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Andrew Adams

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of wages,… more

Compensation, Deadlines, Employee Rights, Employees, Employer Liability Issues

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Dane Ardente

High Rhode Island Property Tax Assessment? Here's What to Do Next

With Rhode Island municipal revaluations of property going into effect for the 2025 tax year, many homeowners and business owners are beginning to explore their options on challenging the new assessment, as most assessments have… more

Cash Value, Commercial Property Owners, Municipalities, Property Owners, Property Tax

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Joshua Berlinsky

Super Hero No More: How Marvel and DC Lost Their Trademark on a Genre

I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my… more

Brand, Generic Marks, Genericide, Goods or Services, Intellectual Property Litigation

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Samuel Blink

Lessons From the License to Drive (and Protect) Sports Illustrated

For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the… more

Abandonment, Brand, Intellectual Property Protection, License Agreements, Licensees

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Brian Boland

Massachusetts Court Decision Could Spark State Tax Crackdown Nationwide

Founders and executives with equity compensation need to be prepared for state tax exposure, even in states where they do not live. In a landmark decision that reverberates beyond Massachusetts, the Massachusetts Appeals Court… more

Appeals, Business Ownership, Capital Gains, Corporate Counsel, Corporate Taxes

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Julie Bradlow

The Earnout Equation: Tax Tips for Both Buyers and Sellers

Earnouts are a form of contingent consideration that the buyer of a business pays to the seller in the period following the acquisition, based on the business achieving various financial metrics related to its performance… more

Acquisitions, Business Valuations, Buyers, Buying a Business, Closely Held Businesses

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Michael Burke

[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET

Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use of… more

Arbitration, Data Privacy, Defense Strategies, Privacy Laws, Risk Mitigation

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Thomas Carlotto

Release Me? Supreme Court to Resolve Contentious Bankruptcy Issue

In March 2022, we discussed the decision by the Southern District of New York (the “District Court”) overturning the U.S. Bankruptcy Court for the Southern District of New York’s (the “Bankruptcy Court”) confirmation of… more

Appeals, Bankruptcy Code, Bankruptcy Court, Certiorari, Chapter 11

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Sean Coffey

The Future of U.S. Environmental Regulation: What to Expect in 2025

While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as… more

CERCLA, Clean Air Act, Clean Power Plan, Clean Water Act, Climate Change

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Timothy Conlon

Florida Divorce Ruling on Personal Goodwill Could Impact Other States

In early July 2024, Florida enacted a significant amendment to its equitable distribution statute, particularly concerning the treatment of personal goodwill in divorce proceedings. These changes, coupled with the pivotal case… more

Business Divorce, Business Entities, Business Valuations, Divorce, Equitable Distribution

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Zachary Darrow

Less Red Tape, More Capital? SEC Clarifies 506(c) Verification Rules

On March 12, 2025, the Securities and Exchange Commission (“SEC”) issued a significant no-action letter clarifying the use of high minimum investment amounts as a method for verifying accredited investor status under Rule 506(c)… more

Capital Markets, Capital Raising, Compliance, Disclosure Requirements, Investment

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Eric Everett

Don’t Let Bad Indemnity Provisions Become Your Environmental Disaster

Successor liability is a phrase that corporate officers hope to never have to utter to their board of directors or shareholders. Unfortunately, it’s a common phrase in environmental litigation and a need-to-know concept in… more

Acquisitions, Board of Directors, CERCLA, Corporate Governance, Environmental Litigation

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Kevin Gildea

Danger, Does Not Compute: SEC Takes Aim at Predictive Data Analytics Per Proposed Rules

On July 26, 2023, the Securities and Exchange Commission (“SEC”), in a 3-2 vote, issued a release (the “Release”) containing proposed rules to address conflicts of interest associated with broker dealers’ and investment… more

Artificial Intelligence, Broker-Dealer, Comment Period, Conflicts of Interest, Investment Adviser

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Evan Gotlob

[Webinar] The DOJ’s New Agenda: What Every Business Should Know About the False Claims Act - July 17th, 12:00 pm - 1:00 pm ET

Join us for a timely and insightful webinar exploring the evolving landscape of the False Claims Act (FCA) and its growing impact on businesses—regardless of industry or perceived risk. While many companies believe they're… more

Chief Compliance Officers, Chief Risk Officers (CRO), Corporate Executives, Department of Justice (DOJ), Enforcement Priorities

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Chad Gottlieb

Don’t Go Chasing Simple Waterfalls: Understanding Investment Return Structures

Waterfalls in private equity and venture capital dictate how investment returns are distributed among stakeholders. These structures determine who gets paid, in what order, and under what conditions. While all waterfalls aim to… more

Capital Markets, Carried Interest, Fund Managers, Investment, Investment Funds

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Brad Hickey

Opportunity Zones: Key Deadlines, Tax Benefits, and What’s Next for Investors

Practitioners, operators and investors in the commercial real estate space are well familiar with Opportunity Zones and how they can be utilized for preferential tax treatment on investments. First created under the 2017 Tax… more

Capital Gains, Commercial Real Estate Market, Deadlines, Distressed Properties, Economic Development

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Andrew Howayeck

Your Business's Growth Blueprint: Why Solid Legal Documents Matter

Every successful business owner has ambition to grow, scale, and take his/her company to the next level. However, there’s one critical, often overlooked aspect that can make or break a business’s ability to get to that level:… more

Acquisitions, Business Development, Business Ownership, Contract Terms, Corporate Governance

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Katie Howayeck

Vibe Check on TikTok: Legal Changes May Force App to Take the L

The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which conditionally… more

Appeals, Biden Administration, China, Constitutional Challenges, Data Privacy

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Ashwini Jayaratnam

Game Changer: Rule 11-h Reshapes New York Complex Business Disputes

New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures… more

Business Disputes, Business Litigation, Closely Held Businesses, Commercial Litigation, Damages

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Laura Kaplan

Tenant Estoppel Certificates: Navigating Risks, Responses and Leverage

When it comes to the sale or financing of real property, tenant estoppel certificates are not just formalities—they are crucial documents that confirm the status of existing leases. Tenant estoppel certificates offer prospective… more

Buyers, Commercial Leases, Contract Terms, Due Diligence, Estoppel Certificates

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Michael Karsch

Aging Florida Condos Provide Developers With Strategic Opportunities

In the wake of the 2021 Surfside condominium collapse, Florida enacted sweeping changes that affect condominium governance, structural maintenance requirements, and reserve funding obligations. These changes have not only… more

Acquisitions, Condominiums, Financial Distress, Financial Regulatory Reform, Florida

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Sarah Oster Kelly

Trust Administration: Key Steps to Protecting Your Legacy

Estate planning is an essential process which can ensure that your wealth is distributed appropriately after you pass. Every estate planning attorney’s goal is to assist clients to protect their assets, instead of allowing the… more

Asset Management, Beneficiaries, Client Representation, Estate Planning, Financial Planning

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Dave Koo

AI Created It—But Do You Own It? IP Issues Explained

As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The legal… more

Artificial Intelligence, Authorship, Contract Terms, Copyright, Copyright Infringement

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Angelina Landi

Considering Adoption in Rhode Island? Here’s What You Need to Know

Adoption is a deeply transformative process, not only for the child but also for the birth parents and the adoptive parents. The decision to adopt or to place your child for adoption involves a range of legal, emotional and… more

Adopted Children, Adoption, Child Custody, Eligibility, Family Law Courts

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Beth Lowson

Using an Unregistered Broker-Dealer for Capital Raising is a Risky Proposition

One of the most overlooked and problematic issues concerning capital raising by small businesses, venture capital funds, and private equity funds is the use of “finders” to assist issuers with raising capital. Those who act as… more

Broker-Dealer, Capital Raising, Corporate Issuers, Finders, Investment

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Andrew Mello

Blacklisted Condos: A Growing Crisis for Owners and Buyers

The blacklisting of condominium/condo associations by financial institutions and insurance providers has emerged as a pressing issue in the real estate finance and housing sector. This practice, which involves lenders or… more

Affordable Housing, Blacklist, Buyers, Condominium Associations, Condominiums

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Daniel Meyer

Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants

While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about the… more

Commercial Leases, Commercial Real Estate Market, Credit, Guarantors, Landlords

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Julia Nasiek

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to… more

Artificial Intelligence, Attorney-Client Privilege, Data Privacy, Discovery, e-Discovery

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Laura Nicholson

Why Victims Need an Attorney—Even When They Can't Drop the Case

How often do we assume a victim controls the trajectory of a criminal case? In reality, although a victim may initiate the criminal complaint, their control ends there. Once the complaint is in the hands of the prosecuting body,… more

Attorney-Client Privilege, Complaint Procedures, Crime Victims, Criminal Prosecution, Domestic Violence

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Douglas Otto

Generative AI and Trade Secrets: A New Frontier for IP Litigation

As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents and… more

Algorithms, Artificial Intelligence, Best Practices, Business Litigation, Confidential Information

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Matthew Pecoy

SEC Could Broaden Path to Private Equity Fund of Funds Investment

Since the enactment of the Investment Company Act 85 years ago, the asset management industry has grown from $2 billion in assets to more than $39 trillion in assets. Under existing Securities and Exchange Commission (“SEC”)… more

Asset Diversification, Asset Management, Fund of Funds, Investment Company Act of 1940, Investment Funds

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Keith Phillis

The Forecast Calls For Sun: What New Administration's First 30 Days Means for Solar Industry

United States policy surrounding renewable energy has fluctuated significantly as administrations change; President Jimmy Carter put solar panels on the White House in 1978, and President Ronald Reagan removed the panels in… more

America First Trade Policy, Department of Energy (DOE), Diversity and Inclusion Standards (D&I), Energy Policy, Executive Orders

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Michael J. Raposa

Keeping It in the Family (Trust): Additional Considerations for Contributing S Corp Shares

A large part of business sucession planning is structuring the transfer of business ownership. While outright transfers can be less complex, transferring ownership in trust can provide practical benefits that are worth… more

Beneficiaries, Business Ownership, Business Succession, Estate Planning, Family Businesses

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Jon Restivo

Relief from NIMBYism for Renewable Energy: New York’s RAPID Act

One of the biggest challenges to states meeting ambitious Clean Energy Standards is local opposition to large scale projects, something we’ve written about previously. The federal government and many state legislatures have… more

Clean Energy, Climate Change, Electric Generation Suppliers, Electricity, Energy Projects

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Kelley Morris Salvatore

Benefits of Rhode Island’s Housing Legislation Go Beyond Housing

In an effort to “fundamentally change [the State’s] approach to housing development, particularly for the moderate and affordable development we need most,” the Rhode Island General Assembly recently passed a slew of legislation… more

Affordable Housing, City Planning Departments, General Assembly, Legislative Agendas, Municipalities

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Hannah Sfameni

The DOJ’s New White-Collar Agenda: Implications for Businesses

On May 12, 2025, the Department of Justice (the “DOJ”) released its criminal—and, more specifically, white collar crime enforcement—initiatives under the current administration. This is typical each time new leadership assumes… more

Bribery, Controlled Substances Act, Corporate Crimes, Corporate Governance, Corporate Misconduct

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David Sullivan

AIA Contracts are Especially Best Measured Twice and Cut Once

In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down… more

AIA Construction Forms, American Institute of Architects, Arbitration, Billing, Change Orders

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Stacy Thomsen

Missed a Paycheck Deadline? The Cost Isn't Worth the Treble

Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of wages,… more

Compensation, Deadlines, Employee Rights, Employees, Employer Liability Issues

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Zachary Valentine

Your Business's Growth Blueprint: Why Solid Legal Documents Matter

Every successful business owner has ambition to grow, scale, and take his/her company to the next level. However, there’s one critical, often overlooked aspect that can make or break a business’s ability to get to that level:… more

Acquisitions, Business Development, Business Ownership, Contract Terms, Corporate Governance

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Samantha Vasco

The Forecast Calls For Sun: What New Administration's First 30 Days Means for Solar Industry

United States policy surrounding renewable energy has fluctuated significantly as administrations change; President Jimmy Carter put solar panels on the White House in 1978, and President Ronald Reagan removed the panels in… more

America First Trade Policy, Department of Energy (DOE), Diversity and Inclusion Standards (D&I), Energy Policy, Executive Orders

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