Do you know what fiduciary duties your condominium board owes? And to whom the duty is owed? First, what, exactly, is a fiduciary duty? The nature of fiduciary duties depends on the nature of the relationship between the parties but, at its simplest, it is a duty of...
Uncategorized
Fitch Represents International Law Professors at the Supreme Court
Fitch attorney Jared Hubbard was at the Supreme Court this past November on behalf of a group of international law professors-including George Bermann of Columbia Law School and David Stewart of Georgetown Law School-who appeared as amici curiae (friends of the court)...
Can I relocate with my child after divorce?
If you're a parent of a minor child of divorce in Massachusetts, can you relocate to a different state or country with your child (an issue the courts call "removal")? Assuming no negotiated agreement to relocate with your co-parent (a preferred outcome in resolving...
How does my pension get divided during divorce?
Part II of this blog post focuses on how pension plans are divided during divorce. You can read Part I on our site. Pension plans are different than other assets divided during divorce because we are trying to calculate the present value of a future benefit (a benefit...
How Does My Pension Get Valued During Divorce?
A pension is one of the hardest earned assets a spouse can own. Divorce professionals are acutely aware of this and take great care to apply the same kind of focus, hard work and attention to detail to value a pension as the plan owner applied to earning it. This blog...
Young v. Young: The SJC Places a Time Limitation on the Determination of “Need” in the Alimony Reform Act
In the Alimony Reform Act of 2011, St. 2011, c. 124 ("the Act"), "alimony" is defined as "the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time . . . ." G. L. c. 208, § 48. However, because...
Signing Certified Mail Receipt Satisfies Requirement to Acknowledge Receipt of Borrower’s Request for Information
The United States Court of Appeals for the Eleventh Circuit has held, in a matter of first impression, that signing a borrower's certified-mail return receipt can serve as a loan servicer's acknowledgment of receipt of a borrower's written request for information....
Haunted House Hunting and the Duty to Disclose
In a competitive real estate market like Greater Boston's, more homebuyers are agreeing to what previously would have been seen as a draconian contract term: purchasing a home without first conducting an inspection. But today, in a hot seller's market, it may be a...
The Ninth Circuit Holds that the Enforcement of a Security Interest is Not Always “Debt Collection” Subject to the Fair Debt Collection Practices Act
The United States Court of Appeals for the Ninth Circuit recently held that a lender's agent is not a "debt collector" within the meaning of the Fair Debt Collection Practices Act ("FDCPA") when it sends certain notices to the borrower in connection with a...
Driving Away From the Courts: Uber Drivers Must Arbitrate
In a recent decision, the Ninth Circuit Court of Appeals in San Francisco, ruled that private arbitration agreements between Uber and two former drivers in California and Massachusetts were valid and enforceable. The former drivers, who were seeking protections for...
Sign up to the Fitch briefs
Fitch Law Partners LLP reports news and insights on complex litigation topics. Clients, colleagues and friends may receive The Fitch Briefs by signing up here.