The Fitch Briefs
Appeals Court holds no “easement by necessity” for maintenance of land obtained by adverse possession.
In the recent decision, McDonald v. Andrade, the Massachusetts Appeals Court reversed a trial court decision, awarding an easement to a Plaintiff who had - in the same lawsuit - obtained the land to which the easement pertained by adverse possession. This case...
SJC Holds Consent-to-Settle Clauses in Professional Liability Insurance Policies Valid
The Supreme Judicial Court recently issued a decision that confirms the legality of consent-to-settle clauses in professional liability insurance policies. In Rawan v. Continental Casualty Company, the SJC held that the refusal of an insured party to settle an...
Guidelines Published for Video-Conferencing in International Litigation
The Hague Conference on Private International Law (the "HCCH") has just published its Guide to Good Practice on the use of video-conferencing technology in the taking of evidence (the "Guide") pursuant to the Convention on the Taking of Evidence Abroad in Civil or...
Pivotal Questions Concerning Coronavirus and Performance Under Contracts with Force Majeure Clauses
It is no exaggeration to state that the coronavirus (COVID-19) pandemic has been the largest disruptor to businesses this year. Productivity has slowed as co-workers self-quarantine to prevent the risk of exposure to the virus, and offices across the nation are closed...
What Happens to GAL Investigations During the Coronavirus Pandemic
The COVID-19 public health emergency has ground many activities to a halt, including the vast majority of matters at Probate and Family Courts across the Commonwealth of Massachusetts. Although the impact of court closures has been felt most strongly in the paucity of...
Issuance of 1099-C Does Not Void Equitable Lien on Foreclosure Surplus
The United States District Court for the District of Massachusetts, in a matter of first impression in the First Circuit, has joined the majority of courts to find that a junior lienholder's issuance of a 1099-C to a mortgagor following foreclosure does not extinguish...
SJC Determines Unpaid Commissions Due to Retaliatory Firing “[M]ust Be Trebled,” per the Wage Act
Recently in Parker v. EnerNOC, Inc., the Supreme Judicial Court held that, per the Massachusetts Wage Act, G.L. c. 149, §§ 148A, 150, an employee, who was deprived of a commission as a result of a retaliatory termination by her employer prior to the commission coming...
Federal Court Permits Plaintiffs’ Claims That “Rent-A-Bank” Predatory Lending Scheme Violated Massachusetts Consumer Protection Act
In Kaur v. World Bus. Lenders, LLC, Judge Willian Young of the United States District Court for the District of Massachusetts has partially denied a motion brought by World Business Lenders, LLC and Axos Bank to dismiss claims that the defendant lenders violated the...
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...
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...
Are Comp Time and Work-Related Travel Expenses Recoverable Under the Wage Act?
The Massachusetts Wage Act allows an employee to recover "wages" that have been "unreasonably retained" by an employer. A salary is within the scope of the statute. What else is considered "wages"? It's not clear because the term "wages" is not defined. The...
Why Are Mediation and Conciliation Confidential?
Mediation and conciliation are two of the most common methods of alternative dispute resolution ("ADR"). In each of these voluntary processes, a third party neutral with no stake in the case tries to facilitate a compromise or agreement between parties who are in...
United States Supreme Court Rejects Discovery Rule for Fair Debt Collection Practices Act, But Leaves Potential Fraud-Specific Discovery Rule for Another Day
The United States Supreme Court has agreed with the United States Court of Appeals for the Third Circuit, and resolved a circuit split with the Fourth and Ninth Circuits, holding that the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq....
Massachusetts District Court Applies Precondition Test to Determine That Employees Are Not Entitled to Overtime Pay for Employee-Required Training
In a recent Memorandum and Order, the United States District Court for the District of Massachusetts District Court granted summary judgment to a group of defendant banks after applying a "precondition" test established by the First Circuit regarding overtime pay to...
First Circuit Rules That Massachusetts State Wage Act Not Preempted by Federal Law
In the recent case of Capron v. Office of Attorney Gen. of Mass., the federal First Circuit Court of Appeals issued an interesting ruling regarding the intersection of federal and state law, affirming a U.S. District Court order of dismissal providing that state wage...
Merlini v. Canada: The “Commercial Activity” Exception to the Foreign Sovereign Immunities Act
In Merlini v. Canada, the First Circuit dealt with an interesting case involving a clerical employee of the Canadian embassy who was injured on the job. After numerous twists and turns in her attempt to get worker's compensation coverage for her injury, she ultimately...
What happens when a buyer and a seller of a property negotiate past the purchase and sale deadline?
The Massachusetts Appeals Court recently issued an opinion in Ferguson v. Maxim, finding that the parties' offer agreement to purchase a property was enforceable even though the parties failed to timely execute the purchase and sale agreement (which, Defendants had...
U.S. Court Denies Motion to Stay in $118 Million-Dollar Venezuelan Debt Case
The United States District Court for the Southern District of New York has denied a motion brought by Venezuelan state-owned oil company, Petróleos De Venezuela, S.A. ("PDVSA"), and PDVSA Petróleo, S.A. ("Petróleo") (together, "Defendants"), for...
The Insider Trading Landscape Changes Under Blaszczak
The U.S. Court of Appeals for the Second Circuit's decision in U.S. v. Blaszczak may have just changed the landscape for insider trading prosecutions. In order to prove an insider trading charge under the Securities Exchange Act of 1934 (the "Exchange Act"), the...
Is a Court Required to Consider Past Abuse in a Child Custody Modification Action?
Recently in Malachi M. v. Quintina Q., the SJC held that: [P]ursuant to G.L. c. 208, § 31A, the judge at a modification proceeding must consider evidence of both past and present abuse, including evidence of domestic abuse that occurred prior to the entry of the...
First Circuit Holds Bank’s Sustained Overdraft Fees Are Not Interest Under the National Bank Act
The First Circuit recently affirmed the dismissal of a case in which the plaintiff alleged that Citizens Bank's "Sustained Overdraft Fees" on overdrawn checking accounts were usurious interest charges in violation of Section 85 of the National Bank Act (the "NBA")....
Tracking Down Documents For Legal Proceedings Abroad: Recent Decisions Broadening The Scope of Section 1782
Section 1782 of the U.S. Code (28 U.S.C.§ 1782) is a very important discovery tool for litigants who are part of a legal proceeding outside the U.S. (particularly if access to discovery is restricted there). It allows a foreign litigant to make a request before a...
Third Circuit Confirms that TILA Recoupment or Set Off Claims Outside the Statute of Limitations Can Only Be Asserted Defensively
The United States Court of Appeals for the Third Circuit has reaffirmed that exceptions to the statute of limitations for asserting certain claims regarding allegedly deceptive loan practices found in the Truth in Lending Act ("TILA"), apply only to assertion of those...
A Court May Modify A Merged Provision in a Separation Agreement Regarding Children’s Expenses Only When There Has Been A Material Change in Circumstances
Divorce litigants in Massachusetts may not clearly understand the distinction between those provisions in a Separation Agreement regarding child support and those provisions regarding the payment of the child(ren)'s expenses. Both types of provisions are merged into...
First Circuit Holds that Employee’s Termination Not Violative of Implied Covenant of Good Faith and Fair Dealing
In the recent case of Suzuki v. Abiomed, Inc., the First Circuit Court of Appeals affirmed a U.S. District Court order granting summary judgment to the defendant employer, holding that the company's termination of an employee approximately fifteen months prior to the...
What happens if one spouse builds a house and the other spouse does not help?
In a recent 1:28 decision, the Appeals Court of Massachusetts considered a challenge to a judge's order that real estate acquired by the Husband prior to the marriage should remain with the Husband following the divorce. The Wife appealed a divorce judgment where the...
Arbitrating Against Chinese Companies: Recent Developments from the HKIAC
When foreign companies do business with Chinese companies, international arbitration can be a key tool for dispute resolution, as it avoids either having a foreign court judgment that is unenforceable in China or having to deal with Chinese courts and home-court...
Protections Afforded to Homeowners by the Massachusetts Homestead Act
The Massachusetts Homestead Act allows homeowners to shield up to $500,000 of equity in their principal place of residence from claims from unsecured creditors (i.e. credit card debt).Even in those circumstances where the property is held in a trust, the...
In Breach of Contract Claim, Courts May Award Both Damages and Specific Performance
In Motsis v. Ming's Supermarket, Inc., (Mass. App. Ct. Nov. 5, 2019), the Appeals Court affirms a judgment awarding a commercial tenant both monetary relief and specific performance.Monetary damages and specific performance are two remedies that a party may pursue...
Appeals Court Holds that No Easement by Necessity Created in Condominium Dispute
Earlier this year, the Massachusetts Appeals Court issued an important decision in Chamberlain v. Badaoui reversing a Superior Court judgment and holding that a condominium's master deed did not create an express easement granting to Plaintiffs' unit access through...
Conclusory Allegations, Even When Admitted by the Opposing Party, Deemed Insufficient to Defeat Summary Judgment in FLSA Dispute
Recently in Costello v. Molari, Inc. (Memo and Order, November 20, 2019), the United States District Court for the District of Massachusetts granted an employer summary judgment because the employee failed to show that the Fair Labor Standards Act ("FLSA") applied to...
CFPB Now Claims Its Structure Is Unconstitutional
A few short months ago, I wrote a blog post about the Consumer Financial Protection Bureau surviving an attack on its constitutionality in the United States Court of Appeals for the Ninth Circuit. In that case, the plaintiff alleged that the CFPB's structure was...
New Appeals Court Decision Clarifies Residency Requirement For Filing For Divorce
In Massachusetts, the durational residency requirement for a plaintiff to file for divorce is one year G.L. c. 208, § 5 (meaning, one must be a Massachusetts resident for a year before Massachusetts has jurisdiction over their divorce), but until recently, appellate...
When will the court order a party to pay the other’s attorney’s fees in a family law case?
In civil litigation, which includes cases in the Probate and Family Courts, the American rule generally dictates that each party is responsible for its own attorney's fees and expenses. However, there are some exceptions to this, and in Massachusetts some...
What is dissipation of the marital estate and why does it matter?
One of the most contentious issues arising in divorce proceedings will often be the division of the parties' assets. In Massachusetts, the courts follow an equitable system of division, meaning they seek to divide property "fairly," not necessarily "equally." There...
On What Grounds Can an International Arbitration Award Be Vacated?
Your U.S. company and a commercial partner from a foreign nation had the foresight to designate international arbitration as the dispute resolution mechanism in your joint venture agreement. A dispute arose and you both diligently presented your claims to the arbitral...
Lost opportunity for considering alimony after child support is established: Appeals Court decision leaves us in the dark
In Casey v. Sweeney, a recent decision of the Appeals Court of Massachusetts, the court declined to provide clarification on the meaning of a statutory provision that has puzzled commentators and practitioners since it came into effect on March 1st 2012. The provision...
Massachusetts Superior Court Concludes Lender Properly Foreclosed and Seized Borrower’s Personal Property Following Loan Default
A recent Massachusetts Superior Court case, Germinara v. Bakis, et al. (decided May 13, 2019), involved a plaintiff borrower who obtained a commercial loan in order to fund the purchase and operation of a gas station/convenience store, which was owned by an LLC formed...
Banking and Finance Use of International Arbitration Continues to Grow
International arbitration has many benefits for banking and finance disputes, and parties to those disputes are increasingly recognizing those advantages. While banks and financial institutions have traditionally used courts and other judicial forums to resolve...
A Disloyal Corporate Officer, Ordered to Forfeit His Compensation To His Employer, Fails in His Attempt to Reduce The Amount of Restitution Under the Joint Tortfeasors Act
In a case of first impression, the Business Litigation Session (Davis, J.) recently declined to reduce the amount of restitution a disloyal corporate officer had been ordered to pay to his employer in connection with a judgment against the corporate officer. In so...
Can Student Loan Debt be Categorized as a Marital Debt?
In Massachusetts, a judge has broad discretion with respect to the equitable division of the marital estate and may consider both economic and noneconomic contributions to the marital estate. A prenuptial agreement can clarify the responsibility for debts incurred...
When Income Attribution is Appropriate
In a recent case, Macri v. Macri, the Massachusetts Appeals Court recently cemented a trial court decision to, among other things, attribute income to Husband, who was unemployed at the time of trial. Attribution of income is often a contested topic in the Probate and...
Is the Non-Compete Clause in My Employment Contract Enforceable?
Perhaps you are considering finding employment at a new company or already have a new job offer and remember that the employment agreement you have with your current or recent employer includes a non-compete clause. What is a non-compete agreement? Does this mean you...
Alimony modification requires a showing of a material change in circumstances
In a recent summary decision, Casey v. Sweeney, a panel of the Massachusetts Appeals Court reaffirmed that a payor's alimony obligation determined prior to the enactment of the Alimony Reform Act in March 2012 cannot be modified without a showing of a material change...
The Singapore Mediation Convention & Its Impact on Enforcement of International Mediation Agreements
The New York Convention has made it much easier for parties in international arbitration to seek enforcement of arbitral awards. The United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Mediation...
Declaratory Judgment Is Necessary Where Guaranty Does Not Address Certain Uses of Proceeds from a Foreclosure Sale.
In most commercial lending transactions, it is a common practice for lenders to secure the loan with a mortgage on the business property, which would permit the lender to foreclose on the mortgage securing the property if the borrower were to default on the. For...
Zoning and the Dover Amendment: When is education the primary purpose of a residential facility?
In a recent decision, The McLean Hospital Corporation v. Town of Lincoln & Others, the Massachusetts Supreme Judicial Court (SJC) held that a proposed residential program for adolescents is exempt from local zoning laws under the Dover Amendment. McLean Hospital...
Is a Former Spouse a “Creditor” Under the Massachusetts Uniform Fraudulent Transfer Act?
In Foisie v. Worcester Polytechnic, Institute (September 30, 2019), the United States District Court for the District of Massachusetts allowed a Motion to Dismiss where a former wife brought claims of fraudulent transfer and/or constructive fraudulent transfer against...
Seeking US Discovery for Foreign Proceedings: The Second Circuit Opens US Style Discovery to the World
Earlier this month, the Second Circuit issued a decision in In re Application of Antonio Del Valle that significantly expands the ability of parties to foreign legal proceedings to obtain discovery through United States courts. In Antonio Del Valle, the Second Circuit...
What Happens if the House is Sold During the Divorce?
It is the unfortunate case that, in many divorces, the marital home is sold as part of the divorce proceedings. Sometimes, the decision is made for non-financial issues - the house is tied to too many memories and both parties decide that they are better off starting...
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...
Viable Retaliation Claim For An Employee Terminated Several Months After He Complained About Discrimination By His Supervisor
In a recent unpublished decision, Bakhtiar v. Infineon Technologies Americas Corp., the Superior Court in Worcester County (Yarashus, J.) found that an employee could establish a prima facie case of retaliation under Massachusetts law (G.L.c. 151B, § 1) even though...
Supreme Court Holds That Federal Arbitration Act Permits Litigation of Disputes By Workers Bound by Independent Contractor Agreements
The United States Supreme Court held in the unanimous decision of New Prime Inc. v. Oliveira earlier this year that the Federal Arbitration Act's exclusion as to contracts of employment necessitated that the parties' arbitration clause be overridden and the plaintiff...
Gimmick Check Not Accord and Satisfaction Under UCC Section 3-311
The United States District Court for the Eastern District of Virginia has held that, where a debtor in bad faith tenders a check or money order for substantially less than the amount owed on a loan, the receipt and deposit of that check will not constitute an "accord...
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,...
Supreme Judicial Court signals that it may become more difficult for primary custodial parents to move children out of the Commonwealth
In Massachusetts, petitions for the removal or relocation of a child from the Commonwealth are evaluated under one of two legal analyses, depending on whether one parent has sole/primary custody or the parents share physical custody. Where one parent has primary...
Arbitrating Technology Transfer Disputes
Technology transfer is a critical way for innovation companies to enter into new markets and profit from the hard work that they have done in developing new technology. These agreements can take many forms, from an assignment of the intellectual property rights to a...
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...
Federal National Mortgage Association Cannot Be Held Vicariously Liable for Acts of Agent Without Actual Authority
The United States Court of Appeals for the First Circuit has held, in a matter of first impression, that the Federal National Mortgage Association, commonly known as Fannie Mae, cannot be held vicariously liable for the acts of its agent absent actual authority from...
Summer Internship Reflection: The Psychology of Law
By Alina C. HachigianThis summer I had the opportunity to intern with Fitch Law Partners. In addition to assisting attorneys with research and deposition preparations, over the course of the summer I was able to experience law outside the office as well. I traveled to...
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...
Is the knowledge of a closing attorney imputed to the mortgage company?
This issue arose in the recent Massachusetts Appellate case Salem Five Mortgage Company, LLC v. Lester. In that case, a mortgage company lent a borrower $300,000 for the purchase of a home on Nantucket. After the mortgage company approved the loan, but before the...
What Happens at a Pre-Trial Hearing?
If a divorce or 209C case is pending, the court, sooner or later, will schedule what is known as a pre-trial hearing. Sometimes this is also referred to as a pre-trial conference. This will happen either on the court's own initiative once a complaint has been on file...
When is Joint Legal Custody Inappropriate?
Massachusetts courts recognize two distinct types of custody of children. The first, physical custody, is what most litigants mean when they refer to having "joint custody" or "primary custody" of their child. Physical custody is a term that describes the amount of...
To Be or Not to Be . . . a Debt Collector
In Obduskey v. McCarthy & Holthus L.L.P., the Supreme Court examined whether an entity engaged in the limited purpose of enforcing a security interest in a nonjudicial foreclosure proceeding fit the definition a "debt collector," thereby subjecting it to all of...
Supreme Court Rules that Double Jeopardy Does Not Prevent State and Federal Prosecutions
The Double Jeopardy Clause of the Fifth Amendment provides that "No person shall...be subject for the same offence to be twice put in jeopardy of life or limb." That clause means that no person can be prosecuted twice for the same crime. Historically, the Double...
Practical Considerations on Electronic Disclosures in International Arbitration
Electronically stored information ("ESI") has connected businesses in ways that were not previously possible. ESI has also become a major source of evidence in all forms of commercial disputes. Arbitration generally limits discovery in order to promote its underlying...
First Circuit Finds That A Notice Of Default Is Potentially Deceptive, Rendering The Foreclosure Invalid
In Thompson v. JPMorgan Chase Bank (1st Cir. 2019), the First Circuit reversed the District Court's dismissal of the borrowers' claims against the mortgagee, finding that the notice of default did not strictly comply with the terms of the mortgage and Massachusetts...
Uncontested Actions To Modify A Judgment Or Order By Agreement: Supplemental Probate And Family Court Rule 412
Since its amendment in 2013, Supplemental Probate and Family Court Rule 412 has provided litigants/parties with the ability to jointly request that the Court modify an existing judgment or order administratively and without the need for a formal hearing. While such...
United States District Courts Reach Differing Conclusions on Definition of Automated Telephone Dialing System
The United States District Courts for the District of Massachusetts and the Northern District of Illinois recently reached different conclusions on the definition of an Automated Telephone Dialing System ("ADTS"), reinforcing a split of authority among courts across...
Are trust interests part of the marital estate?
The inclusion - or non-inclusion - of beneficial trust interests in the marital estate for purposes of an asset division incident to a divorce is quite often a hotly contested issue. How does one account for a trust interest in a divorce? Did the trustee make any...
Consumer Financial Protection Bureau Survives Attack on Constitutionality…For Now?
The Consumer Financial Protection Bureau (CFPB), established with the purpose of "ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and...
Serving Process on Chinese Companies in US Litigation
Hundreds of billions of dollars' worth of goods and services flow between the United States and China every year, and all of that commerce gives rise to disputes. While we at FITCH usually recommend entering into International Arbitration agreements when contracting...
Court Grants Summary Judgment to Employer on Former Employee’s Claim of Gender-Based Associational Discrimination and Retaliation
In Baer v. Montachusett Regional Technical School District (D. Mass. May 17, 2019), the United States District Court for the District of Massachusetts granted summary judgment to an employer on a former employee's claim that he was discriminated and retaliated against...
Business Litigation Section Holds That Director In Professional Corporation Owes Fiduciary Duty To Fellow Shareholders
In a fascinating decision, the Business Litigation Section of the Superior Court of Massachusetts recently held that a terminated doctor/shareholder could bring a breach of fiduciary duty action against the controlling director. The default rule in Massachusetts is...
The New York Convention Preempts State Law Regulating The Business of Insurance – Fifth Circuit Affirms Dismissal In Favor of Arbitration
In McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch (5th Cir. 2019), the Fifth Circuit recently held that the New York Convention trumps state insurance law. When its insurance claim was denied, McDonnel Group, LLC ("McDonnel") sued the insurers seeking a...
When The Price Isn’t Right: Mortgagees Must Ascertain The Fair Market Value Of A Property Before Conducting A Foreclosure Auction
The foreclosure process varies across the United States, but the process traditionally occurs in one of two ways: judicial or non-judicial foreclosures. Residential foreclosures in Massachusetts are non-judicial, which means that the foreclosure process happens...
“Merged” Versus “Surviving” Provisions of a Separation Agreement
The vast majority of divorce cases are resolved not by trial, but by the parties agreeing upon and submitting a Separation Agreement to the Probate and Family Court for approval. One of the more confusing elements of a Separation Agreement for many clients is the...
Fitch Arguments Prevail as Supreme Court Rules on How Foreign Governments May Be Served with Process
On March 26, 2019, the Supreme Court reversed the Second Circuit in the case of Sudan v. Harrison, which involved how foreign states may be served under the Foreign Sovereigns Immunities Act ("FSIA"). 28 USC § 1608 governs service of process on foreign states, and...
School district fails to establish that full-time work is an essential function of a teacher’s position in summary judgment proceeding
Last month in Incutto v. Newton Public Schools, et al., the United States District Court - District of Massachusetts denied a Newton Public Schools' motion for summary judgment regarding a former kindergarten teacher's claim for disability discrimination, despite the...
Can the Judge Give “Decisive Weight” to a Child’s Preference?
Recently in Jouret v. Buteau, Docket-18-P-68 (Mass. App. Ct. April 11, 2019) (Memo and Order Pursuant to Rule 1:28), the Appeals Court of Massachusetts vacated those parts of a modification judgment that eliminated Father's parenting time and prohibited his contact...
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...
Nonjudicial Foreclosures are not Subject to the FDCPA, says the Supreme Court
Until the Supreme Court's recent decision in Obduskey v. McCarthy & Holthus LLP, 139 S. Ct. 1029 (2019), if you were an entity engaged solely in the enforcement of security interests on loans, such as through nonjudicial foreclosure proceedings, the federal Fair...
United States Supreme Court to Consider Whether Fair Debt Collection Practices Act Subject to the Discovery Rule
The United States Supreme Court has agreed to consider a case that could resolve a split among the United States Courts of Appeals as to whether the discovery rule applies to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq. ("FDCPA"). Rotkiske v....
First Circuit Interprets the Rights of Receivers under 12 U.S.C. § 1821(d)(2)(A) in the Federal Deposit Insurance Corporation’s Favor
In Zucker v. Rodriguez, No. 17-1749 (1st Cir. 2019), the First Circuit interpreted the rights of Receivers under 12 U.S.C. § 1821(d)(2)(A) in the Federal Deposit Insurance Corporation's favor. When an insured depository institution fails, it is common for regulators...
Massachusetts Federal Court Finds Mediation Privilege Waivable, Applies “Manifest Disregard” Standard In Med-Arb Case
Last month, one defendant's application to vacate a med-arb award brought about two important developments in ADR case law in Massachusetts. In Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2019 WL 1437826 (March 30, 2019) ("Spruce v....
Does The Wage Act Apply To Employment In A Foreign Country?
The answer is: it depends. A Superior Court recently addressed that issue in Lockley v. Studentcity.com (Suffolk Superior Court, No.201801293-BLS2). Ms. Lockley, a resident of Colorado, brought a putative class action lawsuit alleging violation of the Wage Act...
Business Litigation Session Holds That Memorized Information Derived From Employment Can Violate Confidential Information And Non-Solicitation Clauses
In a novel recent decision, the Business Litigation Session of the Superior Court of Massachusetts held that a financial consultant who had left his job and then allegedly prepared a list of his old firm's clients entirely from memory on his first day with his new...
What Happens if Nothing is Happening in my Divorce Case?
Although it may be difficult to imagine for someone going through the difficult process of a divorce, on occasion divorce cases can linger for months, if not years, with little to no activity on the docket. The parties may have filed divorce papers, but never got...
Top Five Reasons to Include International Arbitration Provisions in Cross-Border Contracts
In our modern, globally interconnected world companies from different nations frequently enter into business agreements with one another. While such joint ventures can create exciting opportunities, they can also run into challenges, or sour altogether. Thus, it is...
What Qualifies As An Educational Use Under The Dover Amendment?
The Superior Court of Massachusetts recently annulled the decision of a local zoning board that had permitted construction of an outdoor aerial adventure park pursuant to what is commonly referred to as the "Dover Amendment" - i.e., G.L. c. 40A, § 3. In Sullivan v....
SJC Expands What Constitutes an Adverse Employment Action for Employment Discrimination
The Massachusetts Supreme Judicial Court (the "SJC") recently held that an employer's failure to approve a lateral transfer request of an employee can qualify as an adverse employment action in the context of employment discrimination. In Yee v. Massachusetts State...
Handling your First International Arbitration
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...
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...
What happens when a divorcing spouse actively misrepresents his or her income in the context of a child support or alimony analysis or tries to hide assets?
A recent Appeals Court case addressed that issue, affirming the trial court's judgment that found that the husband's misrepresentations about his income were egregious enough that the trial judge's use of discretion to attribute and impute income to the husband was...
Fitch Represents International Law Professors at the Supreme Court
Fitch attorney Jared Hubbard was at the Supreme Court this past November on behalf of a group of international law professors-including George Bermann of Columbia Law School and David Stewart of Georgetown Law School-who appeared as amici curiae (friends of the court)...
Condominium Boards and Fiduciary Duty: To Whom Does the Duty Extend?
Do you know what fiduciary duties your condominium board owes? And to whom the duty is owed? First, what, exactly, is a fiduciary duty? The nature of fiduciary duties depends on the nature of the relationship between the parties but, at its simplest, it is a duty of...
An Employer Cannot Retaliate Against an Employee for Filing a Lawsuit for a Workplace Injury
An employee who filed a workers' compensation claim for a workplace injury while she was a temporary worker may file a negligence lawsuit against the company even though the company became her employer after she received workers compensation benefits for the injury...
Can I relocate with my child after divorce?
If you're a parent of a minor child of divorce in Massachusetts, can you relocate to a different state or country with your child (an issue the courts call "removal")? Assuming no negotiated agreement to relocate with your co-parent (a preferred outcome in resolving...
Texas Judge Dismisses Suit Against ICDR
A judge of the U.S. District Court for the Southern District of Texas has dismissed a case against the International Centre for Dispute Resolution on the basis of arbitral immunity. The holding in Wartsila North America, Inc., et al v. International Centre for Dispute...
Property Inspections Are Not Debt Collection Under FDCPA
The United States Court of Appeals for the Seventh Circuit has held that inspections of properties encumbered by defaulted mortgages, even where the property inspector left a hang tag requesting the homeowner contact the mortgage servicer, is not debt collection under...
Commission Payments Are “Compensation” Under the Massachusetts Wage Act
The Massachusetts Wage Act, M. G. L. c. 149, § 148, governs how and when an employee's wages must be paid and provides that an employer who fails to comply with the Wage Act may be subject to treble damages and be ordered to pay the attorneys' fees of the employee who...
Does ROTC Participation Create an Emancipating Event?
In a recent decision by the Massachusetts Court of Appeals, the concept of a child's emancipation was at issue. In Bobblis v. Costa (https://www.mass.gov/files/documents/2018/10/18/17P0557.pdf), the court ruled that enrollment in ROTC does not constitute emancipation...
How does my pension get divided during divorce?
Part II of this blog post focuses on how pension plans are divided during divorce. You can read Part I on our site. Pension plans are different than other assets divided during divorce because we are trying to calculate the present value of a future benefit (a benefit...
Seeking Special Findings of Fact Regarding Special Immigrant Juvenile Status (SIJS) in the Probate and Family Court
Congress created the classification of "special immigrant juvenile" in the Immigration Act of 1990, providing that a certain percentage of immigrant juveniles would be allowed to petition for lawful U.S. permanent residency (i.e. "Green Card") if they met specific...
Seeking Special Findings of Fact Regarding Special Immigrant Juvenile Status (SIJS) in the Probate and Family Court
Congress created the classification of "special immigrant juvenile" in the Immigration Act of 1990, providing that a certain percentage of immigrant juveniles would be allowed to petition for lawful U.S. permanent residency (i.e. "Green Card") if they met specific...
Massachusetts Court Finds Bank Not Liable for IOLTA Scam Loss
The Business Litigation Session of the Massachusetts Superior Court has joined other courts in holding that a bank is not liable to its customer for wiring money to a foreign account at the customer's instruction. The Plaintiff, Sarrouf Law LLP ("Sarrouf"), alleged...
Emails and Agreement for Judgment Can Satisfy Statute of Frauds
Many consumers and corporate executives alike believe that in order to have a contract that a court will honor, a prospective litigant must produce a written contract signed by both parties to the agreement. In fact, oral agreements are often enforceable, but...
What are the Rule 410 Mandatory Document Disclosures?
The Rule 410 Mandatory Self Disclosure provisions of the Supplemental Probate and Family Court Rules is one of the most basic, yet misunderstood, requirements of divorce litigants. According to Rule 410, each party to a divorce or 209C action (or complaint for...
Getting the All Clear: Court Found Law Firm’s Reliance on Representation from Bank that Funds had Cleared was Unreasonable
In Colucci, Colucci, Marcus & Flavin, P.C. v. Citizens Bank of Massachusetts, No. CV 15-13536-GAO, 2018 WL 1567605, at *1 (D. Mass. Mar. 30, 2018), the United States District Court for the District of Massachusetts awarded summary judgment to Citizens Bank of...
What Is the Length of the Marriage When There Is More than One Complaint?
The Alimony Reform Act specifies statutory limits for the duration of alimony depending on the length of the marriage. The shorter the marriage, the shorter the duration of an alimony obligation. The length of marriage is defined as the "number of months from the date...
Third Circuit Holds FDCPA Statute of Limitations Runs from Violation, Not Discovery
The United States Court of Appeals for the Third Circuit has split with the Fourth and Ninth Circuits and held, en banc, that civil lawsuits alleging violations of the Fair Debt Collection Practices Act("FDCPA"), 15 U.S.C. § 1692 et seq., must be filed within one year...
Supreme Court Holds That Foreign Companies Cannot Be Sued Under Alien Tort Statute
The Supreme Court of the United States has held in a recent decision that foreign corporations that have committed human rights violations outside of the territory of the United States may not be sued in the United States federal courts under the Alien Tort Statute,...
Jim Brooks Community Stabilization Act Fails to Pass
Last month, the Judiciary Committee of the Massachusetts House of Representatives essentially killed any chance of the passage of the Jim Brooks Community Stabilization Act, Bill H.4142, by "referring the Act to study," a euphemism generally understood in the...
How Does My Pension Get Valued During Divorce?
A pension is one of the hardest earned assets a spouse can own. Divorce professionals are acutely aware of this and take great care to apply the same kind of focus, hard work and attention to detail to value a pension as the plan owner applied to earning it. This blog...
When Determining Alimony, the “Length of the Marriage” May Start Before “I Do”
The United States Census Bureau shows the median age of individuals at the time of their first marriage is becoming increasingly older for both men and women. Meanwhile, the number of unmarried individuals cohabiting with their significant others is growing. These...
My Home Contractor Is Unresponsive And Abandoned The Project Before Completion: What Damages Can I Recover?
Dealing with an unresponsive contractor who abandons a project before its completion is unfortunately a situation that many homeowners face. Left with an incomplete bathroom or kitchen, the homeowner has no choice but to promptly find a new contractor to complete the...
Do Former Corporate Officers Hold the Attorney-Client Privilege Jointly with the Corporation?
Until late 2017, the question of whether a former officer of a Massachusetts corporation has access to attorney-client privileged communications made while that officer was employed at the corporation, had not been directly addressed by Massachusetts courts. Recently,...
Inadequate Petition For Grandparent Visitation Must Be Dismissed
In a decision handed down on May 3, 2018, the Massachusetts Appeals Court reversed a Probate and Family Court Judge's ruling and held that the court must dismiss a petition for grandparent visitation "when the petition does not sufficiently allege why visitation is...
What happens at a pre-trial conference?
Many litigants, particularly in highly contested divorce or custody modification actions, often insist that their case will never settle, and will ultimately need to proceed to a trial. In fact, only a very small portion of such cases which are filed in the...
Passive Debt Buyers are not “Debt Collectors” Under Massachusetts Fair Debt Collection Practices Act
In an important decision for debt investors, the Supreme Judicial Court has ruled that passive debt buyers are not "debt collectors" under the Massachusetts Fair Debt Collection Practices Act ("MDCPA"). The decision, Dorrian v. LVNV Funding, LLC, can be found here....
Appeals Court Confirms Neighbors’ Easement Grants Right To Use of Beach in Hingham Harbor
In a recent case, the Massachusetts Appeals Court affirmed a Land Court decision holding that plaintiffs hold easement rights to access and use a beach in Hingham Harbor close to the parties' homes. Kane v. Martel, 92 Mass. App. Ct. 1130, at *1 (2018). Litigation...
Enforcement of International Arbitration Agreements Belongs in Federal Court
In the United States, the Federal Arbitration Act ("FAA") provides the rules that govern most arbitrations, and is binding on both state and federal courts. See 9 U.S.C. § 1 et seq. But the FAA is "something of an anomaly" in federal legislation as it "bestow[s] no...
Fiduciary Litigation Pilot Project of the Probate & Family Court Expanded
The Probate & Family Court recently announced that the Fiduciary Litigation Pilot Project under Standing Order 3-17 (https://www.mass.gov/probate-and-family-court-rules/probate-and-family-court-standing-order-3-17-fiduciary-litigation) has been expanded to apply...
A Reverse Mortgage Provision Incorporates The Statutory Power Of Sale Even Though It Omits The Word “Statutory”
Massachusetts is a non-judicial foreclosure state, meaning that a mortgagee is authorized to foreclose on a mortgaged property without obtaining prior court approval. The ability of a lender to exercise its "power of sale," that is without court approval, exists only...
I Didn’t Quit – You Fired Me!
An employee who voluntarily quits their job is, in most circumstances, not entitled to collect unemployment benefits or sue their employer for wrongful termination. However, an employee who believes they were forced to quit their job because their working conditions...
Land Court or Superior Court? Choosing a venue for your property dispute.
Parties involved in a real estate dispute in Massachusetts are fortunate to have choices when it comes to the venue of the litigation. One of the most strategic decisions that a plaintiff or defendant can make is deciding where to litigate the case. When it comes to...
Computer-Based Phone System Does Not Violate TCPA Prohibitions on Use of Automatic Telephone Dialing Systems
The United States District Court for the Southern District of Florida has agreed with the Northern District of Illinois's reasoning in Arora v. Transworld Systems Inc., 2017 WL 3620742 (N.D. Ill. Aug. 23, 2017), and found that a loan servicer's use of a computer-based...
Beware the Convention on the International Sale of Goods
Would it surprise you to learn that when you see a clause in your international sales contract stating that Massachusetts (or any other State's) law applies, that it actually incorporates an international treaty that will likely supersede the Uniform Commercial Code...
Removal Cases Before Determining Custody Arrangements
Removal matters - where one parent seeks to move with a child or children either to another state or to a place within the Commonwealth that is far enough away to cause a significant impact on the parenting plan - are amongst the most fraught cases that attorneys and...
You May Not Have Until December 31, 2018 to Avoid Losing the Alimony Deduction
One of the new provisions of the new tax reform bill - background here - is that the long-standing tax deduction for alimony will no longer be available for separation agreements and divorces obtained after December 31, 2018. Specifically, the reform applies to "any...
District of Columbia Court of Appeals Upholds CFPB’s Single-Director Power Structure
Authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau (the "CFPB") is an agency of the United States government that regulates banks, credit unions, debt collectors, and many other sectors of the American...
Bitcoin: What’s its Worth in Court?
The price of Bitcoin has recently skyrocketed, rising from $1200 per Bitcoin in the second quarter of 2017 to $ 10,000 per Bitcoin in 2018. However, the law has not kept pace: critical questions remain regarding how Bitcoin should be valued. For example, if Bitcoin is...
Bitcoin: What’s its Worth in Court?
The price of Bitcoin has recently skyrocketed, rising from $1200 per Bitcoin in the second quarter of 2017 to $ 10,000 per Bitcoin in 2018. However, the law has not kept pace: critical questions remain regarding how Bitcoin should be valued. For example, if Bitcoin is...
Fiduciary Litigation Pilot Project Provides Streamlined and Specialized Venue for Probate Litigation
One of the first questions that any attorney and potential litigant must consider when deciding whether to file a lawsuit is where to bring the case. Since November 2017, potential probate litigants in three Massachusetts counties have a new venue to consider, the...
Web-Based Dialing System Does Not Violate TCPA Prohibitions on Use of Automatic Telephone Dialing Systems
The United States District Court for the Northern District of Illinois has found that a debt collector's use of a web-based dialing system to contact an individual's cell phone without permission does not violate the Telephone Consumer Protection Act's ("TCPA"), 47...
The Pregnant Workers Fairness Act: Recommendations for Employers
On April 1, 2018, the Pregnant Workers Fairness Act (the "Act") takes effect. https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54. The Act amends Massachusetts' anti-discrimination law, G.L. c. 151B, which applies to employers with six or more employees, to...
Tax Reform Bill Eliminates the Alimony Deduction
The new tax reform bill (https://www.congress.gov/bill/115th-congress/house-bill/1), which was signed into law on December 22, 2017, eliminates (http://money.cnn.com/2017/12/15/pf/taxes/alimony-tax-bill/index.html) the tax deduction for alimony payments for separation...
The Positive-Selfish-Side of Effective Co-Parenting
In contested custody cases where a child rejects contact with a parent, the rejected parent often accuses the aligned parent of engaging in alienating behaviors that are intended to sever the attachment between the child and the rejected parent. But aligned parents...
Obtaining Discovery in the U.S. for Use in Foreign Tribunals
Foreign litigants recently successfully sought the assistance of the United States District Court for the District of Massachusetts in obtaining discovery of Massachusetts residents and a Massachusetts company for use in a foreign proceeding. See In re Penner, No....
Medical Marijuana in the Workplace
In a recent landmark decision, Barbuto v. Advantage Sales & Marketing, LLC, the Supreme Judicial Court ruled that an employer that terminated an employee for testing positive for marijuana use (which violated the company's policy) could be found to have...
Mass. Appeals Court Rejects Bank’s Attempt to Hold Surviving Spouse Liable for Late Husband’s Refinancing Note
The Massachusetts Appeals Court recently denied a mortgagee's attempt to invoke the doctrine of equitable subrogation to hold the surviving spouse of a mortgagor liable for a second mortgage on their residence--owned by the married couple as tenants in the...
50/50 Parenting: Quantity versus Quality
I recently came across Edward Kruk, PhD's article in Psychology Today entitled "Equal Parenting and the Quality of Parent-Child Attachments." The article summarizes research on parenting plans that I have found useful in support of some clients' requests for equal...
International Arbitration War Wages Over Pineapples
The Court of Appeals for the Eleventh Circuit will be the next body to weigh in on a dispute between Del Monte International GmbH ("Del Monte") and Inversions y Procesadora Tropical INPROTSA, S.A. ("INPROTSA") over an exclusive sales agreement for pineapples. The case...
Massachusetts Superior Court Decides That Right to Arbitration was Waived Due to Litigation Conduct
In a recent Superior Court decision, a judge held that there is a presumption that courts, not arbitral tribunals, have exclusive jurisdiction over the issue of whether a party has waived a contractual right to arbitration by engaging in substantial litigation before...
ATM Operators Not Required to Disclose Third Party Fees
The United States District Court for the District of Maryland has confirmed that an ATM operator is not required to disclose the amount of fees charged by a third party, such as the cardholder's financial institution, for the transaction. The plaintiff in Alston v....
CFPB Anti-Arbitration Rule Repealed
On Wednesday, November 1, 2017, President Donald Trump signed legislation repealing an anti-arbitration rule that the Consumer Financial Protection Bureau ("CFPB") had promulgated in early July. Repeal of the CFPB rule was welcomed by representatives of the financial...
Young v. Young: The SJC Places a Time Limitation on the Determination of “Need” in the Alimony Reform Act
In the Alimony Reform Act of 2011, St. 2011, c. 124 ("the Act"), "alimony" is defined as "the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time . . . ." G. L. c. 208, § 48. However, because...
Creative American Arbitration Association (AAA) Procedure Offers Cost-Savings for Three-Arbitrator Panels
The American Arbitration Association ("AAA") has announced on its website that it is offering a "Streamlined Three-Arbitrator Panel Option" for large, complex cases. It's a fresh idea that is worthy of parties' consideration in cases where the rules (see Section...
U.S. Supreme Court Limits Scope of FDCPA.
On June 12, 2017, the United States Supreme Court decided a case captioned Henson v. Santander Consumer USA, Inc., No. 16-349. In an opinion authored by newly-appointed Justice Neil Gorsuch and hailed by the financial services industry, the unanimous Court held that a...
Failure to Record Complaint Requires Dismissal Under Statute of Repose
The Massachusetts Land Court has held that a plaintiff's failure to timely file a copy of a complaint challenging a foreclosure with the registry of deeds, as required by Mass. Gen. Laws c. 244, § 15, requires dismissal of a complaint challenging the subject...
Derivative suits on behalf of LLCs: No futility exception? Not so fast.
Must all derivative suits in Massachusetts be preceded by a written demand that a company take action? No. Members (shareholders) of a limited liability company seeking to bring suit derivatively on behalf of the LLC can do so without written demand. While much has...
A Notice of Default That Does Not Strictly Comply With Paragraph 22 Of The Mortgage Renders a Foreclosure Sale Void So Long As The Issue Of Noncompliance Was Asserted In Court Before July 17, 2015
The Supreme Judicial Court ("SJC") recently held that its holding in Pinti v. Emigrant Mtge Co., 472 Mass. 226, which was decided on July 17, 2015, "applies in any case where the issue was timely and fairly asserted in the trial court or on appeal before July 17,...
Superior Court Denies College’s Attempt to Hold Auditor Liable for Failure to Detect Employee’s Fraud
In an important recent decision in the Business Litigation Session of the Massachusetts Superior Court, Judge Kenneth W. Salinger rejected Merrimack College's attempt to hold its auditor KPMG, LLP liable for its failure to discover an employee's fraud. In Merrimack...
Signing Certified Mail Receipt Satisfies Requirement to Acknowledge Receipt of Borrower’s Request for Information
The United States Court of Appeals for the Eleventh Circuit has held, in a matter of first impression, that signing a borrower's certified-mail return receipt can serve as a loan servicer's acknowledgment of receipt of a borrower's written request for information....
Haunted House Hunting and the Duty to Disclose
In a competitive real estate market like Greater Boston's, more homebuyers are agreeing to what previously would have been seen as a draconian contract term: purchasing a home without first conducting an inspection. But today, in a hot seller's market, it may be a...
A Parenting Coordinator Can Help Prevent Hostile and Dictatorial Toned Emails Counter-Productive to Effective Co-Parenting
In Leon v. Cormier the MA Appeals Court upheld a contempt judgment against a mother who violated a parenting coordinator's order related to the mother's e-mail communications with the father. Specifically, the parenting coordinator ("PC") ordered that "as a rule,...
Massachusetts Prenuptial Agreement Signed One Day Prior to Wedding Upheld: Size and Formality of Wedding and Prior Divorce Matters
The Massachusetts Appeals Court has issued a Rule 1:28 Memorandum and Order in a divorce case entitled Roof v. Abelowitz upholding the validity and enforceability of a prenuptial agreement that the wife signed only one day prior to the wedding. The court considered...
How Do Criminal Charges Issue?
When an individual is charged with a crime over which the District Court has jurisdiction (all misdemeanors, felonies punishable of a sentence of up to five years and certain other felonies), a criminal complaint issues against them. A criminal complaint is the...
Are The Costs Of Mediation Recoverable In Fee-Shifting Cases?
Cost can be a deterrent when parties are considering whether to mediate a complex business dispute. Mediation is an excellent opportunity to settle a case in advance of costly trial preparation, but mediation requires parties to pay for both a mediator and their...
Probate and Family Court Standing Order 1-17 Sets Rules for Parent Coordinators
A parent coordinator can be a blessing in high-conflict divorce or support cases involving parenting and custody of a child or children. Occasionally, parents, for one reason or another, are unable to communicate effectively about parenting time, extracurricular...
District of Columbia Court of Appeals will Rehear PHH v. CFPB
Authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau (the "CFPB") is an agency of the United States government that regulates banks, credit unions, debt collectors, and many other sectors of the American...
Failure to Comply With Post-Foreclosure Notice Provisions Does Not Void Foreclosure
The Massachusetts Supreme Judicial Court ("SJC") has held that a bank's failure to comply with post-foreclosure notice provisions in Mass. G.L. c. 244, § 15A ("Section 15A"), does not render a foreclosure void. Turra v. Deutsche Bank Trust Company Americas, 476 Mass....
What a Financial Statement Is and Why You Need One
Many clients describe the Rule 401 financial statement as "a giant pain," "putting square pegs into round holes," or "the most annoying thing I've ever done in my life." While filling out a financial statement can often be fairly simple, sometimes it can take days or...
The Ninth Circuit Holds that the Enforcement of a Security Interest is Not Always “Debt Collection” Subject to the Fair Debt Collection Practices Act
The United States Court of Appeals for the Ninth Circuit recently held that a lender's agent is not a "debt collector" within the meaning of the Fair Debt Collection Practices Act ("FDCPA") when it sends certain notices to the borrower in connection with a...
Whistleblower Act: Allegations of Retaliation Fail Where the Conduct for Which the Retaliation is Alleged Was Committed by Co-Workers, Not Employer
The Whistle Blower Act, Mass. General Laws Ch. 149 § 185(b), provides that a public employer may not retaliate against a public employee who has (1) "blown the whistle" or, in other words, disclosed an activity, policy or practice of the employer that the employee...
Ninth Circuit Holds Opt-In Foreclosure Notice Statute Violates Due Process
The United States Court of Appeals for the Ninth Circuit has joined the Fifth Circuit in finding that a statutory scheme in which mortgage lenders were required to affirmatively opt-in to receive notice of foreclosures by homeowners' associations violates the lenders'...
D.C. Circuit Rules Structure of Consumer Financial Protection Bureau Unconstitutional
In a highly anticipated decision and the first judicial review of a Consumer Financial Protection Bureau ("CFPB" or the "Bureau") administrative enforcement action, the United States Court of Appeals for the District of Columbia Circuit ruled in October 2016 that the...
Ninth Circuit Joins the Dissenter, Holds that Employers Can Not Prohibit Concerted Actions
The Supreme Court may soon be taking on an issue that has divided several of the federal circuit courts. The circuits disagree on a fundamental question that relates to arbitration and labor law - whether an agreement to arbitrate is valid when an employee waives the...
Lesson in Co-parenting from the Presidential Debate
A final question to the candidates during a recent presidential debate reminded me of a topic that often comes up in the context of co-parenting work in high-conflict cases, interviews by custody evaluators, questioning at depositions in custody disputes, documents...
D.C. Circuit Sends Claims Against Airbnb for Discrimination to Arbitration Proceedings
Recently, the #Airbnbwhileblack hashtag started floating around social media as a way to bring awareness to several reported instances of African Americans having issues with booking accommodations through Airbnb, a service that allows peer-to-peer short-term rentals...
Potential Regulation of Overdraft Services on Checking Accounts Still Under Consideration by the Consumer Financial Protection Bureau
By: Nathalie K. Salomon The Consumer Financial Protection Bureau (CFPB) is considering potential regulations related to overdraft services on checking accounts. An overdraft occurs when a consumer withdraws more money than he has in his account. When a bank covers the...
Massachusetts Appeals Court Reaffirms MERS’ Role As Mortgagee
The Massachusetts Appeals Court, in a Rule 1:28 decision, has once again reaffirmed its holdings in Sullivan v. Kondaur Capital Corp., 85 Mass.App.Ct. 202 (2014) and Shea v. Federal Natl' Mort. Assn., et al., 87 Mass.App.Ct. 901 (2015), that the Mortgage Electronic...
Appeals Court Holds That Condominium Owners Can Waive Constitutional Rights In Bylaws
The Massachusetts Appeals Court considered whether a provision in condominium by-laws unfairly prevented individual unit owners from seeking the intervention of the court where the unit owners alleged that the condominium's trustees had breached their fiduciary duties...
Ninth Circuit Denies Class Action For Allegedly Fraudulent Mortgage Modification Delays and Subsequent Foreclosures
The United States Court of Appeals for the Ninth Circuit has refused to reinstate a putative class-action suit accusing numerous banks and other mortgage servicers of fraudulently enticing mortgagors into applying for mortgage loan modifications to continue collecting...
International Recovery of Child Support
On August 30, 2016, President Obama signed the instrument of ratification for the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance. A White House press release of the same date describes the Convention's "numerous...
Driving Away From the Courts: Uber Drivers Must Arbitrate
In a recent decision, the Ninth Circuit Court of Appeals in San Francisco, ruled that private arbitration agreements between Uber and two former drivers in California and Massachusetts were valid and enforceable. The former drivers, who were seeking protections for...
How To Obtain Record Title To a Parcel of Land When a Recorded Plan Shows That You Own It but a Prior Recorded Plan Says Otherwise
By: Nathalie K. Salomon To determine who owns a parcel of land, it is necessary to conduct a title examination at the registry of deeds of the county where the land lies. A title examination involves two aspects: (1) a determination of the chain of title to identify...
Supreme Judicial Court Reconsiders What It Means to Be a Legal Parent in Massachusetts
Last month, the Commonwealth's highest appellate court considered how legal parenthood is defined in the context of children born to a same-sex couple as a result of artificial insemination. The case, Partanen v. Gallagher, is currently under advisement by the Supreme...
Massachusetts Supreme Judicial Court Rejects Challenge To Attorney’s Authority To Conduct Foreclosure Activities For Client Without Written Authorization
The Massachusetts Supreme Judicial Court (the "SJC) has rejected a challenge to the authority of an attorney to conduct foreclosure activities on behalf of clients without specific written authorization to perform those activities. See Federal National Mortgage...
Federal Circuit Rules that Patent Suits Can Continue to Be Filed in Any District Where Defendant is Subject to Personal Jurisdiction
In a highly anticipated decision, the Federal Circuit recently issued an opinion denying a request made by TC Heartland LLC ("Heartland") for new restrictions on where patent suits can be filed. In Re TC Heartland LLC, No. 2016-105, slip. op. (Fed. Cir. April 29,...
Employers May Not Prohibit Class Actions, Holds The 7th Circuit
The 7th Circuit Court of Appeals recently created a schism between the Circuits that may lead to the Supreme Court's intervention on an important issue: whether an employer may bar employees from bringing class action claims by requiring claims to be arbitrated. The...
DFPB Proposes Rule That Would Restore Consumer Right To Sue Banks
In AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the United States Supreme Court ruled that the Federal Arbitration Act preempts state laws that prohibit consumer contracts from disallowing class-wide arbitration. On May 5, 2016, however, the Federal...
Appeals Court Dismisses HAMP-Based Negligence Claim
In a post-foreclosure lawsuit, Santos v. U.S. Bank National Association, et al., 2016 WL 3636049 (Mass.App.Ct. 2016), a borrower ("Santos") alleged inter alia that a foreclosing mortgagee ("U.S. Bank") and its loan servicer negligently handled his applications for a...
A Primer On The Defend Trade Secrets Act
A trade secret in the United States, once protected under state common law and state statute, is now officially a matter of national importance. President Barack Obama signed into federal law on May 11, 2016 the bi-partisan Defend Trade Secrets Act (DTSA), which...
Land Court Holds Unsigned Memorandum of Understanding Not Sufficient To Bind Parties to Real Estate Conveyance
In a recent Land Court case, the Court held that an unsigned Memorandum of Understanding regarding an ownership interest in a home on Nantucket was not binding upon the parties. In Slover v. Carpenter, Walter Boyd Jr. and his sister Josephine Carpenter owned a house...
Division of Banks Issues Warning About ATM ‘Skimming’
The Massachusetts Division of Banks (the "Division") has issued a letter to Non-Bank ATM Registrants in the Commonwealth to warn them about a "concerning increase" in ATM skimming fraud. The Division's March 16, 2016 letter is published on its website. ATM skimming...
CFPB Proposes Rule That Would Restore Consumer Right To Sue Banks
In AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the United States Supreme Court ruled that the Federal Arbitration Act preempts state laws that prohibit consumer contracts from disallowing class-wide arbitration. On May 5, 2016, however, the Federal...
For Better (But Not For Worse): Premarital Agreements May Offer Protection From Marital Debt
Prior to walking down the aisle in 2014, celebrity power-couple Kanye West and Kim Kardashian entered into a prenuptial agreement, a fact that was far from surprising given that Forbes pegged the parties' respective net worths at $100 million and $40 million dollars,...
China v. the Philippines: Can Countries Ignore International Arbitration?
As President Obama meets with Asian leaders this week, his conversations with Chinese president Xi Jinping will surely touch on what has become a contentious topic with deep implications in the international community - namely, the rise of Chinese expansionism into...
U.S. District Court Dismisses Claims Arising From Check Fraud Scheme
In Armenian Missionary Association of America, Inc. v. TD Bank, N.A., et al, 87 UCC Rep. Serv. 2d 766 (D.N.J. 2015), the United States District Court for the District of New Jersey dismissed check fraud claims brought against TD Bank N.A. ("TD"). Plaintiff Armenian...
The Benefits of Practicing in the Massachusetts Land Court
A silver lining to finding oneself involved in a property dispute is the opportunity to resolve the issue in one of the Commonwealth's specialized courts, the Massachusetts Land Court. The types of legal disputes that Land Court judges decide vary in type and scope,...
Mandatory Self-Disclosures in Family Court: What Do the Finances Look Like?
In any divorce, the division of assets and support calculation (if any) will be one of the main, if not the main, focal points of the divorce process. In order to accomplish this task, both parties and their counsel should have a thorough understanding of the parties'...
Connecticut Supreme Court Upholds Mortgage Recording Fees for MERS
The Connecticut Supreme Court has upheld state legislation imposing an aggregate fee increase of approximately $5 million for mortgages recorded in Connecticut registries by Mortgage Electronic Registration Systems, Inc. ("MERS"). See MERSCORP Holdings Inc., et al. v....
Alimony: Understanding What Qualifies As Alimony, And “Alimony Recapture” Rules
Alimony is the payment of money (i.e., cash) made to, or on behalf of, a former spouse provided that: a. such payment is made pursuant to a written divorce or separation instrument; b. the divorce or separation instrument does not designate the payment as one that is...
LISA GOODHEART AND THREE COLLEAGUES JOIN FITCH
We are very pleased to report that Lisa C. Goodheart, Andrea Studley Knowles, Alessandra W. Wingerter and Srish Khakurel have joined Fitch’s preeminent team of lawyers dedicated to the mission of excellence in complex litigation. Attorneys Goodheart, Knowles, Wingerter and Khakurel previously practiced together at Sugarman, Rogers, Barshak & Cohen, P.C.
The highly acclaimed Lisa C. Goodheart, a partner at Fitch, is among the best trial lawyers in the United States. Her litigation practice spans a broad range of complex environmental, energy, land use, real estate, insurance, business and government disputes. She is a Fellow of both the American College of Trial Lawyers and the American College of Environmental Lawyers and has been consistently recognized by The Best Lawyers in America, Chambers USA, Who’s Who Legal and Massachusetts Super Lawyers (listed as a Top 10 Massachusetts Super Lawyer, 2007-2023). She has also been named as one of the 2023 Lawdragon Green 500: Leaders in Environmental Law. Lisa is a past President of the Boston Bar Association and has served in a number of other leadership positions in the legal community. She is a member of the Massachusetts Access to Justice Commission, and the immediate past chair of the Massachusetts Court Management Advisory Board, a statutory body to which she was appointed by the Supreme Judicial Court. She also served, for four consecutive one-year terms, as the chair of the Massachusetts Judicial Nominating Commission by appointment of Governor Deval Patrick. Lisa holds degrees from the University of Pennsylvania Law School, J.D., cum laude, and Williams College, B.A., cum laude, Phi Beta Kappa.
Andrea Studley Knowles, a partner of the firm, focuses her practice on business disputes, product liability defense and employment matters. She is listed by The Best Lawyers in America in the area of Product Liability Litigation – Defendants and is regularly recognized as a Massachusetts Super Lawyer. Andrea counsels and represents businesses and business owners in matters involving contract disputes and alleged violations of consumer protection statutes, including consumer class actions. She defends manufacturers and retailers in litigation involving the design and manufacture of consumer goods, including power tools, electrical equipment, lawn-and-garden equipment and automotive components. In her employment practice, Andrea serves both as adviser and advocate. She provides training and counsels business clients on developing robust workplace policies and practices to minimize risk of litigation. When litigation arises, she defends clients, in court and before administrative boards, against allegations of discrimination, sexual harassment, retaliation, wrongful termination, and other related wrongs. Andrea is a graduate of New York University School of Law, J.D., and Boston College, B.A., magna cum laude, Phi Beta Kappa.
Alessandra W. Wingerter, an associate lawyer at Fitch, litigates environmental, land use, real estate, and administrative disputes. Her experience on behalf of public and private clients encompasses the areas of zoning, permitting and land use litigation, including litigation under the state hazardous-waste laws (Chapter 21E and the Massachusetts Contingency Plan), local environmental laws, and other environmental statutes and regulations. Alle served as a law clerk for the Honorable Paul A. Suttell, Chief Justice of the Rhode Island State Supreme Court and the Honorable Gordon H. Piper, Chief Justice of the Massachusetts Land Court. She holds degrees from Vermont Law School, J.D., cum laude, Yale School of the Environment, M.E.M., and St. Lawrence University, B.A., cum laude.
Srish Khakurel, an associate lawyer at Fitch has gained experience in a variety of business disputes and real estate litigation matters. He has worked as a Fellow at Lawyers for Civil Rights and as an associate in the Boston office of a global law firm handling a range of litigation and enforcement matters. Srish was also a Judicial Intern for the Honorable George O’Toole, Jr., in the U.S. District Court for the District of Massachusetts. He is a graduate of Boston College Law School, J.D., magna cum laude, Order of the Coif, where he was a senior editor of the Boston College Law Review. Srish completed undergraduate studies at Trinity College, B.A., with honors in International Studies, Phi Beta Kappa and was named the President’s Fellow of International Studies. He is fluent in Nepali and proficient in Hindi.
Steven E. Gurdin and Carlos A. Maycotte will be Conference Co-Chairs at the 26th Annual MCLE Family Law Conference on May 19, 2023. During the conference Mr. Gurdin will moderate a discussion about cryptocurrency forensics and Mr. Maycotte will moderate a discussion regarding the interplay between child support and alimony as a result of the recent SJC opinion Cavanagh v. Cavanagh.
On May 9, 2023, Mr. Gurdin moderated the MCLE Family Court Judicial Forum. This marked Mr. Gurdin’s 20th consecutive year as the moderator. Judges from the Middlesex, Norfolk and Essex Counties Probate and Family Courts sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
FITCH is a proud Corporate sponsor of the 25th Annual Nancy King Memorial Golf Tournament to support the MetroWest Legal Services offices which is committed to protecting rights and improving lives by offering pro bono legal services to persons in need.
Fitch Law Partners LLP is pleased to announce the two winners of the 2022-2023 Fitch Law Partners Scholarships. The Fitch Law Partners Scholarships are awarded annually and are based upon an applicant’s essay and academic achievements.
Future Law Student
Haleigh Hoskins: Haleigh Hoskins is native of Peoria, Illinois. She holds a Bachelor of Arts from Spelman College and a Master of Arts from Northwestern University. This fall, Haleigh will be attending Washington University in St. Louis School of Law where she plans to focus on civil rights litigation. She plans to use her upbringing and past experiences as a Black, first generation student to enrich the law school experience and legal profession, for herself and others.

Current Law Student
Kevin Corkran: Kevin Corkran is a rising 3L at Boston College Law School. During his time in law school he has worked on legislation designed to eliminate the usage of cash bail, change the state income tax rate, and expand voting on college campuses. This past spring, Kevin participated in BC Law’s Parole Clinic working on decarceration in Massachusetts. After law school, Kevin hopes to practice election law in order to guarantee voting rights are enforced across the country.
All at Fitch Law Partners LLP wish Ms. Hoskins and Mr. Corkran luck as they as they pursue their legal educations.

AFCC 59th Annual Conference Chicago
Jeffrey A. Soilson will be presenting a seminar entitled Substance Use and Family Court Litigation at the annual national AFCC (Association of Family and Conciliation Courts) conference in Chicago on May 13, 2022. This year’s conference is focused on the use, misuse and abuse of technology in family law.
For more information: https://www.afccnet.org/Conferences-Training/AFCC-Conferences/ctl/ViewConference/ConferenceID/249/mid/615
Fitch Law Partners LLP is pleased to announce the two winners of the 2020-2021 Fitch Law Partners Scholarships. The Fitch Law Partners Scholarships are awarded annually and are based upon an applicant’s essay and academic achievements.
Future Law Student
Brea Childs: Brea is a graduate, cum laude, of New York University where she earned a Bachelor of Arts in History, with minors in Africana Studies and Spanish. Brea will be attending Boston University School of Law in the fall. A dual citizen of the United States and United Kingdom, Brea was inspired to pursue a career as a lawyer by her Nigerian maternal grandfather, whose law experience allowed him to save the family’s London home from a program of government takings in the 1980s. Currently working for Earthjustice in Los Angeles, Brea works to combat environmental racism by improving the air quality and decreasing pollution in communities of color. Brea plans to use her law degree to address global racial injustices through international human rights law.

Current Law Student
Alexis Kallen: Alexis will be attending Yale Law School in the fall. She graduated from Stanford University in 2018, earning a Bachelor of Arts, with distinction, in Political Science with minors in Spanish and Human Rights. This July, Alexis completed an M.Phil. in Development Studies at the University of Oxford with funding from the Rhodes Scholarship, and she received academic honors in her degree program. Born with cerebral palsy, Alexis has overcome years of hardship, including intense economic struggles that led to years of housing insecurity. Despite these obstacles, Alexis excelled in school and experienced firsthand how legal rights and protections can allow people to succeed and flourish. Alexis plans to use her legal education to become an advocate for the marginalized.
All at Fitch Law Partners LLP wish Ms. Childs and Ms. Kallen luck as they embark on their legal educations.

Steven E. Gurdin will be Conference Co-Chair at the 23rd Annual MCLE Family Law Conference on May 29, 2020. During the conference, Mr. Gurdin will moderate the Family Court Judicial Forum. This marks Mr. Gurdin’s 17th consecutive year as the moderator. Judges from the Suffolk, Plymouth and Essex Counties Probate and Family Courts will sit on the panel and deliver their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
Jonathan W. Fitch Appointed Fellow of the College of Commercial Arbitrators
Jonathan W. Fitch, managing partner of Fitch Law Partners LLP has been invited to join the College of Commercial Arbitrators as a Fellow.
As described on its website, “The College of Commercial Arbitrators (CCA), established in 2001, celebrates and advocates excellence in the field of commercial arbitration– in the US and internationally. As the world’s most prestigious alternative dispute resolution professional organization, CCA both defines and promotes the highest standards of arbitrator ethics, standards of conduct, and best practices in alternative dispute resolution.
CCA is an invitation-only organization that provides meaningful contribution to the profession, the public, the legal sector and to the businesses that implement commercial arbitration as a means of dispute resolution.
The Fellows of CCA are the elite within the profession. They have the professional training, judgment and years of experience to undertake the most complex and difficult commercial arbitration assignments.”
Mr. Fitch is an arbitrator in international and domestic arbitrations involving technology, life sciences, and complex commercial matters. He says, “I am honored to be appointed a Fellow of CCA. I look forward to working with a superb group of colleagues, many of whom I know well and highly respect, in advancing CCA’s mission.”
FITCH Wins Settlement for Client in a Multi-Million Dollar International Arbitration Against Fortune 500 Company
Fitch Law Partners recently concluded a multi-million-dollar arbitration on behalf of Ya YA Foods Corp. (“Ya YA”) against Core Nutrition LLC (“Core”), a subsidiary of Fortune 500 member Keurig Dr. Pepper Inc. (“KDP”). Ya YA is a Canadian company that provides co-packing services to drinks manufacturers and had signed a long-term co-packing agreement with Core in 2016. Core was acquired by KDP in 2018, and in July 2019 informed Ya YA that it would not longer be ordering production from Ya YA under the agreement.
Ya YA engaged FITCH to pursue its rights under the agreement, which included a minimum order requirement. FITCH’s experienced team of international arbitration practitioners, including partners Jonathan Fitch, Jared Hubbard and associate Malgorzata Mrozek, immediately jumped into action, initiating an expedited international arbitration against Core under the JAMS rules, seeking more than $2.3 million in damages.
After proceeding through several months of arbitration, the parties resolved their dispute in a confidential settlement which met our client’s expectations. As managing partner Jonathan Fitch explained: “FITCH prides itself on providing sophisticated representation in complex international commercial arbitration. Our capable team delivered an excellent outcome to our Canadian client after just a few months of carefully focused activities.”
Hasbro, Inc. Settles Misappropriation Case with Client of FITCH
Boston, MA., March 27, 2020. In advance of a federal jury trial scheduled for April, Marisa Pawelko, an inventor in arts and crafts products, and Hasbro, Inc. have reached a settlement of Pawelko’s case for misappropriation of trade secrets and breach of a confidentiality agreement relating to Pawelko’s “Liquid Mosaic” invention, Marisa Pawelko, D/B/A The Modern Surrealist v. Hasbro, Inc. C.A. No. 16-201-M (District of Rhode Island). The terms of the settlement are confidential.
Pawelko was represented in the lawsuit by a team of lawyers from Fitch Law Partners LLP.
On winning the settlement, Pawelko says, “Jonathan W. Fitch, Nathalie K. Salomon, Ryan M. Cunningham and Terrance D. Lanier successfully represented me in the misappropriation of trade secret and breach of contract lawsuit that I brought against Hasbro. The issues of the case were very nuanced and complex. The FITCH team had the focus and intelligence to understand and remember everything from top to bottom. Throughout the entire process they were always well prepared, professional, sensitive to my concerns, and had all the right answers. Seeing that I was in such good hands, I trusted their strategic advice every step of the way, and I could not have been happier with my team. In addition to being a total class act in their work, they were an absolute pleasure to collaborate with. The process of working with them was so enjoyable, that once the case was settled, I actually felt sad that our work together had come to an end.”
Mrózek Wins Relief for Client in Housing Court
Malgorzata Mrózek recently achieved a successful result for a pro bono client in the Eastern Division of the Housing Court. For years the client’s apartment building and unit, owned and maintained by a housing authority, have been in violation of the state sanitary code. Ms. Mrózek, with assistance from the Volunteer Lawyers Project, filed a complaint against the housing authority and moved for a temporary restraining order compelling the housing authority to make repairs in the apartment unit and building. After mediation with a Housing Court Specialist, the housing authority entered into an agreement to make all the repairs sought in the motion for temporary restraining order. The mediated agreement included a timeline that was agreeable to client, allowing her to be present in her apartment when the repairs are made. A status conference is scheduled in May to ensure the housing authority is complying with the agreement.
Jonathan W. Fitch Recognized as a Leading Technology Arbitrator
The Silicon Valley Arbitration & Mediation Center has named Jonathan W. Fitch to its 2020 SVAMC Tech List of the World’s Leading Technology Arbitrators. SVAMC reports that the 51 neutrals appointed to the peer-vetted list are exceptionally qualified arbitrators and mediators also known for their skill in crafting business-practical solutions in the global technology sector. Mr. Fitch says, “I am honored to be appointed again to the SVAMC’s Tech List and to join an outstanding group of colleagues serving SVAMC’s mission.” As a leading arbitrator in technology disputes, Mr. Fitch is appointed to the AAA-ICDR®’s Life Sciences panel of arbitrators, and he has served as arbitrator for pharmaceutical, biotech and medical device arbitrations. He is also a member of the steering committee of the Boston Chapter of Chartered Institute of Arbitrators (“CIArb”), the world’s leading professional body for dispute avoidance and dispute management.
FITCH Helps Organize Inaugural Boston International Arbitration Day
FITCH Law Partners helped to organize and coordinate the inaugural Boston International Arbitration Day, which was hosted by Ropes & Gray LLP on Friday, February 28, 2020 with more than 100 attendees. FITCH partner Jared Hubbard serves as the President, and Jonathan Fitch is a Founding Director of the Boston International Arbitration Council (“BIAC”), which organized the event. Mr. Hubbard says, “The Inaugural Boston International Arbitration Day was a tremendous success and goes to show the strong international arbitration community and practice here in Boston. We look forward to building on this success as we continue to promote Boston as a leading hub for international arbitration.”
The event featured an introduction from Professor William W. Park, one of the world’s leading arbitrators, and a keynote address on how best to control your arbitration from Professor Christopher Gibson of Suffolk University, who also serves as a distinguished international arbitrator, particularly for intellectual property disputes. It included a panel discussion of “Why Boston?” explaining all of the benefits of Boston as a preferred seat for international arbitration, including speakers from the Massachusetts Office of International Trade and Investment, the Massachusetts Biotechnology Council, as well as local and national practitioners and experts. A second panel focused on the in-house experience, with speakers from some of the most prominent Boston companies—General Electric, Raytheon, Iron Mountain, and Takeda Pharmaceuticals—discussing their own practice and experience with international arbitration.
Looking to the future, Mr. Hubbard explains, “Following on its success, BIAC will be making this an annual event, paired with the already excellent and well-established Harvard International Arbitration Conference the following day, for a truly phenomenal opportunity to hear from many of the most prominent practitioners and arbitrators in the field.”
Andrea Peraner-Sweet Co-Authors Article Published in the Winter Edition of the Boston Bar Journal
Ms. Peraner-Sweet and her co-author discuss the First Circuit’s ruling in Capron v. Attorney General of Massachusetts that Massachusetts wage and hour laws apply to au pairs and are not preempted by federal law. To continue reading please click on the below link. Massachusetts Wage and Hour Laws Apply to Au Pairs.
Steven E. Gurdin will be Conference Co-chair and Carlos A. Maycotte will be a panelist at the Divorce Law: MCLE BasicsPlus
Divorce Law: MCLE BasicsPlus will be held on February 27 and 28, 2020 from 9:30 a.m. to 4:30 p.m. at the MCLE Conference Center, Ten Winter Place, Boston. This is a comprehensive two-day course that provides the family law practitioner with the fundamental skills and approaches necessary to effectively represent clients in divorce. Through a variety of lectures, demonstrations, and ‘hands-on’ workshops, conference attendees gain the tools to become a proficient divorce law practitioner.
Steven E. Gurdin and Kelly A. Schwartz Author Article Published in the Boston Bar Journal
After Goodridge: the Potential of Equal Protection Challenges Under the Massachusetts Constitution Involving Non-Economic, Personal Interests by Steven E. Gurdin and Kelly A. Schwartz was recently published in the Boston Bar Journal.
Mr. Gurdin and Ms. Schwartz analyze how, pursuant to an enhanced rational basis standard of review, the Commonwealth’s statutes related to grandparent visitation and custody of children born out of wedlock potentially violate the right to equal protection under the Massachusetts Constitution.
Steven E. Gurdin as a guest lecturer at New England Law – Boston
Steven E. Gurdin was a guest lecturer at New England Law – Boston in the Family Law Course. Mr. Gurdin spoke on various constitutional law issues involving grandparent visitation rights, unwed father’s rights and constitutional limits on family definitions.
Steven E. Gurdin chairs MCLE’s 50th Anniversary Series program on Family Law
Steven E. Gurdin chairs MCLE’s “Major Developments and Traps for the Unwary” Family Law Program as part of MCLE’s 50th Anniversary celebration. Mr. Gurdin discussed how the Probate and Family Court has evolved and changed in recent years and significant changes in the law relating to children, alimony and property division.
“Supervised Parenting Time: When, How and Why Appropriate?”
Jeffrey A. Soilson was a panelist at the BBA’s program, “Supervised Parenting Time: When, How and Why Appropriate?” where he, along with two Probate and Family Court judges and a parenting supervisor expert, examined difficult issues surrounding supervised parenting and offered insights, strategies and practical advice for practitioners representing parents involved in supervised parenting situations.
Steven E. Gurdin as a panelist at the 29th Annual Massachusetts Bar Association Family Law Conference at Chatham Bars Inn
Steven E. Gurdin was a panelist at the 29th Annual Massachusetts Bar Association Family Law Conference. Mr. Gurdin spoke on various trial practice techniques and evidentiary issues. He also conducted a trial witness examination of the Wife and a professional trustee in a mock trial setting with two Associate Justices of the Probate and Family Court presiding over the trial.
Steven E. Gurdin as a guest lecturer at New England Law – Boston
Steven E. Gurdin was a guest lecturer at New England Law – Boston in the Law Practice Management Course. Mr. Gurdin spoke on various aspects of law practice management including ethical considerations, law firm finances and professional development.
Steven E. Gurdin, a panelist at annual MCLE program “Trying a Divorce Case”
Steven E. Gurdin was a panelist at the annual MCLE program “Trying a Divorce Case”. Mr. Gurdin spoke on business valuation issues at trial and participated in a mock trial where he cross examined a business valuation expert. Mr. Gurdin also presented on the use of Supplemental Probate Court Rule 401 Financial statements at trial.
Jeffrey A. Soilson moderates consultation group: “Dealing with Difficult Clients: Whose side are you on anyways?”
Jeffrey A. Soilson, President of the Massachusetts Chapter of the American Academy of Matrimonial Lawyers (“AAML”) moderated a consultation group called “Dealing with Difficult Clients: Whose side are you on anyways?” at the 2019 Conference on Advanced Issues in Child Custody: Evaluation, Litigation and Settlement in San Diego, California. The conference is a bi-annual advanced-level training opportunity sponsored by two premier family law organizations, the AAML (comprised of dedicated and professional family lawyers recognized and respected by the bench and bar as leaders in the field) and the Association of Family and Conciliation Courts (“AFCC”) (an international and interdisciplinary group of family law and mental health professionals working to improve the lives of children and families through the resolution of family conflict).
Terrance D. Lanier named as a Fellow of the Massachusetts Bar Association 2019 – 2020 Leadership Academy
Associate Terrance D. Lanier has been named as a Fellow of the Massachusetts Bar Association 2019 – 2020 Leadership Academy Terrance joins a group of 22 attorneys statewide who will spend the next year working alongside bar leaders; developing and enhancing leadership skills; and getting an insider’s look at the important role the MBA plays within our legal system.

FITCH Elects Jared Hubbard as Partner
FITCH Law Partners is pleased to announce the election of Jared Hubbard to its partnership, effective September 1, 2019.
“We are extremely proud to welcome Jared into our partnership this year,” said Managing Partner Jonathan Fitch. “His election is recognition of his vital role in the future of our law firm. As the president of the Boston International Arbitration Council, he has demonstrated to a large, sophisticated community of interested persons—academics, lawyers, consultants, and corporate users—authoritative knowledge and skill advancing Boston as a center of international arbitration. Jared’s sky-high personal and professional attributes contribute immensely to FITCH’s mission of practicing excellence in complex litigation.”
Mr. Hubbard represents clients in complex litigation matters, with a particular focus on helping clients navigate international disputes. Mr. Hubbard also has extensive appellate experience, and frequently represents parties and amicus curiae before the United States Courts of Appeals and the United States Supreme Court. Mr. Hubbard joined FITCH after spending seven years in Washington, DC, with the firms of Williams & Connolly LLP and White & Case LLP, and serving as an appellate law clerk to the Honorable Edith Brown Clement on the United States Court of Appeals for the Fifth Circuit. Before entering law school, Mr. Hubbard served as a research assistant to Nobel Prize winner Richard Smalley and is a co-author on four published scientific papers.
Mr. Hubbard is the current President of the Boston International Arbitration Council, and a leader among the bar on issues of complex and international disputes. Named by the National Law Journal as a 2017 ADR Champion, Mr. Hubbard also regularly receives awards for his strong legal writing, including the Thompson & Knight International Note Award, the W.A. Wilson Prize, and the International Institute for Conflict Prevention and Resolution’s (CPR) 2017 Y-ADR Writing Award. He is regularly called upon to speak on issues of complex litigation and international disputes.

Andrea Peraner-Sweet Named to BBJ Board of Editors
Partner Andrea Peraner-Sweet has been named to a three-year position on the BBJ Board of Editors, which is responsible for publishing the BBJ’s flagship publication, the Boston Bar Journal.

Best Lawyers in America® 2020 Recognizes 10 FITCH Lawyers
Fitch Law Partners is pleased to announce that Best Lawyers in America® have recognized 10 of its lawyers for the high caliber of their work in its 2020 edition. Those listed as Best Lawyers include Peter E. Ball, Jonathan W. Fitch, Steven E. Gurdin, Kurt S. Kusiak, Carlos Maycotte, Andrea Peraner-Sweet, James B. Re, Stephen C. Reilly, Kelly A. Schwartz, and Jeffrey A. Soilson.
Attorneys Soilson and Schwartz Attend Hearings at the Massachusetts State House on Probate and Family Law Matters
Attorneys Jeff Soilson and Kelly A. Schwartz of Fitch Law Partners LLP attended hearings at the Massachusetts State House on July 23, 2019 before the Joint Committee on the Judiciary concerning almost 60 bills related to probate and family law being considered by the committee as future legislation.
Jeff Soilson, as president of the Massachusetts Chapter of the American Academy of Matrimonial Lawyers (“AAML”), attended in support of the endorsement by the Massachusetts Chapter of the AAML of three specific bills.
The first is H.3701 (An Act relative to the collateral consequences of alimony), which is intended to replace the 30% to 35% range of presumptively reasonable alimony under the alimony reform statute with a range of 23% to 28% to take into account the loss of the alimony deduction under recent changes in the federal tax laws.
The second is H.3324 (An Act to adopt the Uniform Family Law Arbitration Act), which is intended to codify the function of arbitration in the context of Family Law disputes.
The third is S.886 (An Act relative to the Uniform Child Custody Jurisdiction and Enforcement Act), which seeks to place Massachusetts in a position similar to all of the other states in the nation with respect to child custody jurisdiction.
Here is a link to all of the bills under consideration. Many of these bills could have a tremendous impact on our practice and on the lives of our clients. The family law attorneys at Fitch Law Partners will continue to monitor developing legislation.
2019-2020 Scholarship Announcement
Fitch Law Partners is pleased to announce the two winners of the 2019-2020 Fitch Law Partners Scholarship. The Fitch Law Partners Scholarships are awarded annually, and are based upon an applicant’s essay and academic achievement.
Future Law Student
Liliana Anderson: Liliana is a student at the University of Wisconsin-Milwaukee and will be entering Marquette University Law School in the fall. In her essay, Liliana described the challenges of being raised as one of five children by a teen mother who moved her young family from Milwaukee to New York City to pursue her law degree. Liliana also developed a passion for the law when participating in Red Hook Youth Court as a high schooler. But when Liliana married and became pregnant in high school she feared her dream of becoming an attorney would go unrealized. While raising her four children, Liliana pursued her education, first at Milwaukee Area Technical College and then UW-Milwaukee. In addition to being a student and mother, Liliana, along with her husband, started a process serving company to ensure the people in her community are given due process and treated fairly. Liliana plans to use her law degree to be an advocate for the disenfranchised in her community and ensure all are afforded their civil rights.
Current Law Student (incoming 1L)
Andrew Henderson: Andrew will be attending the University of Southern California Gould School of Law in the Fall of 2019. He graduated magna cum laude from the University of Kentucky with a Bachelor of Science in Civil Engineering. Andrew’s interest in engineering was sparked by his father, who built houses and built every house Andrew has ever lived in. While Andrew was at UK, his father was diagnosed with Alzheimer’s. To defray the costs of university attendance, Andrew worked at a job on campus while taking an elevated case load and slept on his friend’s couch to save on housing. On weekends Andrew would travel to take care of his dad. Currently an engineer at Toyota, Andrew plans on becoming an intellectual property attorney in order to apply his engineering knowledge to help safeguard inventor’s rights and promote innovation.
All at Fitch Law Partners wish Ms. Anderson and Mr. Henderson luck as they as they embark on their legal educations.


July 2019
Jeffrey A. Soilson Appointed President AAML, MA Chapter
Fitch Law Partners LLP is proud to announce that Jeffrey A. Soilson has been appointed President of the American Academy of Matrimonial Lawyers (AAML) – Massachusetts Chapter. Mr. Soilson is a Fellow of the AAML and previously held treasurer and president-elect positions within the organization.
Mr. Soilson will continue to serve on the AAML/AFCC Joint Committee, which is responsible for creating and producing the joint national conference with the Association of Family and Conciliation Courts (AFCC) on custody and child-related issues, and the AAML Webinar Committee, which is responsible for producing continuing education programs on a wide range of divorce and family law topics, including divorce taxation, prenuptial and postnuptial agreements, dividing pensions and business valuations.
The AAML was founded in 1962 by highly regarded divorce and family law attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” There are currently more than 1,650 Fellows in 50 states, who are recognized by judges and attorneys as preeminent family law practitioners with a high level of knowledge, skill and integrity.
June 2019
Tech List Members Present on Arbitrating Life Science Disputes
On May 1st, Tech List Members Angela (‘Anji’) Foster and Jonathan Fitch were panelists at an AAA-ICDR program hosted by Reed Smith in Philadelphia: “AAA-ICDR Arbitrating Domestic and International Life Science Disputes (including Pharmaceutical, Medical Device and Biotechnology).”
Anji Foster spoke on a range of topics including the suitability of arbitration for use in life science disputes, for example, with respect to license agreements and such issues as whether a drug, molecule or medical device does or does not fall within the purview of the agreement. She cited the main advantages of arbitrating life science disputes: the ability to select arbitrators with special expertise; the flexibility of the procedure; limitations on discovery; and, the confidentiality of intellectual property. Anji discussed the challenges of scheduling the phases of life science arbitrations and management of the time limitations with the parties and their counsel. Anji also said she has also observed problems in the presentation of expert testimony in life science arbitrations and that counsel need to be skilled in presenting the complexity of technologies to arbitral panels.
Jonathan Fitch addressed considerations for picking counsel, arbitrators and experts in technology-intensive life science disputes. Where the arbitrators’ industry expertise may be a factor, Jonathan suggested that parties consider using arbitrator interviews – either by parties or their counsel – within the parameters established by Canon III of The Code of Ethics for Arbitrators in Commercial Disputes. He also discussed alternatives for the presentation of expert testimony in international arbitrations of life science cases. The Parties’ direct examinations of experts in the form of lengthy, detailed and highly technical expert witness statements create a risk that the arbitration will begin without the arbitrators fully understanding the technologies at issue. Possible remedial approaches include beginning the arbitration with a joint presentation by the parties’ experts on the industry technologies and science involved in the case. As an alternative to an upfront “technology and science day”, the parties may agree that the testimony of respondent’s expert will directly follow the testimony of claimant’s expert for each expert issue, thereby enabling different options for expert conferencing, including the possibility that the arbitrators may address questions simultaneously to each expert and that the experts may question each other. At the event, the arbitrators, institutional representatives and in-house counsel present fully aired and addressed both the benefits and risks for different models of expert witness testimony.
May 2019
The 22nd MCLE Annual Family Conference
Steven E. Gurdin will be Conference Co-chair, and Jeffrey A. Soilson will be on the Alimony Update panel, at the 22nd MCLE Annual Family Law Conference on May 3, 2019 from 9:00 a.m. to 5:00 p.m. at the MCLE Conference Center, Ten Winter Place, Boston.
For online registration: https://www.mcle.org/product/catalog/code/2190286P01
This year’s Family Law Conference offers workshops on parenting time resistance problems, dividing premarital and inherited assets, cryptocurrency in divorce, an alimony, case and legislative update, and an in-depth judicial forum. There will also be update on the state of the Probate and Family Court from Chief Justice Casey.
We look forward to seeing you there.
May 2019
Steven E. Gurdin will be Conference Co-chair at the Divorce Law: MCLE BasicsPlus on April 24 and 25, 2019 from 9:30 a.m. to 4:30 p.m. at the MCLE Conference Center, Ten Winter Place, Boston. Carlos A. Maycotte will be a panelist at the program.
For online registration: https://www.mcle.org/product/catalog/code/2190155P01
Divorce Law: MCLE BasicsPlus is a comprehensive two-day course that provides the family law practitioner with the fundamental skills and approaches necessary to effectively represent clients in divorce. Through a variety of lectures, demonstrations, and ‘hands-on’ workshops, conference attendees gain the tools to become a proficient divorce law practitioner.
April 2019
Applicants are required to have a current cumulative GPA of 3.5 or higher. The application includes a 500 word essay on one of several topics regarding his/her aspirations as a lawyer. For more information.
The winners of the 2018-2019 competition were Tristen Sharp, a freshmen at Illinois State University and Tiffany Light, a first year student at Saint Louis University Law School.
January 2019
The case of our client Marisa Pawelko, an artist and inventor, against Hasbro, Inc. is headed for trial in the U.S. District Court for the District of Rhode Island. Ms. Pawelko is the inventor of “Liquid Mosaic”, an arts and crafts product concept that was shown to Hasbro and offered for acquisition under a confidentiality agreement. Pawelko claims that Hasbro misappropriated her trade secrets regarding Liquid Mosaic and breached the confidentiality agreement in developing the DohVinci arts and crafts products. In denying Hasbro’s motion for summary judgment on those claims, Judge John J. McConnell, Jr. stated, “While summary judgment is a valid mechanism for parties to use to dismiss legally deficient claims, it cannot substitute for a party’s right to have their legitimate disputes resolved by a jury.” Pawelko’s trial team includes Jonathan Fitch, Ryan Cunningham, Nathalie Salomon and Terrance Lanier.
January 2019
U.S. News and Best Lawyers® recognized FITCH as a 2019 Best Law Firm®. The firm was honored to best listed as Tier 1-Boston in Commercial Litigation, Family Law and Litigation – Trusts and Estates.
Eight FITCH lawyers were recognized as 2019 Best Lawyers in America®. The lawyers receiving the honor of this recognition include:
Peter Ball (Bet-the-Company Litigation and Commercial Litigation)
Jonathan Fitch (Arbitration, Commercial Litigation and Litigation -Trusts and Estates)
Steven Gurdin (Family Law and Litigation – Trusts and Estates)
Kurt Kusiak (Litigation – Trusts and Estates)
Andrea Peraner-Sweet (Personal Injury Litigation – Defendants)
James Re (Commercial Litigation)
Stephen Reilly (Commercial Litigation)
Jeffrey Soilson (Family Law and Litigation – Trusts and Estates)
.
November 2018
In a case argued by Andrea Peraner-Sweet, the Appeals Court affirmed the Juvenile Court’s ruling granting sole legal and physical custody of our client’s daughter to him.
June 2018
Associate Lacey L. Brantley attended the American Academy of Matrimonial Lawyers program for associate lawyers in Chicago.
June 2018
Our partners, Heather V. Baer and Andrea Peraner-Sweet participated in the Boston Bar Association’s Law Day in the Schools. This year’s theme was, “Liberty Under Law: Empowering Youth, Assuring Democracy.” Heather and Andrea taught a second grade class at the Josiah Quincy Elementary School in Boston, where they engaged in a lively discussion with the students about how young people can affect change.
May 2018
Tristen Sharp was awarded the Fitch Future Law Student Scholarship of $1,000 for the 2018-2019 academic year. Ms. Sharp, a freshman at Illinois State University, has overcome traumatic brain injuries to excel inside and outside of the classroom. Her experience has motivated her to pursue a career in law after her undergraduate studies. Ms. Sharp’s perseverance and sense of focus during her physical recovery impressed the Scholarship Committee. While still a teenager, Ms. Sharp has already demonstrated the type of grit and hard work necessary for a successful career as a lawyer.
May 2018
Tiffany Light was awarded the Fitch Law Student Scholarship of $1,500 for the 2018-2019 academic year. Ms. Light is on her way to Saint Louis University Law School in the Fall of 2018. A first generation college student, Ms. Light balanced full-time work along with her undergraduate studies. Her professional experience includes clerking in her hometown court house, working as a legal assistant at a law firm, and completing an internship with a local legal services organization. We wish Ms. Light a successful 1L year as she embarks on her legal education.
May 2018
Jared L. Hubbard was a panelist at a Boston Bar Association program on Third-Party Funding in International Arbitration. The event was co-sponsored by the International Centre for Dispute Resolution Young & International.
May 2018
Jeffrey A. Soilson presented an American Academy of Matrimonial Lawyers webinar entitled, “Across the Borderline – Prenups and the Migratory Couple.”
May 2018
Steve Reilly and Ryan Cunningham won a Rule 12(b)(6) motion for dismissal of wrongful foreclosure claims brought against our client, a large national bank.
April 2018
Steven E. Gurdin co-chaired the 21st Annual MCLE Family Law conference. During the conference, Mr. Gurdin moderated the Family Court Judicial Forum. This marked Mr. Gurdin’s 15th consecutive year as the moderator. Judges from the Middlesex, Norfolk and Essex Counties Probate and Family Courts sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
April 2018
Steven E. Gurdin has been named to the Brookline Community Foundation Professional Advisors Committee.
March 2018
Steven E. Gurdin co-chaired the 2-day MCLE Divorce Law Basics program. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past fourteen years.
March 2018
February 2018
Steve Reilly and Ryan Cunningham win the Rule 12(b)(6) dismissal of “wrongful foreclosure” claims brought against our client, a large national bank.
February 2018
Andrea Peraner-Sweet has been appointed as a Hearing Officer of the Board of Bar Overseers for a three year term. The Board of Bar Overseers is an independent administrative body established by the Supreme Judicial Court to investigate and evaluate complaints against attorneys. This is Andrea’s second time being appointed as a Hearing Officer.
January 2018
Jonathan W. Fitch moderated a panel discussion titled “Insider Views on International Dispute Resolution” at the Boston Bar Association. The program featured Secretary General Alexander Fessas of the ICC International Court of Arbitration; Mark T. Beaudouin, General Counsel and Secretary of Waters Corporation; Andrea DiFabio, Chief Legal Officer of Bioverativ Inc.; Roland Schroeder, Global Executive Counsel – Corporate Litigation and Legal Policy for General Electric Company; and Philip D. O’Neill, Jr., Arbitrator and Professor at Boston College Law School and Boston University Law School.
January 2018
Jonathan W. Fitch was moderator of a panel discussion, “The Golden Age of International Arbitration,” at the Boston Bar Association.
September 2017
Lacey L. Brantley joined FITCH as an Associate. Lacey graduated from Boston University School of Law, magna cum laude, in 2016. She completed a clerkship with the Probate and Family Court Department of the Trial Court of Massachusetts prior to joining the firm.
September 2017
In a case argued by Steve Reilly, the Bankruptcy Appellate Panel of the First Circuit issued an opinion affirming the dismissal of claims brought in an adversary proceeding against Fitch Law Partners’ client, a large national bank.
August 2017
In a case involving convoluted allegations of defamation and unfair credit reporting, a Norfolk Superior Court judge granted a motion dismissing claims against our clients, a local community bank and certain of its employees.
August 2017
Steven E. Gurdin was a guest speaker at the Senior Partners for Justice monthly luncheon. Steve spoke about “CORI” – Criminal Offender Record Information and “CARI” – Court Activity Record Information in the context of family law cases in the Massachusetts Probate and Family Courts. Senior Partners for Justice was established in 2002 when the Honorable Edward M. Ginsburg, a retired Associate Justice of the Massachusetts Probate and Family Court established this innovative new pro bono program. Senior Partners for Justice asks lawyers from all legal backgrounds to use their talents to serve those who would otherwise go unrepresented in court.
August 2017
Jeffrey A. Soilson was a panelist at MCLE’s Child Support Update 2017. Mr. Soilson spoke on the topic of the new child support guidelines and special issues that arise in child support cases.
July 2017
Jeffrey A. Soilson was elected President-Elect of the Massachusetts Chapter of the American Academy of Matrimonial Attorneys (AAML), a national organization that promotes the highest degree of professionalism and excellence in the practice of family law.
June 2017
Steven E. Gurdin co-chaired the 20th Annual MCLE Family Law conference. During the conference, Mr. Gurdin moderated the Family Court Judicial Forum. This marked Mr. Gurdin’s 14th consecutive year as the moderator. Judges from the Middlesex, Norfolk and Plymouth Counties Probate and Family Courts sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
May 2017
Steven E. Gurdin and Jeffrey A. Soilson attended the 54th Annual Conference of the Association of Family and Conciliation Courts (“AFCC”). This 4-day conference is intended to carry out the mission of the AFCC which is an interdisciplinary and international association of professionals dedicated to improving the lives of children and families through the resolution of family conflict.
May 2017
Jonathan W. Fitch was moderator of a panel discussion, “ESI Discovery in Arbitration,” at the Annual Dispute Resolution Symposium of the Massachusetts Bar Association.
May 2017
Steven E. Gurdin co-chaired the 2- day MCLE Divorce Law Basics program. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past thirteen years.
April 2017
Jonathan W. Fitch was moderator of a panel discussion, “Spotlight on Evidence in Arbitration,” sponsored by the Dispute Resolution Section of the Massachusetts Bar Association.
April 2017
Fitch Law Partners announces that the recipients of the annual Fitch Law Partners Scholarship have been selected for the 2017-2018 academic year. Read the Press Release here.
April 2017
Steven E. Gurdin was a guest speaker at “Jane Does Well” – a divorce support group serving Wellesley, Needham, Newton and the greater Boston area. Steve spoke on various topics including recent developments in Massachusetts law on issues relating to alimony and gifted/inherited property.
March 2017
Andrea Peraner-Sweet published The New Transgender Anti-Discrimination Law and Guidance Issued by the Attorney General’s Office and the MCAD in the Boston Bar Journal.
January 2017
An article by Jonathan W. Fitch, Arbitration: Spotlight on the Preliminary Hearing was published in the MBA Lawyers Journal.
January 2017
Jonathan W. Fitch was elected as a Fellow of The Chartered Institute of Arbitrators, the leading scholarly organization for international arbitrators based in London.
January 2017
The Appeals Court affirmed summary judgment on behalf of our client, a community-based hospital, affirming that the hospital had not engaged in racial, religious or national origin discrimination or retaliation when it terminated its employee for poor performance. Partner Andrea Peraner-Sweet argued the case.
December 2016
Andrea Peraner-Sweet was elected Chair of the Board of Selectmen for the Town of Westford.
October 2016
Jonathan W. Fitch was a panelist at a program at Harvard Law School on recent developments in international arbitration. The program was sponsored by the Harvard International Arbitration Law Students Association and by ICDR Young & International.
October 2016
Michele E. Connolly joins Fitch Law Partners LLP as an Associate.
October 2016
Jonathan W. Fitch was a panelist at MCLE’s 8th Annual New England ADR and the Law 2016. Mr. Fitch spoke on the topic of “Basic Planning for International Arbitration and Emerging Practices.”
September 2016
Jonathan W. Fitch was a guest lecturer at Suffolk Law School for a new course, “Positive Psychology For Lawyers,” taught by Professor Lisle Baker.
September 2016
Steven E. Gurdin was a guest lecturer at New England Law Boston in the Law Practice Management Course. Mr. Gurdin lectured on various aspects of law firm management.
September 2016
Winners of Fitch Law Partners LLP 2016-2017 scholarships have been announced. Read the Press Release here.
September 2016
Peter Ball was reappointed to his second three-year term as a member of the Board of Editors of the Boston Bar Journal, which is published quarterly by the Boston Bar Association.
August 2016
Nathalie K. Salomon joins Fitch Law Partners LLP as an Associate.
July 2016
In a U.S. District Court case involving allegations of breach of a mortgage contract, Steve Reilly and Ryan Cunningham prevail on a motion to dismiss all claims against the firm’s client, a leading national bank.
June 2016
Jonathan W. Fitch was appointed to the Zoning Board of Appeals for the Town of Sherborn.
June 2016
Andrea Peraner-Sweet was elected to her third term as a member of the Town of Westford’s Board of Selectmen.
June 2016
Andrea Peraner-Sweet was a panelist on the 6th Annual Trials Facing Female Litigators hosted by the Women’s Caucus of the Massachusetts Academy of Trial Attorneys and the Women’s Bar Association.
June 2016
Steven E. Gurdin served as a faculty member at the Annual MCLE Family Law Trial Advocacy Workshop. This program is a challenging five-day course where participates have an opportunity to “get on their feet” under the rigorous scrutiny of judges and leading practitioners.
June 2016
The firm proudly supported the MetroWest Legal Services by participating in the annual Nancy King Memorial Golf Tournament at the Framingham Country Club. MetroWest Legal Services provides free civil legal aid to low-income people who would be denied justice without their help.
June 2016
The Firm proudly supported the New England Patriots Charitable Foundation by participating in the New England Patriots Fantasy Sports Camp. Partner Steven E. Gurdin put on the pads and scored some big hits!
May 2016
Jeffrey A Soilson is co-editor of the MCLE New England publication “Financial Aspects of Divorce in Massachusetts” published on May 10, 2016.
May 2016
Steve Reilly wins a defense verdict for our client, a large national bank, thus defeating the plaintiff bank customer’s claim that the bank had wrongfully paid certain checks drawn on the customer’s business checking account.
April 2016
Jennifer E. Greaney’s Case Comment entitled ” Abate v. Fremont Investment & Loan: Defining ‘Adverse Claim’ in Try Title Actions ” was published in the April 2016 edition of the Massachusetts Law Review.
April 2016
Partner Steven E. Gurdin co-chaired the 2- day MCLE Divorce Law Basics program. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past twelve years.
April 2016
Steven Gurdin served as a panelist on the Massachusetts Bar Association CLE program titled – Off the Record: Deposition Preparation, Objectives and Techniques in Practice.
April 2016
Managing Partner Jonathan W. Fitch was moderator of a panel discussion titled, ” Best Practices in Arbitration: The Role of the Arbitrator, ” sponsored by the Dispute Resolution Committee of the Massachusetts Bar Association.
March 2016
Partner Patrick T. Clendenen has been selected by the Nominating Committee of the Business Law Section of the American Bar Association to be its next Secretary, effective in September 2016. This is the first step of a four-year leadership succession plan under which Clendenen is expected to become Section Chair in 2020.
March 2016
Partner Jeffrey Soilson was a discussion leader in Family Law at MCLE’s Practicing with Professionalism Seminar: a day-long seminar that every newly admitted lawyer in Massachusetts must attend after being admitted to the bar.
March 2016
Partner Jeffrey Soilson was a guest lecturer on family law topics at New England School of Law.
March 2016
In a U.S. District Court case involving complex allegations of predatory lending and breach of a mortgage contract, Steve Reilly and Ryan Cunningham prevail on a motion to dismiss all claims against firm’s client, a leading national bank.
March 2016
Steven Gurdin successfully obtained a sizable contempt judgment for non-payment of child support on behalf of a single father against the non-custodial mother. With the assistance of the Essex County Sheriff’s department the mother was apprehended after failing to appear at the scheduled contempt trial. Two Deputy Sheriff’s were able to locate the mother and immediately brought her before the Essex County Probate and Family Court. At the conclusion of the contempt trial, the Court ordered the mother to either pay the amounts owed or serve 30 days in jail. The mother remained in custody at the courthouse for the remainder of the day. An hour before being transferred to Framingham state prison, the mother (or someone on her behalf), made the required payments in order for her to be released from custody. The Court further ordered that the mother pay the father’s attorneys’ fees in prosecuting the contempt action.
March 2016
Steven E. Gurdin was a Guest Lecturer at New England Law Boston in the Law Practice Management Course. Mr. Gurdin lectured on various aspects of law firm management.
March 2016
On January 28, 2016, FITCH had a strong showing at the “Walk to Hill” day of advocacy at the State House on behalf of funding for civil legal aid. Over 600 attorneys and law students participated in the annual event, which highlights how crucial state funding is to legal aid programs across the Commonwealth. Civil aid programs provide free legal advice to low-income individuals and families facing legal problems such as eviction, health care emergencies, and wage theft. Speakers included the Chief Justice of the Massachusetts Supreme Judicial Court, Ralph Gants, Massachusetts Attorney General Maura Healey, and individuals helped by legal services. FITCH had one of the top law firm participation rates at the 2016 Walk to the Hill, with 16 lawyers (80%) of the firm participating!
January 2016
Heather V. Baer published Recent Amendments to Superior Court Rules and Standing Orders, 60 Boston Bar J. 1(Winter 2016) .
January 2016
As a Director of Overcoming Barriers, Jeffrey A. Soilson helped conduct a specialized program for clinicians working with post-separation problems where children resist contact with a parent.
December 2015
Jonathan W. Fitch moderates a panel discussion on “International Arbitration: Hot Topics and Smart Contracts” at a meeting of the New England Legal Foundation.
November 2015
The firm receives a Tier 1 ranking in the 2016 Edition of U.S. News – Best Lawyers “Best Law Firms.” ®
November 2015
Partner Andrea Peraner-Sweet is honored as among the “Top Women of Law” by Massachusetts Lawyers Weekly at dinner held at the Marriott Copley Place Hotel.
October 2015
Partner Jeffrey A. Soilson is recognized as a “Top 100 Massachusetts Super Lawyer” ® in a list published in Boston Magazine.
October 2015
Twelve FITCH lawyers are recognized as “Massachusetts Super Lawyers” ® an honor awarded to no more than 5 percent of the lawyers in Massachusetts.
October 2015
Seven FITCH lawyers are recognized as “Massachusetts Super Lawyers – Rising Stars” ® an honor awarded to less than 2.5% of the lawyers in Massachusetts under the age of 40.
October 2015
Eight FITCH partners are listed in Best Lawyers in America ® 2016.
August 2015
Jonathan W. Fitch was guest panelist at Boston College Law School on mediation and ADR topics.
April 2015
Jonathan W. Fitch was featured in Financier Worldwide’s 2015 Commercial Arbitration Annual Review . Mr. Fitch contributed the United States chapter to the international report.
April 2015
Jeffrey A. Soilson earned the Certified Financial Litigator (CFL) designation through the American Academy of Certified Financial Litigators.
March 2015
Jeffrey A. Soilson was a faculty member at the seminar entitled “Parenting Plans and Shared Custody: Recent Research and Implications for Family Law Professionals” presented at the annual conference of the Massachusetts Chapter of the Association of Family and Conciliation Courts.
March 2015
Steven E. Gurdin and Jeffrey Solison were accepted to the Greater Boston Family Law American Inn of Court. The Inn’s goal is to improve the practice of Family Law in the Commonwealth of Massachusetts through peer guidance, civility and growth as sophisticated practitioners.
February 2015
Partner Jeffrey A. Soilson was named a Fellow of the American Academy of Matrimonial Lawyers.
February 2015
Partner Jeffrey A. Soilson became a Director of Overcoming Barriers, a non-profit organization created to promote children’s healthy relationships with their parents where a child is at risk of losing a relationship with a parent.
January 2015
Steven E. Gurdin, Jeffrey A. Soilson, Barbara L. Drury and Carlos A. Maycotte became members of the American Academy for Certified Financial Litigators.
December 2014
FITCH opens a Metrowest Office. Read the Press Release here
October 2014
Partners Peter E. Ball, Jonathan W. Fitch, Steven E. Gurdin, Kurt S. Kusiak and Andrea Peraner-Sweet and were named to the list of The Best Lawyers in America, 2015.
August 2014
Steven E. Gurdin has been named to the New England Advisory Board of the American Academy of Certified Financial Litigators (The “AACFL”). The AACFL is a professional membership organization dedicated to enhancing the legal profession through advanced financial training. Its mission is to provide innovative financial training programs designed to increase the financial knowledge of attorneys dealing with financial issues in litigation.
June 2014
Jeffrey Soilson was a faculty member at the MCLE seminar on June 17, 2014 titled: “Married (& Divorcing) with Children – Handling support and custody issues.”
June 2014
Steven E. Gurdin moderated the Spring 2014 MCLE Family Court Judicial Forum in Taunton, MA. This marks Mr. Gurdin’s 12th consecutive year as the moderator. Judges from the Probate and Family Court sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
May 2014
Steven E. Gurdin co-chaired the 2- day MCLE Divorce Law Basics program. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past ten years.
May 2014
Steven E. Gurdin attended the Joint Conference of the American Institute of Certified Public Accountants (AICPA) and American Academy of Matrimonial Lawyers (AAML) in Las Vegas. The conference was a multi-day program focused on complex financial matters relating to divorce including issues of business valuation, executive compensation, forensic accounting, and income tax considerations.
April 2014
Jonathan W. Fitch attended the Spring Meeting of the International Law Section of the American Bar Association in New York City.
April 2014
Jeffrey A. Soilson was elected to the Board of Directors of the Massachusetts Chapter of the AFCC (Association of Family and Conciliation Courts), an interdisciplinary and international association of professionals dedicated to the resolution of family conflict.
March 2014
Partner Jeffrey Soilson was a faculty member at the joint conference of the Massachusetts Association of Family and Conciliation Courts and Massachusetts Association of Guardians Ad Litem at Regis College, Weston, MA titled: “When the Court and Clinical Practice Collide.
November 2013
Partner Andrea Peraner-Sweet was re-elected to the Board of Selectman of Westford, Massachusetts for her second term.
May 2013
Jonathan W. Fitch was elected as Fellow of the American Bar Foundation, “an honorary organization of lawyers, judges, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.”
May 2013
Jeffrey A. Soilson chaired an MCLE seminar on High Conflict Custody Cases.
May 2013
Steven E. Gurdin moderated the Spring 2013 MCLE Family Court Judicial Forum in Worcester, MA. This marks Mr. Gurdin’s 11th consecutive year as the moderator. Judges from the Probate and Family Court sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at FITCH.
May 2013
Steven E. Gurdin co-chaired the 2- day MCLE Divorce Law Basics program. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past nine years.
May 2013
Steven E. Gurdin was sworn in at the U.S. Supreme Court as part of a two day alumni event of Albany Law School of Union University in Washington, D.C.
April 2013
Jonathan W. Fitch and associates Carlos A. Maycotte attended the conference of the International Law Section of the American Bar Association in Washington, D.C. and participated in three days of seminars with attorneys from around the globe.
April 2013
Peter E. Ball was a panelist at the annual MCLE Deposition Practice conference.
January 2013
Finally a Treaty for the Enforcement of U.S. Court Judgments Abroad, written by Jonathan W. Fitch and summer associate Faith Hill was published in the Massachusetts Law Journal.
December 2012
Steven E. Gurdin moderated the Fall 2012 MCLE Family Court Judicial Forum. This marks Mr. Gurdin’s 10th consecutive year as the moderator. Mr. Gurdin moderated panels in Boston and Taunton. Judges from the Probate and Family Court sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin and his colleagues at the firm.
December 2012
Peter E. Ball, Jonathan W. Fitch, Steven E. Gurdin, Kurt S. Kusiak, Andrea Peraner-Sweet, James B. Re, Stephen C. Reilly have been included on the Massachusetts Super Lawyers list as outstanding attorneys in Massachusetts for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
October 2012
Peter E. Ball, Jonathan W. Fitch and Steven E. Gurdin were named to the Top 100 Massachusetts Super Lawyers list for 2012. Mr. Ball and Mr. Gurdin were also listed as among the Top 100 New England Super Lawyers.
October 2012
Jonathan W. Fitch, Carlos Maycotte attended the Annual Meeting of the Section of International Law of the American Bar Association in Miami.
October 2012
Jonathan W. Fitch attended an international arbitration conference in Bogota, Colombia, jointly sponsored by the International Centre for Dispute Resolution, the international division of the American Arbitration Association, and the Chamber of Commerce of Bogota.
October 2012
Peter E. Ball, Andrea Peraner-Sweet, Kurt S. Kusiak, and Steven E. Gurdin have been selected by their peers to be included in the Best Lawyers In America®, 19th Edition. Selection for Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising nearly 4 million confidential evaluations by the top attorneys in the country. The annual Best Lawyers publication has been described by the American lawyer as “the most respected referral list of attorneys in practice.
September 2012
Jonathan W. Fitch has been appointed to the panel of arbitrators of the International Centre for Dispute Resolution®, the international division of the American Arbitration Association. The ICDR is one of the most highly respected international arbitral organizations, and it conducts arbitration proceedings throughout the world.
September 2012
Jonathan W. Fitch has published a chapter titled, “The Limitations on American-Style Discovery in International Arbitration” in a new book, Strategies for International Arbitration, published by Aspatore Press, a division of West Thomson Reuters.
June 2012
Andrea Peraner-Sweet has been appointed as a hearing officer of the Board of Bar Overseers for a three year term. The Board of Bar Overseers was established by the Supreme Judicial Court in 1974 as an independent administrative body to investigate and evaluate complaints against lawyers.
May 2012
Steven E. Gurdin chaired the MCLE Divorce Law Basics program on April 12. The program is a comprehensive course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce. Mr. Gurdin has chaired the program for the past eight years.
April 2012
Peter E. Ball, Jonathan W. Fitch and Andrea Peraner-Sweet were named as among Boston’s Top Rated Lawyers in a list published by the Boston Globe. The list was created by LexisNexis Martindale-Hubbell, the company that has long set the standard for peer review ratings.
April 2012
Jeffrey A. Soilson was a faculty member at an MCLE seminar on Divorce Law.
April 2012
Jeffrey A. Soilson joins the firm as a Partner. Mr. Soilson focuses in the areas of divorce and family law and Probate, Will And Trust Litigation.
February 2012
An associate has published a case comment, “Civil Law – Abolishing the Distinction Between Natural and Unnatural Accumulations of Snow and Ice when Determining Negligence of Property Owner,” in the current edition of the Massachusetts Law Review.
November 2011
Partner Peter Ball has been named to the “Top 100 Massachusetts Super Lawyers 2011” list published by Super Lawyers, a Thomson Reuters rating service, in the November issue of Boston Magazine. This is the third time that Peter has received this professional recognition.
October 2011
Managing Partner Jonathan Fitch has been named to the “Top 100 Massachusetts Super Lawyers 2011” list published by Super Lawyers, a Thomson Reuters rating service, in the November issue of Boston Magazine.
October 2011
We are pleased that eight Fitch Law Partners LLP attorneys have been named to the 2011 “Massachusetts Super Lawyers” list published by Super Lawyers, a Thomson Reuters rating service, in the November issue of Boston Magazine. Those selected include Peter Ball, Jonathan Fitch, Steven Gurdin, Andrea Peraner-Sweet, James Re, Stephen Reilly. No more than 5 percent of the lawyers in Massachusetts are selected by Super Lawyers. According to Super Lawyers, “The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.”
October 2011
Steven E. Gurdin is a panelist at the MCLE Family Law Case Update 2011 Program. Mr. Gurdin lead a discussion on recent MA case law relating to alimony, child removal and college education expenses.
June 2011
Partner Stephen Reilly taught a section titled “Creating a Discovery Plan” in the Massachusetts Continuing Legal Education course, Civil Discovery Practice: MCLE Basics Plus, on February 16 in Boston. The lecturers at this year’s program include other well-known litigators, a provider of e-discovery services and Superior Court Justice Peter Lauriat. Stephen has been a lecturer at MCLE on discovery topics for a number of years.
February 2011
Expressing its “profound gratitude,” the Equal Justice Coalition has presented Fitch Law Partners LLP with the Nancy King Award for the third consecutive year. The award is given to the Massachusetts law firm with the highest percentage of attorneys participating in the annual Walk to the Hill for Civil Legal Aid.
December 2010
Steven E. Gurdin moderated that Fall 2010 MCLE Family Court Judicial Forum. This marks Mr. Gurdin’s 8th consecutive year as the moderator. Mr. Gurdin moderated panels in Boston and Plymouth. Judges from the Probate and Family Court sat on the panel and delivered their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin.
November 2010
Congratulations to the eight lawyers of Fitch Law Partners LLP who have been selected as “Massachusetts Super Lawyers” for 2010 in the list published by Law & Politics in Boston Magazine. No more than 5 % of the attorneys in Massachusetts are awarded this honor. All of the lawyers selected have received this recognition in a number of prior years.
October 2010
Congratulations also to the eight lawyers of Fitch Law Partners LLP who have been selected as “Rising Stars” for 2010 in the “Massachusetts Super Lawyers” list published by Law & Politics in Boston Magazine. No more than 2.5% of the attorneys in Massachusetts under the age of 40 are awarded this honor.
October 2010
Steven E. Gurdin was honored by the Boston Bar Association on September 21, 2010 at the annual Leadership Appreciation reception for his service to the association as co-chair of the Family Law Section from 2008-2010.
September 2010
August 2010
Steven E. Gurdin chaired the MCLE Divorce Law Basics program on May 6 and 7. Mr. Gurdin has chaired this program for the past six years. This program is a comprehensive two-day course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce.
May 2010
Massachusetts Lawyers Weekly recognizes Jonathan W. Fitch as a “Lawyer of the Year 2009” at a banquet in honor of “Leaders in the Law” at the Westin.
April 2010
Kurt Kusiak appears as a panelist at the Annual Business Litigation Conference sponsored by Massachusetts Continuing Legal Education.
January 2010
Massachusetts Lawyers Weekly names Jonathan W. Fitch, the firm’s managing partner as a “Lawyer of the Year 2009.” Mr. Fitch was one of ten lawyers in the Commonwealth to receive this honor.
January 2010
Steven E. Gurdin was recognized as a “top volunteering individual” in the 2008-2009 Annual Report of Massachusetts Continuing Legal Education (MCLE). Steven E. Gurdin was among ten volunteers recognized by MCLE as “top volunteering individuals” out of the 2,431 individuals that volunteered their time, expertise and enthusiasm as MCLE advisers, faculty, authors and editors. Annually, Mr. Gurdin moderates the Family Court Judicial Forum, co-chairs the Divorce Law Basics Program, serves on the Family Law Curriculum Advisory Committee and participates in other family law and Probate, Will And Trust Litigation programs.
December 2009
Steven E. Gurdin moderates the Fall 2009 MCLE Family Court Judicial Forum. This marks Mr. Gurdin’s 7th consecutive year as the moderator. Mr. Gurdin will be moderating panels in Boston and Taunton. Judges from the Probate and Family Court sit on the panel and deliver their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin.
November 2009
Law & Politics honors Peter E. Ball as a “Top 100 Massachusetts Super Lawyer” in a list published in Boston Magazine.
October 2009
Law & Politics award nine Fitch Law Partners LLP lawyers the “Massachusetts Super Lawyer” designation, which is limited to 5% of the lawyers in Massachusetts.
October 2009
Law & Politics recognize five Fitch Law Partners LLP lawyers as a “Rising Star” in the “Massachusetts Super Lawyer” list published in Boston Magazine. The “Rising Star” award is limited to 2.5% of the lawyers in Massachusetts under the age of 40 who have been practicing for less than 10 years.
October 2009
October 2009
Steven E. Gurdin co-moderated a bench-bar meeting at the Boston Bar Association with five of the newly appointed Probate and Family Court Justices.
May 2009
Steven E. Gurdin is a panelist at the MCLE 12th Annual Family Law Conference. Mr. Gurdin will be discussing recent developments in case law and legislation. The Family Law Conference is the largest family law program of its kind in Massachusetts.
March 2009
Steven E. Gurdin will be chairing the MCLE Divorce Law Basics program. Mr. Gurdin has chaired this program for the past five years. This program is a comprehensive two-day course that provides family law practitioners with the fundamental skills and approaches necessary to effectively represent clients in divorce.
March 2009
Robert Mendillo served on a panel of instructors for a deposition skills training program offered to various assistant attorneys general by the Massachusetts Attorney General’s Institute.
January 2009
Peter Ball is a panelist for the fourth consecutive year for the MCLEs annual program on Civil Deposition Practice.
December 2008
Steven E. Gurdin moderates the Fall 2008 MCLE Family Court Judicial Forum. This marks Mr. Gurdin’s 6th consecutive year as the moderator. Mr. Gurdin will be moderating panels in Boston and Plymouth. Judges from the Probate and Family Court sit on the panel and deliver their opinions and legal analysis on hypothetical fact patterns prepared by Mr. Gurdin.
November 2008
Ten lawyers of Fitch Law Partners LLP are named ‘Massachusetts Super Lawyers,’ in a survey published in Boston Magazine. The recognition is given to only 5% of the lawyers in the Commonwealth. Three lawyers of the firm are recognized as ‘Massachusetts Rising Stars,’ a group of the top 2.5% of all lawyers under the age of 40. See the Press Release for details.
October 2008
Massachusetts Lawyers Weekly cites the case of Batishchev v. Coldwell Banker, won for our clients by Jonathan Fitch, as among the ‘Most Significant Opinions during January ‘ June 2008.’ See Memorandum and Order.
July 2008
Steve Gurdin named Co-Chair of the Family Law Section of the Boston Bar Association.
June 2008
Steve Gurdin, a highly regarded attorney who works primarily in the area of family law, joins Fitch Law Partners LLP as a Partner after practicing at Conn Kavanaugh Rosenthal Peisch & Ford, LLP for 12 years, (the past 5 years as a partner).
June 2008
Steve Reilly co-authors “Preparing To Take A Deposition,” which appears as Chapter 3 of the Massachusetts Deposition Practice Manual, 2d ed., 1st Supplement (MCLE, Inc. 2008).
May 2008
Alex Klibaner lectures on Employee Rights and the Prevention of Workplace Violence at Endicott College’s Annual Conference on Workplace and School Violence.
April 2008
Alex Klibaner co-chairs a CLE program at the Boston Bar Association on Litigating and Winning Employment Discrimination Cases
March 2008
Peter Ball chairs a Massachusetts Continuing Legal Education program entitled, “What Every In-House Counsel Should Know About Criminal Law..
January 2008
Kurt Kusiak appears as a panelist at the Annual Business Litigation Conference sponsored by Massachusetts Continuing Legal Education.
January 2008
Nine lawyers of Fitch Law Partners LLP, including all of the firm’s partners, are named “Massachusetts Super Lawyers” in Boston Magazine – a recognition limited to 5% of the lawyers in the Commonwealth.
November 2007
June 2007
Barbara Drury, Alex Klibaner, Elizabeth Koenig and Amber Villa recognized as “Rising Stars” placing them among the top 2.5% of lawyers under the age of 40 in the “Massachusetts Super Lawyers” poll appearing in Boston Magazine.
May 2007
Kurt Kusiak testified before the Joint Revenue Committee of the Massachusetts House and Senate on a bill which would allow cities and towns to exempt senior citizens on limited, fixed incomes from Proposition 2 1/2 overrides.
May 2007
Alex Klibaner moderated a program at the Boston Bar Association entitled Taking Advantage of Pre-Litigation Opportunities: Drafting and Responding to Demand Letters.
March 2007
Kurt Kusiak to appear as a panelist at the annual Business Litigation Conference of Massachusetts Continuing Legal Education in Boston.
January 2007
Peter Ball to appear as a panelist at the annual Deposition Practice Conference of Massachusetts Continuing Legal Education in Boston.
December 2006
The Massachusetts Supreme Judicial Court has appointed our partner, James B. Re, to be a Member of the Court’s Standing Advisory Committee on the Rules of Professional Conduct. Mr. Re commences membership on the Advisory Committee as he concludes his four-year term as a Member (Vice Chair in his final year) of the Massachusetts Board of Bar Overseers of the Supreme Judicial Court from January 1, 2003 through December 31, 2006. The Board of Bar Overseers is a 12-member board appointed by the Supreme Judicial Court to review allegations of misconduct lodged against lawyers.
December 2006
Stephen Reilly’s comments on the efforts of banks to combat check fraud appear in the Boston Business Journal.
November 2006
Nine lawyers of Fitch Law Partners LLP, including all of the firm’s partners, named “Massachusetts Super Lawyers,” by a poll appearing in Boston Magazine. The annual award recognizes the top 5% of the lawyers in Massachusetts.
November 2006
Peter Ball appointed to Criminal Law Curriculum Advisory Committee of Massachusetts Continuing Legal Education.
November 2006
Alex Klibaner is appointed to the Steering Committee of the Labor & Employment Section of the Boston Bar Association. Concerned with all aspects of the employer-employee relationship, the Labor and Employment Law Section organizes educational programs, hosts socializing events, and publishes a newsletter for practitioners in the field.
September 2006
May 2006
Alex Klibaner selected as 2006 ‘Rising Stars’ placing them among the top 2.5% of lawyers under the age of 40, in the ‘Super Lawyers’ poll appearing in the May 2006 issue of Boston Magazine.
May 2006
William A. McCormack, a Fellow of the American College of Trial Lawyers and professor of trial practice at Boston College Law School, joins Fitch Law Partners LLP as counsel.
February 2006
On January 1, 2006, the Massachusetts Supreme Judicial Court appointed our partner, James B. Re, to be Vice Chair of the Massachusetts Board of Bar Overseers of the Supreme Judicial Court. The Board of Bar Overseers is a 12-member board appointed by the Supreme Judicial Court to review allegations of misconduct lodged against lawyers. The Court first appointed Jim to the Board in December 2002 to serve a four-year term, commencing January 1, 2003.
January 2006
Kurt Kusiak is a faculty panelist for the MCLE’s annual Business Litigation program.
January 2006
Peter Ball is an MCLE faculty panelist on a program regarding the taking of depositions.
December 2005
Eight lawyers of Fitch Law Partners LLP, including all of the firms partners, named “Massachusetts Super Lawyers” in Boston magazine, an honor awarded to the top 5% of the lawyers in Massachusetts.
November 2005
Associates Heather Baer and Alexander Klibaner cited as ‘Rising Stars,’ placing them among the top 2.5% of lawyers under the age of 40, in the ‘Super Lawyers’ poll appearing in the May 2005 issue of Boston Magazine.
May 2005
James B. Re teaches in the Harvard Law School Winter Trial Advocacy Workshop as he has for many years.
January 2005
Kurt S. Kusiak is an MCLE faculty panelist for the Annual Business Litigation program.
January 2005
20 th Anniversary of the founding of Fitch Law Partners LLP.
October 2004
Stephen C. Reilly is an MCLE faculty panelist for the Annual Massachusetts Discovery Practice program.
October 2004
Stephen C. Reilly is an MCLE faculty panelist for the Annual Massachusetts Discovery Practice program.
October 2003
James B. Re appointed to four year term as Member of the Massachusetts Board of Bar Overseers.
January 2003
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