Land Court Rules That Affordable Homes Act’s Heightened Pleading Standard Did Not Apply to Abutter Who Appealed Building Permit Granted for Neighbor’s Proposed Construction. When the Affordable Homes Act (the “Act”) was enacted in August 2024, it amended Chapter 40A...
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Corporate Freeze-Outs in Closely Held Companies: Employment Termination
An earlier blog post described some of the ways a company’s majority shareholders or members attempt to “freeze out” a minority or non-controlling shareholder from the reasonable expectations and benefits of ownership in the company. These freeze-out efforts are...
Adverse Possession & Prescriptive Easement: Same but Different
The doctrines of adverse possession and prescriptive easements often arise when there is a boundary dispute. At first blush, the two claims appear quite similar because a claimant of adverse possession and a prescriptive easement must prove many of the same elements....
Massachusetts Division of Banks Enters $1,900,000 Settlement With New York Financial Services Company That Allegedly Facilitated Consumer Loans Without Proper Registration
On May 5, 2026, the Massachusetts Division of Banks (the “Division”) entered a settlement agreement with Bridge IT, Inc. (the “Settlement Agreement”), which does business as Brigit, to resolve allegations that Brigit acted as a third-party loan servicer in...
Failure to Make Detailed Findings About Allegations of Abuse When Awarding Joint Custody of Children is Reversible Error
Massachusetts Appeals Court Reaffirms that a Trial Court May Not Award Joint Custody in Divorce Without Making Detailed Findings About Allegations of Domestic Violence in Determining Children’s Best Interest On January 30, 2026, the Massachusetts Appeals Court held in...
States Can Impose Own Usury Laws on Out of State Banks
The United States Court of Appeals for the Tenth Circuit has held that a state that opts out of Section 1831d of the Depository Institutions Deregulation and Monetary Control Act’s (“DIDMCA”), 12 U.S.C. § 1831d, can impose their own usury laws on out of state banks...
Corporate Freeze-Outs in Closely Held Companies: Common Tactics
A corporate "freeze-out" occurs when a company's majority shareholders or members deprive a minority shareholder or member of the reasonable expectations and benefits of ownership, often, though not always, in an effort to induce the minority to sell its ownership...
Trespass to Trees
Trees are a precious resource – they provide shade, show the turning of the seasons, and beautify they land on which they live. They can also prove to be at the center of disputes between neighbors, particularly when trees on one’s land have been cut down without the...
Using Google Earth Images as Evidence in Land Court
Increasingly, tools like Google Earth, which can show property changes over time, can serve as powerful evidence in adverse possession and other real estate cases. Recently, the Land Court issued a ruling on using satellite images as evidence, allowing a motion to...
Clickwrap Agreement Sufficient Notice to Compel Arbitration of FCRA Claims
The United States Court of Appeals for the Fourth Circuit has held that a “clickwrap” agreement, wherein a customer clicks on an acknowledgement agreeing to a website’s terms and conditions, with Experian Information Solutions Inc. provided suitable notice to a...
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