It was bound to happen eventually. Maybe your company just went global or maybe they've been working internationally for years. But eventually, whether through some mistake in translation in an international contract, some global or local change in circumstances, or...
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Alimony based on “bonus income” is not available when income is determined to be payment for stock options
In a recent summary decision, a panel of the Massachusetts Appeals Court considered whether or not certain payments that a former husband received in addition to his base salary constituted "bonus income," of which husband would then be obligated to pay his former...
SJC Approves Counsel’s Fees In Settlement of Wage Act Claim
In a recently decided case, the Supreme Judicial Court held that two employees who asserted claims under the Massachusetts Wage Act, G.L. c. 149, §§148 and 150, were entitled to recover attorneys' fees from their former employer where the parties had entered into a...
First Circuit Court of Appeals Holds that Foreign Manufacturer Can Be Sued in Massachusetts
In an important decision for foreign companies, the First Circuit Court of Appeals recently reversed a trial court ruling and held that a foreign manufacturer of an allegedly defective product was subject to personal jurisdiction and could be sued in...
Business Valuation in Divorce Cases
Business valuation arises in divorce cases where one or both spouses have an ownership interest in a closely held corporation - that is, a corporation which has a limited number of shareholders. This ownership interest is usually considered a marital asset, just like...
U.S. Court Stays Third Party Funder’s Action To Enforce Foreign Arbitral Award Pending Decision In French Court Of Appeals
The United States District Court for the District of Columbia has temporarily halted an effort to enforce a foreign arbitral awardagainst Uzbekistan where the prevailing party had previously initiated proceedings in France topartially vacatethe same award. The twist...
Texas Supreme Court Holds Customer Liable for Forged Check Loss Where Bank Makes Available Statements of Account
The Texas Supreme Court has found that where a bank makes available a statement of account, consistent with Section 4-406 of the Uniform Commercial Code ("UCC"), the customer must bear the loss of forged checks, even when the bank did not send physical statements for...
Key Changes in the 2019 Amendments to the Massachusetts Rules of Appellate Procedure
Last month the Supreme Judicial Court announced amendments to the Massachusetts Rules of Appellate Procedure, which will take effect on March 1, 2019. The amendments include substantial modifications and clarifications to the rules of appellate procedure currently in...
I Have A Signed P&S Agreement But The Seller Refuses To Sign The Deed Because She Claims She Does Not Speak And Read English Fluently And Therefore We Have No Valid Agreement. What Can I do?
You can sue for specific performance of the purchase and sale agreement ("P&S agreement").InOcean City Development, LLC v. Barrros,(Mass. Land Court, January 2, 2018), the Land Court addressed that issue, ordering the Seller to convey her property to the Buyer in...
“I was laid off — Will the judge attribute income to me when determining child support?”
The Massachusetts Appeals Court recently addressed this issue in Miles v. Beusch, Docket 17-P-1511 (Mass. App. Ct. January 24, 2019) (Memorandum and Order Pursuant to Rule 1:28). In that case, the former Husband appealed the trial court's decision to attribute...
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