way)

Over 90% of divorces ends up with both parties agreeing to sign a Separation Agreement and agreeing to jointly file for divorce. That means that over 90% of divorces ends up being uncontested divorces. Yet, 90% of divorces do not start off as uncontested divorces. There are many reason for this but a major reason, I suspect, has to do with the attorneys involved. I've noticed that the first thing most divorce attorneys do when a new client gets retained is start to prepare a Complaint for... Posted on November 2, 2009 at 06:30 am by Gabriel Cheong
Oct 13
How Children Handle Divorce

My friend Leanna Hamill shared this site on twitter: Postcards from Splitsville. It is powerful to read though the drawings from these children that are caught in the middle of their parents' divorce. Each child processes divorce differently but most need to be reassured that it's not their fault, that they're still loved by their parents, and that there's nothing they could've done to prevent the divorce. All parents who file for divorce in Massachusetts are required to attend a Parental... Posted on October 13, 2009 at 06:30 am by Gabriel Cheong

Rank This Week: 2602

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

Nov 9
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 November 9, 2009 at 08:28 am by Jack
Oct 19
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 October 19, 2009 at 06:36 am by Jack
Sep 23
Misclassifying Workers Can Mean Big, Big Damages

Employers who misclassify their workers as independent contractors now have even more to worry about. In August, the state's highest court made clear they could pay huge damages for this transgression of the law, even if they merely made an honest mistake. In a majority opinion, the Massachusetts Supreme Judicial Court concluded that employers can't defend [...] Posted on September 23, 2009 at 02:06 pm by Jack

Rank This Week: 2630

Boston Accident Lawyer Blog

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

http://www.bostonaccidentlawyerblog.com/

Nov 1
Massachusetts Dog Bite Case Expands Plaintiffs’ Rights In Injury Cases

Massachusetts dog bite cases just got a little easier to bring in court and to win, at least those involving injuries caused by pit bull terriers. That's good news for victims of these horrible attacks, which can scar a person for life not only physically, but in cases involving children and other vulnerable victims, emotionally as well. A recent ruling by the Massachusetts Appeals Court, in the case of Nutt v. Florio, has held that in future dog bite cases involving pit bull terriers,... Posted on November 1, 2009 at 08:16 pm by William D. Kickham
Oct 22
Massachusetts Liquor Liability Settlement Illustrates Continuing Problems With Bars Serving Intoxicated Patrons: Part 2 of 2

In my previous post on this topic, I discussed a recent case involving Massachusetts liquor liability, and what that kind of case consists of. Now I'll explain why a bar or restaurant can be held liable if a patron who becomes intoxicated at that restaurant, later injures someone as a result of that intoxication. Legal liability in a case like this arises from the negligence of restaurant management in failing to adequately hire, train, and monitor the skills and activities of its servers... Posted on October 22, 2009 at 12:11 am by William D. Kickham
Oct 17
Massachusetts Liquor Liability Settlement Illustrates Continuing Problems With Bars Serving Intoxicated Patrons: Part 1 of 2

A recent case settlement in the area of liquor liability, shows that despite improvement in recent years, there are still bars and restaurants that continue to negligently serve alcohol to intoxicated patrons, when they clearly shouldn't be doing so. This recent case involved serious injuries that two female drivers sustained in a Massachusetts car accident when the pickup truck they were traveling in on Interstate 95, was rammed from behind by a drunk driver. The vehicle in which the two... Posted on October 17, 2009 at 06:42 pm by William D. Kickham

Rank This Week: 2753

Boston Injury Attorney Blog

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

http://www.bostoninjuryattorneyblog.com/

Oct 30
Massachusetts Seat Belt Laws and Child Safety Restraints

Massachusetts's law requires seat belts to be worn by all occupants when riding in a private passenger motor vehicle, including vans and trucks. In Massachusetts, all drivers and passengers who are 12 years old and older must wear seat belts. Exceptions include: (1) Drivers and passengers who have proof from a physician that a disability or medical condition makes wearing a seat belt dangerous or impossible; (2) Drivers and passengers of vehicles made before July 1966; (3) Taxi, livery,... Posted on October 30, 2009 at 08:28 am by Peter Bellotti
Oct 26
Dog Bites in Massachusetts

Recently in Massachusetts, two dogs injured a little girl in an attack. According to the Worcester Telegram Gazette, Corrie Hammond, 6, was riding her scooter on Gates Court, a quiet dead-end street that her parents' thought was safe until a pair of pit bulls attacked her back on September 7, 2009. Apparently, one of the dogs jumped up and bit her on her face. She has a puncture wound on her forehead that will leave a scar. M.G.L. ch. 140 - 155 makes a dog owner or keeper liable for bodily or... Posted on October 26, 2009 at 08:39 am by Peter Bellotti
Oct 19
Massachusetts Collisions Between Bicycles and Motor Vehicles

Collisions occur in Massachusetts between bicyclists and motor vehicles nearly every day. In Massachusetts, all bicyclists must obey all traffic laws of the Commonwealth including red lights, stop signs and riding with traffic. All bicyclists should stay to the right of the roadway, except for left hand turns, or where bike lanes direct otherwise and bicyclists must ride in a single lane. Many towns, such as Cambridge, discourage the riding of bicycles on sidewalks. If a bicyclist is involved... Posted on October 19, 2009 at 10:23 am by Bellotti Law Group, P.C.

Rank This Week: 2779

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 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... Posted on October 28, 2009 at 02:13 pm by Joshua L. Goldstein, Immigration Lawyer Boston
Jul 9
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... Posted on July 9, 2009 at 04:01 pm by Joshua L. Goldstein, Immigration Lawyer Boston
Jul 7
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... Posted on July 7, 2009 at 11:00 am by Joshua L. Goldstein, Immigration Lawyer Boston

Rank This Week: 2794

Family Law Practice

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

http://masscollaborativelaw.wordpress.com

Oct 27
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&#xe2€&#xa6I 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... Posted on October 27, 2009 at 11:09 am by Steven
Oct 1
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... Posted on October 1, 2009 at 12:52 pm by Steven
Aug 25
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... Posted on August 25, 2009 at 12:32 pm by Steven

Rank This Week: 2810

Boston Immigration and Nationality...

Boston Immigration and Nationality Blog

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

http://bostonimmigrationblog.com

Oct 11
November, 2009 Visa Bulletin

Some real movement in the family categories, but a few of the employment categories are still somewhat backlogged. From the Department of State's website. Posted on October 11, 2009 at 05:10 pm by Joshua Paulin
Sep 11
October, 2009 Visa Bulletin

Employment based third preference is open again, though the priority dates are not yet current&#xe2€&#xa6 From the Department of State's website. Posted on September 11, 2009 at 02:32 pm by Joshua Paulin
Sep 8
Não percamos a esperança

Por esses dias o presidente Obama disse que n&#xc3&#xa3o podemos esperar uma reforma da lei migrat&#xc3&#xb3ria at&#xc3&#xa9 2010. Isto gerou desespero e des&#xc3&#xa2nimo na comunidade imigrante, j&#xc3&#xa1 que todos t&#xc3&#xaam esperado uma mudan&#xc3&#xa7a na lei desde a &#xc3&#xbaltima legaliza&#xc3&#xa7&#xc3&#xa3o j&#xc3&#xa1 h&#xc3&#xa1 mais de 8 anos. O que torna esta situa&#xc3&#xa7&#xc3&#xa3o particularmente dif&#xc3&#xadcil de aceitar &#xc3&#xa9 que Obama ganhou a elei&#xc3&#xa7&#xc3&#xa3o presidencial em parte porque prometeu, dentre outras coisas, um caminho para a legaliza&#xc3&#xa7&#xc3&#xa3o dos milh&#xc3&#xb5es de pessoas indocumentadas.... Posted on September 8, 2009 at 07:43 pm by Joshua Paulin

Rank This Week: 2930

Privacy Law and Policy

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

http://www.privacylawandpolicy.com/

Oct 1
Predicting Medical Conditions with Data: Promising Model if Privacy is Protected

A tweet from @AbbieCitron brought me to the Medical News Today post Electronic Medical Records Could Help Predict Domestic Abuse. The article discusses forecasting patients' risks by using electronic medical records. Specifically, the article deals with domestic abuse screening or predictions. Dr Ben Reis of the Children's Hospital Informatics Program at the Harvard-MIT Division of Health Sciences and Technology, Children's Hospital Boston; and Harvard Medical School, co-authored the study,... Posted on October 1, 2009 at 08:32 am
Sep 29
Friend or Foe: Friending Your Bill Collector

An ABA Journal post by Martha Neil, Could Your New Facebook 'Friend' Be a Bill Collector? notes there is little regulation of collection practices on the Internet because current laws are focused on traditional technology. As the number of consumers giving up landlines increases, and while the information age continues advancing, consumer protections will need to continue undergoing changes in order to keep up with the times. The Congressional Findings and Declaration of Purpose found in The... Posted on September 29, 2009 at 10:08 am
Sep 25
Is Einstein Reading Your Email for the Government?

Ways may someday be developed by which the government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. - Justice Louis Brandeis (1928) A recent ABA Journal article on privacy law (Feds Can Monitor Personal E-Mail Sent Privately to Gov't Workers, DOJ) began as follows: You might think that a private-mail sent to another U.S. citizen's personal account isn't subject to... Posted on September 25, 2009 at 12:17 am

Rank This Week: 2982

massdefenseblog

Covers Massachusetts criminal defense. By Joseph Goldberg-Giuliano.

http://massdefenseblog.blogspot.com/

Sep 3
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... Posted on September 3, 2009 at 03:33 am by Joseph Goldberg-Giuliano, Esq.
Sep 2
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 na&#xc3&#xafvet&#xc3&#xa9 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... Posted on September 2, 2009 at 06:38 am by Joseph Goldberg-Giuliano, Esq.
May 12
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... Posted on May 12, 2009 at 01:54 am by Joseph Goldberg-Giuliano, Esq.

Rank This Week: 3084

Museum Law Blog

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

http://museumlaw.wordpress.com

Aug 26
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 [...] Posted on August 26, 2009 at 01:20 pm by pcarusoii
Aug 26
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 [...] Posted on August 26, 2009 at 12:38 pm by pcarusoii
Aug 26
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. [...] Posted on August 26, 2009 at 12:34 pm by pcarusoii

Rank This Week: 3107

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

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... Posted on August 26, 2009 at 03:01 am by E. Alexandra "Sasha" Golden
Aug 19
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... Posted on August 19, 2009 at 02:16 pm by E. Alexandra "Sasha" Golden
Aug 18
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... Posted on August 18, 2009 at 03:14 am by E. Alexandra "Sasha" Golden

Rank This Week: 3108

Drunk Driving Defense

Covers Massachusetts drunk driving laws. By Steven Green.

http://drunkdrivingdefense.wordpress.com

Aug 3
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&#xe2€&#xa6and 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 [...] Posted on August 3, 2009 at 11:42 am by Steven
Jul 21
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 [...] Posted on July 21, 2009 at 10:42 am by Steven
May 21
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 [...] Posted on May 21, 2009 at 12:14 pm by Steven

Rank This Week: 3166

Mass Appeal!

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

http://www.yourmassappeal.com

Jul 23
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... Posted on July 23, 2009 at 06:22 pm by Matt Cameron
Jul 2
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"&#xe2€&#xa6... Posted on July 2, 2009 at 09:30 am by Matt Cameron
Jun 25
Melendez-Diaz v. Massachusetts = Crawford II: The Final Confrontation

There's something kind of inherently dodgy about sequels. They're usually nothing more than a quick buck and a cheap laugh, the faint shadow of what we enjoyed so much the first time around. For every beloved classic that really captures what worked in the original (Terminator 2, The Godfather: Part II, The Empire Strikes Back), Hollywood cranks out vaults of best-forgotten throwaways (see1 every other Terminator sequel, The Godfather: Part III, The Phantom Menace2). The Supreme Court's 5-4... Posted on June 25, 2009 at 03:54 pm by Matt Cameron

Rank This Week: 3190

Consider the Risks

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

http://www.princelobelinsuranceblog.com

Jul 2
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... Posted on July 2, 2009 at 12:34 pm by Mitchell King
Jul 1
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... Posted on July 1, 2009 at 07:43 am by Mitchell King
May 18
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... Posted on May 18, 2009 at 12:34 pm by Joseph Sano

Rank This Week: 3228

One Law Blawg

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

http://onelawblawg.blogspot.com/

May 20
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... Posted on May 20, 2009 at 07:33 am by JAY RONCONE
Feb 23
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... Posted on February 23, 2009 at 02:41 pm by JAY RONCONE
Feb 13
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... Posted on February 13, 2009 at 08:33 am by JAY RONCONE

Rank This Week: 3280

The Law Office of Andy P. Miller

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

http://www.yourmassfamilyattorney.com

Apr 2
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,... Posted on April 2, 2009 at 07:52 am by Andy P. Miller, Esq.
Mar 3
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... Posted on March 3, 2009 at 10:55 am by Andy P. Miller, Esq.
Feb 27
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... Posted on February 27, 2009 at 06:08 am by Andy P. Miller, Esq.

Rank This Week: 3321

Suffolk Law Library Blog

http://suffolklawlibrary.blogspot.com/index.html

Jan 22
Massachusetts Acts and Resolves

The Massachusetts Acts and Resolves from 1876-2008 are now available online through the State Library. This makes doing historical research on Massachusetts Law much easier. A wonderful resource. Source: Massachusetts Law Updates Posted on January 22, 2009 at 04:30 am by Susan Vaughn, Legal Reference Librarian
Jan 22
President Obama Resources

If you missed it the first time or just want to relive history, watch the inauguration here: [www.whitehouse.gov]. Get news on Barack Obama's first days in the White House: Huffington Post Chicago Tribune See the Daily Compilation of Presidential Documents for executive orders of the President. For more information of what else is contained in this resource see: [www.gpoaccess.gov] Posted on January 22, 2009 at 04:00 am by Susan Vaughn, Legal Reference Librarian
Oct 29
Dianne Wilkerson Affidavit and News Coverage

Yesterday Dianne Wilkerson, Massachusetts state senator, was arrested on charges of attempted extortion and wire fraud. The following are some links to the affidavit and news coverage. Affidavit Phoenix article (including photos) Timeline of Sen. Wilkerson's Troubles (Boston Herald) Posted on October 29, 2008 at 09:51 am by Susan Vaughn, Legal Reference Librarian