Dec 27, 2023 Keeping the Lights On: Payment of Operating Expenses After an Event of Default By Andrew Bensson Kimberly Yeager Craig Todaro When an event of default occurs under a mortgage loan, the lender’s first thought might be, “How will we get repaid?”, while the...
Dec 22, 2023 Apartments in the suburbs By David Linhart Amy Dain’s November 2023 report on exclusionary zoning in Boston’s suburbs details how White neighborhoods either prohibited apartment...
Dec 21, 2023 Must Lenders Negotiate Post-Borrower CRE Default? By Andrew Baldizon Charles Jacob III With rising interest rates, the economic slowdown, and an uptick in distressed real estate, commercial borrowers and lenders are...
Dec 20, 2023 “Frustration of Purpose" Defense Still Frustrating for Commercial Tenants By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Inland Commercial Real Estate Services, LLC v. ASA EWC, LLC, 213 N.E.3d 604 (2023). The Massachusetts Appeals Court recently issued a...
Dec 20, 2023 SJC Finds Severance of Joint Tenancy and Affirms Judgment of Civil Contempt[1] By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Where joint tenants with rights of survivorship reached an agreement requiring one of the joint tenants to remove his personal belongings...
Dec 20, 2023 Standing to Bring Zoning Appeals By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Mariani v. Planning Board of Dennis, 2023 WL 5569556 (Mass. App. Ct. August 25, 2023). Earlier this year, the Massachusetts Appeals Court...
Dec 20, 2023 Liquidated Damages Clauses Enforceable in Commercial Leases By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Cummings Properties, LLC vs. Darryl C. Hines, SJC-13406 (September 25, 2023). LIQUIDATED DAMAGES CLAUSES ENFORCEABLE IN COMMERCIAL LEASES...
Dec 20, 2023 Expert Testimony Nice-to-Have, Not Must-Have in Insurance Claims By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Richard Gillis & Gayle Gillis vs. Town of Uxbridge, No. 22-P-641 (Mass. App. Ct. August 10, 2023). The Massachusetts Appeals Court...
Dec 19, 2023 SEC Brings Enforcement Actions to Remedy Improper Contractual Limitations on Whistleblower Activities By Jaclyn Grodin Carla Reeves Erek Sharp The U.S. Securities and Exchange Commission (“SEC” or “Commission”) in recent months has settled a number of actions targeting employment...
Dec 18, 2023 Season's Greetings! By Leaura Levine We're unleashing the joy this year and sending you the warmest snuggles, doodles of fun, unconditional love, pawsome moments,...
Dec 15, 2023 Pro Bono Institute Signatory Showcase: Reproductive Equity Now Abortion Legal Hotline By Leaura Levine Each year, the signatories to the PBI Law Firm Pro Bono Challenge® and Corporate Pro Bono Challenge® initiatives provide important pro...
Dec 11, 2023 New York Courts Consider “In Terrorem” Clauses with Mixed Results By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Two recent decisions illustrate the continued mixed reception that “in terrorem” clauses in wills or trusts, also known as “no-contest”...
Dec 07, 2023 Ready for the Corporate Transparency Act? Five Key Considerations Before Year-End By David Coombs Michael Hickey Ling Kong Linh Lingenfelter +1 more... Show less The Corporate Transparency Act (CTA), designed to prevent money laundering and promote a Know Your Customer policy, goes into effect on...