The United States Court of Appeals for the First Circuit has held that, where a foreclosing mortgagee is required by HUD regulations incorporated into the mortgage, to make reasonable efforts to hold a face-to-face meeting with a borrower before foreclosure, there is...
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European Data Protection Board Issues Recommendations to Guide Data Transfers from European Union to the United States
In July 2020, the European Court of Justice invalidated the use of the Privacy Shield framework, which thousands of companies had been using to transfer data between the European Union (EU) and the United States. The Court reasoned that the Privacy Shield did not...
Eviction & Foreclosure Moratorium Expires Amid Rising COVID Infections
On April 20, 2020, Massachusetts Governor Baker signed into law An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency. The moratorium was originally set to expire on August 18, 2020, but Governor Baker had previously extended...
Because The Montreal Convention Preempts All Local Claims That Fall Within Its Scope
The liability of aircraft carriers is governed by the Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, S. Treaty Doc. No. 106-45 (2000) (the "Montreal Convention"), a multilateral treaty to which the United States is a...
I have an out-of-state child support order, but my child and his other parent moved to Massachusetts. Does this change how long I am obligated to continue paying child support?
Different states have different rules regarding when a parent's child support obligation ends. In some states, a parent's child support obligation ends when a child turns 18 years old. In Massachusetts, a parent's child support obligation generally lasts at least...
When does the statute of limitations clock begin running in multi-phase, multi-building real estate development projects?
Large, multi-unit, multi-building real estate developments can be seen all over the greater Boston area these days. As with any major project, problems can arise, and what looked like perfect, shiny new building may start to form a few cracks. Once cracks start to...
What “Counts” as Income for the Purposes of a Child Support Order?
In Massachusetts, the amount of weekly child support to be paid by a parent is calculated by relying on the Massachusetts Child Support Guidelines, which are published by the Executive Office of the Massachusetts Trial Court and updated every three years. Although it...
Are Employees Paid Solely by Way of Commissions Entitled to Separate Payments for Overtime Work or Work on Sundays Under the Massachusetts Overtime and Sunday Wage Statutes?
In Sullivan v. Sleepy's LLC, the Massachusetts Supreme Judicial Court (SJC) answered this question in the affirmative. In Sullivan, the SJC considered whether an employer satisfied its obligations to its employees under Massachusetts Overtime and Sunday wage laws,...
Taking the Fifth: No Longer an Option When it Comes to Adultery in Massachusetts
Pursuant to 2018 Session Laws Chapter 155, Section 2 (An Act Relative to Reproductive Health), Massachusetts's outdated law criminalizing adultery was repealed. The Governor approved the law on July 27, 2018.2018 Session Laws Chapter 155, Section 2 specifically...
The New Judgments Convention
One of the main reasons that we at FITCH recommend that the vast majority of cross-border contracts contain international arbitration clauses is because of the New York Convention. More formally called the Convention on the Recognition and Enforcement of Foreign...
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