In Trethewey v. Trethewey, the Appeals Court vacated a Probate and Family Court judge’s double counting of an asset as both a divisible asset (and liability) of the marital estate and a stream of income. This decision provides guidance to both family law practitioners...
In 2022, the American Law Institute and Uniform Law Commissions proposed amendments to the Uniform Commercial Code (“UCC”). These amendments included a new Article 12 and revisions to Article 9 to permit the use of digital assets in secure financial transactions. The...
A non-signatory may not avoid arbitration when they have knowingly exploited an agreement that contains an arbitration clause by knowingly accepting the benefits of such an agreement. This was AT&T Services Inc.’s (“AT&T”) principal argument in seeking a stay...
The Massachusetts Appeals Court is faced with deciding whether the Federal Arbitration Act (FAA) pre-empts state law requirements for waiver of employment discrimination claims. In Rosencranz v. iAnthus, an employee brought employment discrimination claims against his...
A conservation restriction is “a right, either in perpetuity or for a specified number of years…executed by or on behalf of the owner of land or in any order of taking, appropriate to retaining land or water areas predominantly in their natural, scenic or open...
The United States District Court for the District of New Jersey has held, in Consumer Data Industry Association v. Platkin, that states can require credit bureaus to provide credit reports in non-English languages without violating the U.S. Fair Credit Reporting Act,...
In Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corporation, et al., the United States District Court for the District of Columbia (“District Court”) recently held that a mining company was the alter ego of the Zimbabwean government and, thus, the District...
On April 23, 2024, the Federal Trade Commission (FTC) issued a rule banning noncompete agreements. The rule is quite broad—it bans virtually all new noncompete agreements and voids most preexisting noncompete agreements as well. Mounting legal challenges to the new...
In Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corporation, et al., the United States District Court for the District of Columbia (“District Court”) recently held that a mining company was the alter ego of the Zimbabwean government and, thus, the District...
In a recent decision, Openshaw v. Openshaw, the Massachusetts Supreme Judicial Court (“SJC”) held that in certain circumstances it is proper when setting a spousal support order to consider the parties’ historical allocation of income to savings as an element in...
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