In Duval v. Duval (September 23, 2022), the Massachusetts Appeals Court vacated the Probate and Family Court’s decision in a modification action to consider Father’s unallocated support obligation as alimony only and remanded. The parties had entered into a separation...
The Fitch Briefs
Penalties for Violation of the BSA Reporting Requirements: On a Per-Form or Per-Account Basis?
The purpose of the Bank Secrecy Act (“BSA”) is, among other things, to require “certain reports or records where they have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings or in the conduct of intelligence or...
Doing More with Less: In Zoning Board of Appeals of Milton v. HD/MW Randolph Avenue, LLC, et. al., the Massachusetts Supreme Judicial Court Affirms a Judgment by the Housing Appeals Committee to Strike Down Restrictions in a Comprehensive Permit that Made an Affordable Housing Project Significantly More Uneconomic
In 2014, the Massachusetts Housing Finance Agency (“MassHousing”) issued a project eligibility letter to developer HD/MW Randolph Avenue, LLC (“HD/MW”) for a ninety unit, mixed-income residential development in Milton. The letter qualified HD/MW to apply to the Milton...
Condominium Trust, Management Company, and Concierge Services Provider Have to Duty of Care to Protect Residents from Foreseeable Crimes
The Superior Court recently held a condominium trust, condominium property management company, and concierge services provider owed residents a duty of care to protect against foreseeable crime by third parties who enter through common areas. Dr. Richard Field and Dr....
Getting to Know the Convention on the Contracts for the International Sale of Goods
It is increasingly common for purchases and sales to cross international boundaries. When that happens, what law applies? First, the parties to a contract must look to the contract to determine what law applies. If the contract is silent, the United Nations...
Supreme Judicial Court Forces Delivery Drivers to Arbitrate Claims Against Grubhub
Joining other courts that have addressed the same issue in their own jurisdictions, on July 27 the Commonwealth’s highest court decided Grubhub’s food delivery drivers are not a “class of workers engaged in ... interstate commerce” and, therefore, are not exempt from...
Elon Musk’s Daughter Requests Name Change to Cut Ties With the Tesla Founder.
Earlier this year, Elon Musk’s 18-year-old daughter petitioned a California court to recognize her gender as female, to issue a new birth certificate, and to change her name to eliminate any connection with her father. Her petition further stated that she was...
What Does a Prenuptial Agreement in Massachusetts Include?
Prenuptial - or antenuptial - agreements are becoming more and more popular. While some may balk at the idea of contemplating divorce at the same time that a wedding is being planned, prenuptial agreements can be very helpful instruments in the event that the marriage...
U.S. Court of Appeals for the Sixth Circuit Addresses the Right of First Refusal Contemplated by the Federal Low Income Housing Tax Credit Program
The federal Low Income Housing Tax Credit Program (LIHTC), IRC §42, was created to encourage the creation of low-income rental housing for low-income households. It provides tax incentives to investors to make equity investments in exchange for tax credits and other...
COVID-19 and War in Ukraine Impact International Arbitration Cases
Last summer, experts predicted a significant uptick in international arbitrations (especially those held via international arbitral institutions) would outlast the COVID-19 crisis. Unfortunately, despite our strongest wish that COVID-19 would be behind us by this...
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