The purpose of investing in an “ESG” fund – one which considers environmental, social, and governance issues – is to, at the least, reduce the climate risk or harmful impact of one’s investments and, at the most, promote certain policies that align with an investor’s...
The Fitch Briefs
What Happens to a Beneficial Trust Interest in a Divorce?
Whether a beneficial interest in a trust is includable in the marital estate for divorce purposes is a question that has typically led to big disputes between divorcing parties. While the answer to that question still rests on the particular facts and merit of a...
Tax Foreclosure Seizures Cannot Exceed Amount Owed
Tax authorities in numerous states have historically collected more funds in tax foreclosures than the amount owed by a delinquent taxpayer. The United States Supreme Court, reversing the U.S. Court of Appeals for the Eighth Circuit, has held that a state collecting...
When Is Sole Legal Custody Appropriate?
"Shared legal custody" is defined in G. L. c. 208, § 31 as "continued mutual responsibility and involvement by both parents in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development."...
Is Legal Separation an Option in Massachusetts?
In Massachusetts it is not possible for a married couple to obtain a “legal separation.” However, if a couple is separating or is already separated, a married individual can file what is called a Complaint for Separate Support under Massachusetts General Law Chapter...
Fourth Circuit Upholds Arbitration Provision for Amazon Contractor
The United States Court of Appeals for the Fourth Circuit recently ruled that an arbitration clause in a contract between Amazon and an independently owned package delivery businesses was enforceable, notwithstanding the Federal Arbitration Act’s (FAA) exemption for...
First Circuit Says Customer List Containing Public Information Is a Trade Secret
On August 29, 2023, the U.S. Court of Appeals for the First Circuit gave an encouraging sign to employers seeking to protect their customer lists from use or disclosure by former employees. In Allstate Insurance Company v. Fougere, the Court held that a customer list...
United States Supreme Court Holds RICO May Be Used In Aid of International Arbitration Award Enforcement
The Supreme Court of the United States recently held in Yegiazaryan v. Smagin that a plaintiff alleged a domestic injury for the purposes of RICO in a case where the activities undertaken to evade enforcement of an international arbitration award occurred in...
First Circuit Affirms $1.7M Award in Noncompete Suit
In NuVasive, Inc. v. Day, the First Circuit recently affirmed a $1.7M award of damages and attorneys’ fees in a noncompete suit brought by a medical device company against one of its former sales representatives. In the appeal, Timothy Day challenged the district...
Noting “Families Take Many Different Forms,” SJC Affirms Finality of Paternity Judgment in Favor of Non-Biological Parent
In J.M. v. C.G., the Supreme Judicial Court affirmed a Probate Court decision dismissing a biological parent’s suit to establish paternity. The parties in this case were the mother of a child (Amelia), the child’s biological father (M.H.), and the child’s legal father...
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