Author Info for Hinckley Allen

Noble Allen

The Legal Implications of a Continuing Lease Guaranty

A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease and ensures that the landlord can legally pursue the guarantor in the event of a tenant’s default. A lease guaranty can come in a… more

Guarantors, Landlords, Leases, Tenants

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Steven Altmann

A New Era of Energy Efficiency: The Impacts of Boston’s BERDO and New York City’s Local Law 97 on Commercial Lease Transactions

As the effects of climate change become more urgent, municipalities across the United States are enacting laws attempting to reduce carbon emissions and improve energy performance. These initiatives present both landlords and… more

Carbon Emissions, Climate Change, Commercial Leases, Energy Efficiency, Greenhouse Gas Emissions

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Laura Angelini

High-Profile Lawsuit Underscores Need for Well-Documented Artificial Intelligence Policies

The Artificial Intelligence (“AI”) revolution is well underway, and recent litigation highlights the need for well-crafted and comprehensive AI policies. In late September 2024, a family in Hingham, Massachusetts sued the Town… more

Artificial Intelligence, Educational Institutions, Innovative Technology, Machine Learning, Policies and Procedures

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Marc Angelone

Using Contingencies and Termination Rights to Build Retail Leases

Ideally, every retail lease strikes a reasonable balance between the interests of the landlord and the tenant and lays the groundwork for a mutually beneficial relationship. However, things do not always go according to plan… more

Commercial Leases, Contingency Plans, Contract Drafting, Contract Terms, Retail Market

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John Bolton

The New Year Brings New Land Use Court to Rhode Island

The Land Use Calendar will primarily cover appeals from decisions of local review boards such as zoning boards, appeals relating to development applications, and appeals from the enactment or amendment of zoning ordinances. That… more

Construction Project, Land Developers, Land Use Claims, Land Use Courts, Land-Use Permits

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Rebecca Briggs

Massachusetts Adopts Wage Equity and Pay Transparency Legislation: What Employers Need to Know

On July 31, 2024, Massachusetts Governor Maura Healey signed into law the “Frances Perkins Workplace Equity Act” (H.4890 or the “Act”). The legislature drafted this new act to enhance wage equity and transparency across the… more

Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Labor Reform

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Christine Bush

[Webinar] Virtual Lunch & Learn: Navigating Artificial Intelligence in Employment - May 30th, 12:00 pm - 1:00 pm ET

Hinckley Allen’s Labor & Employment Group invites you to attend its fourth virtual Lunch & Learn program. Join Partners, Christine Bush and Lisa Zaccardelli, alongside Associate Julianna Malogolowkin, for an insightful… more

Artificial Intelligence, Continuing Legal Education, Copyright, Equal Employment Opportunity Commission (EEOC), Federal Trade Commission (FTC)

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Jared Cohane

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s… more

Construction Contracts, Contract Terms, General Contractors, Government Agencies, New Legislation

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Rose Collins

New Hampshire Employers Must Offer Unpaid Childbirth Leave Beginning in 2026

Beginning on January 1, 2026, New Hampshire employers with at least 20 employees are required by law to provide employees with up to 25 hours of unpaid leave to attend postpartum and pediatric healthcare visits after the first… more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, New Legislation

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Luke Conrad

Changes to the Timing for Prompt Payment on All Connecticut State Contracts are Coming – Be Prepared

Connecticut’s prompt payment requirements for state contracts are about to change. The Connecticut General Assembly approved the new state budget bill (House Bill 7287), which includes a significant change to Connecticut’s… more

Construction Contracts, Contract Terms, General Contractors, Government Agencies, New Legislation

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Emily Covey

SEC Adopts Amendments to the Internet Adviser Exemption

On March 27, 2024, the Securities and Exchange Commission (“SEC”) adopted a final rule (the “Final Rule”) amending SEC Rule 203A-1(E) (the “Internet Adviser Exemption”) promulgated under the Investment Advisers Act of 1940, as… more

Final Rules, Financial Markets, Investment Adviser, Investment Advisers Act of 1940, Investment Management

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Cassandra Desjourdy

Massachusetts’ Highest Court Issues Landmark Decision Dismissing Wiretap Class Action Based Upon Website Tracking Tools

In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,… more

Consumer Privacy Rights, Electronic Monitoring, Hospitals, MA Supreme Judicial Court, Putative Class Actions

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Christine Dieter

Every Business Should Pay Attention to Climate-Related Disclosure Rules: Here’s Why

On March 6, 2024, the Securities and Exchange Commission (SEC) released final rules regarding the Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules). We provided an overview of the… more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Eric Eisenberg

The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)

You, a general contractor, receive a notice of claim on a building you finished years ago. The Owners allege: (1) damage to the underground pipes due to the settlement of the foundation/backfill; and (2) water damage to interior… more

Construction Defects, Construction Industry, General Contractors, Subcontractors

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Margaret Farrell

Final Amendments to Regulation S-P under Securities Exchange Act of 1934

On May 15, 2024, the Securities and Exchange Commission (the “SEC”) issued final amendments (the “Amendments”) to Regulation S-P (originally adopted in 2000), which governs the treatment of a customer’s nonpublic personal… more

Cybersecurity, Data Breach, Data Management, Data Protection, Financial Institutions

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Elizabeth Farrenkopf

An End to the Heightened Reverse Discrimination Standard

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that “reverse discrimination” claims are not subject to a heightened standard of proof. This decision clarifies the legal standard required for such… more

Ames v Ohio Department of Youth Services, Disparate Treatment, Employment Discrimination, Employment Litigation, Evidentiary Standards

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Robert Ferguson, Jr.

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times. And when a project’s proposed use is not automatically authorized under… more

Administrative Agencies, Appeals, Construction Project, Judicial Review, Permits

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Amanda Ford

Trump Administration Targets DEI in Federal Contracting and Beyond

On January 21, 2025, President Trump advanced his pledge to “take action to abolish all discriminatory diversity, equity, and inclusion” (DEI) programs “throughout the government and the private sector” by issuing the executive… more

Affirmative Action, Civil Rights Act, Compliance, Department of Labor (DOL), Diversity and Inclusion Standards (D&I)

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Andrea Gomes

The Retail Pivot: Land Use Considerations Amidst Industry Transformation

Contrary to popular belief, brick and mortar retail spaces are not dying, but they are changing, and the zoning implications are significant. In 2023, North American retail vacancy rates declined to record lows, and less than… more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Retail Market, Retailers

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Alexandra Gordon Briggs

The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)

You, a general contractor, receive a notice of claim on a building you finished years ago. The Owners allege: (1) damage to the underground pipes due to the settlement of the foundation/backfill; and (2) water damage to interior… more

Construction Defects, Construction Industry, General Contractors, Subcontractors

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Rachel Greenberg

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times. And when a project’s proposed use is not automatically authorized under… more

Administrative Agencies, Appeals, Construction Project, Judicial Review, Permits

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Jeff Groshek

Key Tax Implications of the One Big Beautiful Bill Act

On July 4, 2025, the federal government enacted H.R. 1, “An Act to provide for reconciliation” which is popularly known as the One Big Beautiful Bill Act (“OBBBA”). OBBBA’s 870 pages included significant tax changes, making some… more

Bonus Depreciation, IRS, New Legislation, Opportunity Zones, Qualified Small Business Stock

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Timothy Hollister

Evaluating the Impacts of the Trump Administration on the Residential Sector

There is a proverb, “May you live in a time of change.” It appears that with the new administration not only are we living in a time of change, but also one of break-neck speed without precedent or predictability… more

Affordable Housing, Environmental Policies, Housing Market, Interest Rates, Regulatory Reform

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Daniel Johnson

First of Its Kind Federal Legislation Addressing AI-Generated Deepfakes Signed Into Law

On May 19, 2025, President Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes Act, also known by the backronym the TAKE IT DOWN Act (the “Act”), to combat deepfake revenge… more

Criminal Prosecution, Deep Fake, Enforcement Actions, First Amendment, New Legislation

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Meaghan Krupa

Revised Hart-Scott-Rodino Thresholds for 2025

On January 10, 2025, the Federal Trade Commission (the “FTC”) announced revised statutory thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “Hart-Scott-Rodino Act” or “HSR”). These thresholds, which… more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Enforcement Actions, Federal Trade Commission (FTC)

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Isha Kumar

Massachusetts Adopts Wage Equity and Pay Transparency Legislation: What Employers Need to Know

On July 31, 2024, Massachusetts Governor Maura Healey signed into law the “Frances Perkins Workplace Equity Act” (H.4890 or the “Act”). The legislature drafted this new act to enhance wage equity and transparency across the… more

Employer Liability Issues, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Labor Reform

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Joseph Kuzneski

Revised Hart-Scott-Rodino Thresholds for 2025

On January 10, 2025, the Federal Trade Commission (the “FTC”) announced revised statutory thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “Hart-Scott-Rodino Act” or “HSR”). These thresholds, which… more

Acquisitions, Antitrust Provisions, Civil Monetary Penalty, Enforcement Actions, Federal Trade Commission (FTC)

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John LeBlanc

Rhode Island Shoreline Property Case Could Have Wider Impact

Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly… more

Beach Access, Beachfront Properties, Coastal Real Estate, Constitutional Challenges, Private Property

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Scott MacNeil

Securing the Storefront: How Companies are Tackling Increasing Retail Theft

Retail crime, and specifically organized retail crime, is on the rise in major markets throughout the United States. In 2022, the National Retail Federation reported a loss of $112 billion dollars, up from $99.3 billion in 2021… more

Artificial Intelligence, Business Losses, Employees, Law Enforcement, Retail

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Thomas Madonna, Jr.

Ensuring Seller Accountability: Post-Closing Options for Buyers

When it comes to real estate transactions, buyers are protected by the Purchase and Sale Agreement which operates as a contract between the buyer and seller. Purchase and sale agreements typically contain numerous… more

Buyers, Contract Terms, Escrow Agreements, Post-Closing Rights, Purchase and Sale Agreements

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Robin Main

Every Business Should Pay Attention to Climate-Related Disclosure Rules: Here’s Why

On March 6, 2024, the Securities and Exchange Commission (SEC) released final rules regarding the Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules). We provided an overview of the… more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Robin Malloy

3 Real Estate Considerations for the New Hybrid Model of Retail

Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial… more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, E-Commerce, Exclusive Use

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Julianna Malogolowkin

New Hampshire Employers Must Offer Unpaid Childbirth Leave Beginning in 2026

Beginning on January 1, 2026, New Hampshire employers with at least 20 employees are required by law to provide employees with up to 25 hours of unpaid leave to attend postpartum and pediatric healthcare visits after the first… more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, New Legislation

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Peter Martin

Private Construction Projects Impacted by Changes to NY Prompt Payment Act

Governor Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law – better known as the Prompt Payment Act (“PPA”). Because the law can override portions of construction… more

Billing, Construction Contracts, Construction Project, Infrastructure, New Legislation

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Antonio Martini

Final Regulations for Energy Investment Subsidies Available to Tax-Exempt Entities

On March 5, 2024, the IRS issued final regulations under Internal Revenue Code Section 6417 (the “Final Regulations”) with respect to energy tax credits which are directly payable to State and local governmental entities as well… more

501(c)(3), Clean Energy, Final Rules, Internal Revenue Code (IRC), Investment

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Mackenzie McBurney

Rhode Island Shoreline Property Case Could Have Wider Impact

Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly… more

Beach Access, Beachfront Properties, Coastal Real Estate, Constitutional Challenges, Private Property

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Elizabeth McEvoy

ORI Issues Final Revisions to 2005 PHS Research Misconduct Regulations

On September 12, 2024, the U.S. Department of Health and Human Services (“HHS”), through the Office of Research Integrity (“ORI”) issued its Final Rule, the long-anticipated update to the 2005 Public Health Service Policies on… more

Department of Health and Human Services (HHS), Final Rules, HHS Office of Research Integrity (ORI), NPRM, Policies and Procedures

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Charles McGonigal

Key Tax Implications of the One Big Beautiful Bill Act

On July 4, 2025, the federal government enacted H.R. 1, “An Act to provide for reconciliation” which is popularly known as the One Big Beautiful Bill Act (“OBBBA”). OBBBA’s 870 pages included significant tax changes, making some… more

Bonus Depreciation, IRS, New Legislation, Opportunity Zones, Qualified Small Business Stock

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Alexa Millinger

Connecticut Supreme Court Protects Free Speech in Online Racism Dispute

Amidst an increasingly polarized social climate that often manifests on social media, the Connecticut Supreme Court recently affirmed that calling someone on Facebook a “racist” or “white supremacist” could not be the basis for… more

Constitutional Challenges, Defamation, First Amendment, Free Speech, Social Media

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Andrew Morin

The Retail Pivot: Land Use Considerations Amidst Industry Transformation

Contrary to popular belief, brick and mortar retail spaces are not dying, but they are changing, and the zoning implications are significant. In 2023, North American retail vacancy rates declined to record lows, and less than… more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Retail Market, Retailers

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Isabelle Oviedo

CTA Requirements Reinstated for Non-U.S. Companies

On March 21, 2025, FinCEN issued an interim final rule implementing the Department of the Treasury’s March 2, 2025 announcement that U.S. companies and U.S. beneficial owners will not be subject to any reporting requirements… more

Beneficial Owner, Business Entities, Business Ownership, Corporate Transparency Act, Filing Deadlines

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John Pariseault

Easing Use Restrictions Opens Up Opportunities in Retail for Landlords and Tenants

Use restrictions—once rigidly dictated by anchor tenants—are undergoing significant transformations leading to new opportunities for retailers and landlords. Historically, retailers wielded considerable influence, often securing… more

Commercial Property Owners, Commercial Real Estate Market, Land Use Restrictions, Landlords, Rental Property

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Michelle Peirce

10 Core Principles Common to Internal Investigations

Internal investigations come in all shapes and sizes—criminal, civil, employment, regulatory, and many other areas. Despite the variety, there are core principles common to each type of internal investigation—principles that… more

Attorney-Client Privilege, Corporate Misconduct, Disclosure Requirements, Internal Investigations, Risk Management

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Janelle Pelli

What to Know: Injunction of Certain Trump DEI Executive Order Provisions Lifted

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that temporarily stopped three key provisions of President… more

Appeals, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Executive Orders

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Gerald Petros

Rhode Island Shoreline Property Case Could Have Wider Impact

Hinckley Allen claimed an important win for private property rights in Rhode Island last week. In Roth v. Rhode Island, Hinckley Allen challenged the constitutionality of newly enacted state legislation that significantly… more

Beach Access, Beachfront Properties, Coastal Real Estate, Constitutional Challenges, Private Property

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Damien Powell

Impact of the Trump Administration’s Executive Orders and Actions for Academic Institutions & Federal Funded Research Community

The Trump Administration’s first two months have been marked by a flurry of actions impacting federal grant recipients, federal contractors, and academic and scientific researchers. These unprecedented measures, including… more

Affirmative Action, Department of Education, Department of Health and Human Services (HHS), Diversity and Inclusion Standards (D&I), Executive Orders

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Shain Roche

Not All Retail Leases Are Created Equal

This article highlights some of the important differences between in-line leases, ground leases, and leases of stand-alone buildings for retail uses. Understanding the complexities of retail leases is essential for both… more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Landlords, Retail

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Laurel Gilbert Rogowski

Massachusetts’ Highest Court Issues Landmark Decision Dismissing Wiretap Class Action Based Upon Website Tracking Tools

In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,… more

Consumer Privacy Rights, Electronic Monitoring, Hospitals, MA Supreme Judicial Court, Putative Class Actions

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Nathan Sabourin

Private Construction Projects Impacted by Changes to NY Prompt Payment Act

Governor Hochul signed Senate Bill 3539, amending Section 756-a and Section 756-c of the New York General Business Law – better known as the Prompt Payment Act (“PPA”). Because the law can override portions of construction… more

Billing, Construction Contracts, Construction Project, Infrastructure, New Legislation

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Kat Savage

Every Business Should Pay Attention to Climate-Related Disclosure Rules: Here’s Why

On March 6, 2024, the Securities and Exchange Commission (SEC) released final rules regarding the Enhancement and Standardization of Climate-Related Disclosures for Investors (the Final Rules). We provided an overview of the… more

Climate Action Plan, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Craig Scott

A Practical Guide to AI Adoption and Use in Commercial Real Estate

Generative AI (genAI) is transforming the commercial real estate (CRE) industry. From accelerating due diligence to streamlining lease abstraction, genAI tools promise significant efficiency gains across the deal lifecycle… more

Acquisitions, Artificial Intelligence, Automation Systems, Disclosure Requirements, Document Review

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Charles Serino

Court Defines Limits of Piggybacking Under New York’s Competitive Bidding Laws

New York’s competitive bidding laws are designed to ensure transparency, fairness, and cost efficiency in public contracting. However, municipalities and school districts often seek ways to streamline the procurement processes… more

Bid Protests, Competitive Bidding, Construction Contracts, Contractors, Disgorgement

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Jared Shwartz

Qualified Small Business Stock: Pre-Acquisition Planning for Tax Savings Upon Exit

Issuing qualified small business stock (“QSBS”) is a valuable tool that can provide significant tax savings to searchers and independent sponsors alike upon the eventual sale of one or more of their portfolio companies… more

Acquisitions, Business Entities, C-Corporation, Capital Gains, Income Taxes

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Jeremy Siegel

Delaware Court of Chancery Invalidates Common Stockholder Governance Rights in Stockholder Agreement

Key Takeaways - The Delaware Court of Chancery held that stockholder governance rights that restrict the ability of the board of directors to manage or direct the business and affairs of a corporation are facially invalid… more

Board of Directors, Corporate Governance, Delaware, Delaware General Corporation Law, Shareholder Rights

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B. Stephanie Siegmann

Top 5 Ways to Mitigate Liability Risks When AI Goes Wrong

As integrating artificial intelligence into corporate operations accelerates, the rapid deployment of AI tools—often driven by executive and investor pressure—has outpaced the establishment of robust governance, compliance, and… more

Artificial Intelligence, Automation Systems, Corporate Governance, Cybersecurity, Data Privacy

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Tara Singh

Massachusetts’ Highest Court Issues Landmark Decision Dismissing Wiretap Class Action Based Upon Website Tracking Tools

In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,… more

Consumer Privacy Rights, Electronic Monitoring, Hospitals, MA Supreme Judicial Court, Putative Class Actions

See all updates »

Jeremy Smith

Court Defines Limits of Piggybacking Under New York’s Competitive Bidding Laws

New York’s competitive bidding laws are designed to ensure transparency, fairness, and cost efficiency in public contracting. However, municipalities and school districts often seek ways to streamline the procurement processes… more

Bid Protests, Competitive Bidding, Construction Contracts, Contractors, Disgorgement

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Lisa Staron

The Essential Guide to Document Preservation for Estate and Business Planning

Over the course of a lifetime, each of us will accumulate a small mountain of documents, paperwork that is often carelessly tossed in a drawer and then, perhaps, eventually discarded. Though much of this paperwork is… more

Business Ownership, Business Plans, Business Records, Estate Planning, IRS

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John Wilusz

Florida CHOICE Act Establishes Employer Protections for Garden Leave and Noncompete Agreements

Florida recently enacted the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (“The CHOICE Act” or “Act”), which brings significant changes to the manner in which the state approaches… more

Compensation & Benefits, Covered Employer, Employee Rights, Employer Responsibilities, Employment Contract

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Lisa Zaccardelli

New Hampshire Employers Must Offer Unpaid Childbirth Leave Beginning in 2026

Beginning on January 1, 2026, New Hampshire employers with at least 20 employees are required by law to provide employees with up to 25 hours of unpaid leave to attend postpartum and pediatric healthcare visits after the first… more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, New Legislation

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Hinckley Allen

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