The United States Appeals Court for the District of Columbia recently affirmed the dismissal of a case seeking modification or vacatur of an arbitration award in favor of the International Monetary Fund (“the IMF”) on the grounds the IMF had not explicitly waived its...
On March 30, 2022, in Robinhood Financial, LLC v. William F. Galvin, et. al., the Massachusetts Superior Court (Ricciuti, J.) struck down the recently adopted Fiduciary Duty Rule (950 C.M.R § 12.207), a state regulation that held brokerage dealers to the same...
In a recent case from the District of Columbia Circuit, Process and Industrial Developments Ltd. v. Federal Republic of Nigeria, the DC Circuit allowed an arbitration enforcement action to proceed against Nigeria despite a foreign court’s setting aside of the arbitral...
Massachusetts Probate and Family Courts are statutorily authorized to establish parentage pursuant to complaints filed under M.G.L. c. 209C, § 5 (“209C”). Under 209C (specifically 209C, § 6(a)(1)), there exists a statutory presumption whereby the spouse of an...
The Supreme Judicial Court recently reversed the dismissal, affirmed on appeal, of an employee’s action for wrongful termination for exercising his right under G.L. c. 149 § 52C to file a rebuttal to being placed on a performance improvement plan for inclusion in his...
Pursuant to the National Bank Act, the Home Owners’ Loan Act, and the Federal Deposit Insurance Act, the “Valid-When-Made” doctrine has provided that if a loan is valid when it is made it cannot later become invalid or unenforceable because it is sold or assigned to a...
In the recent Essex Land Court decision of McWilliams, et al. v. Town of Rockport, et al., the Court evaluated a challenge to the Rockport Zoning Board’s decision to grant a defendant LLC a special permit allowing it to operate a restaurant with a maximum indoor and...
A recent case out of the Seventh Circuit, Bartlit Beck LLP v. Okada, dealt with a common question about arbitration: what happens when the other side refuses to participate. In Bartlit Beck, that law firm had represented Kazuo Okada in a multi-billion dollar lawsuit...
In Ithaca Finance, LLC v. Lopez (Decision and Order, January 3, 2022), the Massachusetts Land Court allowed Defendant’s motion to vacate a 2016 Judgment and found that Defendant could redeem the property at issue in accordance with M.G.L. c. 60, § 68. The Land Court...
Last week, in a statement and a notice of withdrawal, the Occupational Safety and Health Administration (OSHA) officially withdrew its emergency temporary standard (“ETS”) that required large employers, with 100 or more employees, to implement COVID-19 vaccination...
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