Over the past decade, there has been rapid growth in technology-enabled financial services, referred to as FinTech. This growth has included the creation and expansion of nonbank FinTech companies, i.e., companies that do not have a banking license and generally do...
Month: January 2021
School Costs Cannot Form Basis to Deny Housing Construction Permits
The Massachusetts Land Court, in two separate opinions, has held that the costs of educating school-age children who may occupy a housing complex is not a valid basis for denying a developer's request for a building permit. While the Massachusetts Appeals Court had...
What is the Automatic Restraining Order in a Divorce Case?
What is the Automatic Restraining Order in a Divorce Case? A question that frequently comes up in a divorce is what effect the filing has on the financial lives of the parties. Can they still use the joint credit card? Change the beneficiaries on the life insurance...
Life Sciences Companies Increase the Use of International Arbitration
As a natural result of their expansion even further into the global market, life sciences companies have increasingly relied on international arbitration to resolve disputes, joining a growing number of industries that have made a similar move in recent years. There...
Can a Court Deviate from the Child Support Guidelines?
In Luce v. Folino-Inadoli, the Massachusetts Appeals Court (Rule 23.0 decision) affirmed the Probate and Family Court's reduction of the child support amount paid by the father to the mother, as well as the denial of retroactive relief for the father. In October 2018,...
Alimony Statute Does Not Restrict Parties’ Ability to Negotiate / Agree Upon How Alimony is Calculated
In a recent Rule 23 decision, a panel of the Massachusetts Appeals Court reversed the lower court and held that G. L. c. 208, section 53 (i.e., section 53 of the Alimony Reform Act) does not restrict parties' ability to negotiate and agree upon how alimony is...
Receiving Collection Letter Overstating Debt Owed Does Not Constitute Harm Sufficient to Create Standing Under Fair Debt Collection Practices Act
In Nettles v. Midland Funding LLC the Seventh Circuit recently held Plaintiff Ashley Nettles did not have standing to bring a claim against Defendant Midland Funding LLC under the Fair Debt Collection Practices Act ("FDCPA") on the grounds that Plaintiff suffered no...
Can U.S. Companies Can Be Sued in the U.S. for their Supplier’s Human Rights Violations? Supreme Court to Weigh In.
Last month, the U.S. Supreme Court heard oral argument in a pair of cases that question the role of the U.S. court system in holding companies accountable for profiting from child slavery in foreign countries. The Alien Tort Statute (ATS) gives federal courts...
In Case of First Impression, First Circuit Holds that Retaliation Claims Under the False Claims Act Must Be Evaluated Under the But-For Causation Standard
The False Claims Act prohibits employers from discriminating against an employee "because of" his or her protected conduct. In a case of first impression recently decided, Lestage v. Coloplast Corp., the First Circuit explained the meaning of "because of." Lestage, a...
Massachusetts Paid Family and Medical Leave Act
On January 1, 2021, the Massachusetts Paid Family and Medical Leave Act ("PFML") will begin providing benefits to eligible workers. Eligible workers will be entitled to the following benefits: • Up to 20 weeks of job-protected paid leave for a worker's own serious...
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