Author Info for Bowditch & Dewey

Christine Baglioni

Sometimes an Offer to Purchase Is just an Offer to Purchase

The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real estate…more

Appeals, Buyers, Contract Disputes, Contract Terms, Purchase and Sale Agreements

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Ashley Barnes

Steps Large Organizations Should Consider Taking to Protect the Safety of Their Executives

With the jarring news this week that Brian Thompson, the CEO of UnitedHealthcare, was fatally shot outside a Midtown Manhattan hotel, many Fortune 500 and other large companies are suddenly finding themselves in the unenviable…more

CEOs, Corporate Executives, Employment Contract, Employment Policies, Risk Assessment

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Paul Bauer

Silicon Valley Bank Closure Impact on Lease Security

The impact of the California Department of Financial Protection and Innovation taking possession of Silicon Valley Bank (SVB) and appointing the Federal Deposit Insurance Corporation as receiver for SVB is receiving thorough…more

Banking Sector, Banks, Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants

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Tracy Thomas Boland

Supreme Court Clarifies Law on So-called “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court settled a longtime debate among federal appellate courts regarding so-called “reverse discrimination” claims that are brought by employees under Title VII of the Civil Rights Act of 1964…more

Ames v Ohio Department of Youth Services, Civil Rights Act, Employment Discrimination, Employment Litigation, Evidentiary Standards

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Meaghan Borys

U.S. Department of Education to Enforce 2020 Title IX Regulations

On Friday, January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) clarifying that, effective immediately, OCR will enforce Title IX in accordance with the 2020…more

Anti-Discrimination Policies, Anti-Harassment Policies, Colleges, Dear Colleague Letter, Department of Education

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Sophia Caprio

Massachusetts Expands Eligibility to Obtain a Restraining Order Beyond Physical Abuse

Has your partner or a family member ever: - Isolated you from family or friends? - Controlled your access to food, medicine, money, transportation, or another basic needs? - Forbidden you from attending school or going…more

Amended Legislation, Coercion, Domestic Violence, Eligibility, Restraining Orders

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Scott Cashman

Benefits of a Professional Trustee During the Great Generational Wealth Transfer

As the population of the U.S. ages, we are in the midst of what some are calling the “great generational wealth transfer,” and some studies are suggesting there could be over $100 trillion passing to the next generation over the…more

Beneficiaries, Estate Planning, Inheritance, Popular, Tax Planning

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Zachary Chupak

Corporate Transparency Act – CTA for Foreign Reporting Companies Only

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that eliminates reporting requirements for domestic reporting companies via redefining “reporting company” to include only…more

Beneficial Owner, Comment Period, Corporate Transparency Act, FinCEN, Foreign Entities

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Peter Cifichiello

Key Legal Tips for Family Business Succession Planning

Transferring your family business into the hands of a new generation is an exciting opportunity for growth. But with that opportunity also come legal considerations that are crucial to the ongoing success of any business. We…more

Business Operations, Business Succession, Exit Planning, Family Businesses, Succession Planning

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Katherine Dorval

10 Reasons Why You Should Make Estate Planning Your New Year’s Resolution

People often assume that if their estate isn’t taxable, they don’t need to have an estate plan. In 2024, a Massachusetts estate tax return must be filed if the value of the deceased person’s gross estate exceeds $2 million. A…more

Asset Protection, Beneficiaries, Business Succession, Charitable Donations, Creditor Protection

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Nina Dow

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions…more

Beneficiaries, Beneficiary Designations, Estate Planning, Estate Tax, Inherited IRA

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Anthony Dragga

2024 Year-End Charitable Giving and IRA Qualified Charitable Distributions

As the 2024 tax year comes to a close, owners of individual retirement accounts (IRAs) might consider combining the tax benefits of charitable giving with a qualified charitable distribution (QCD) from their IRA…more

Charitable Deductions, Charitable Donations, Charitable Organizations, Income Taxes, Individual Retirement Account (IRA)

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Andrea Dunbar

Co-Parenting During the Holidays

The hustle and bustle of the holidays causes added stress for even the most organized, forward thinkers among us. Add in going through a custody dispute or operating in the context of two households after a custody dispute, and…more

Child Custody, Co-Parenting, Holidays, Parenting Plans, Parenting Time

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Joseph Duquette

EOHLC Files Permanent Regulations to Implement the MBTA Communities Law, Nearly 70 Communities Already Compliant

In response to the Massachusetts Supreme Judicial Court (SJC) ruling in Attorney General v. Town of Milton, 495 Mass. 183 (2025), the Executive Office of Housing and Livable Communities (EOHLC) filed permanent regulations on…more

Filing Deadlines, Housing Developers, Multi-Family Development, Municipalities, New Regulations

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Rory Fazendeiro

Key Legal Tips to Maximize Your Understanding and Use of Software-as-a-Service Agreements

“Software-as-a-Service,” commonly known as “SaaS,” is a subscription-based software distribution model in which the vendor allows users to connect to and use cloud-based applications over the Internet for the subscribed term…more

Auto-Renewal, Cloud Service Providers (CSPs), Contract Negotiations, Data Rights, Indemnity

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Mary Feeney

Lockdown Breakthrough? Remote Fulfillment Guidelines Permit Partial Re-Opening of Retail Establishments

In a revised set of FAQs issued May 4, the Executive Office of Housing and Economic Development provided guidance to non-essential businesses who wish to resume operations to remotely fulfill online or phone orders. Under the…more

Coronavirus/COVID-19, Employer Responsibilities, Health and Safety, Infectious Diseases, Public Health

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Katherine Garrahan

A Checklist for Adjusting Your Brewery for Phase II in Massachusetts

The below is a general checklist of questions and issues you should review while contemplating any changes of use, service, expansion to outdoor uses or other departures from your prior operations as a result of COVID-19…more

Beer, Beverage Manufacturers, Breweries, Business Operations, Commercial Leases

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Darcy Hamilton

Annual Exclusion Gifting

Clients are often interested in gifting to their loved ones not only to benefit the recipient of the gift, but also to reduce the donor’s taxable estate for estate tax purposes. Every taxpayer can give a certain amount each year…more

Estate Planning, Estate Tax, Gift Tax, Gifts, Income Taxes

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Benjamin Hinks

Supreme Court Clarifies Law on So-called “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court settled a longtime debate among federal appellate courts regarding so-called “reverse discrimination” claims that are brought by employees under Title VII of the Civil Rights Act of 1964…more

Ames v Ohio Department of Youth Services, Civil Rights Act, Employment Discrimination, Employment Litigation, Evidentiary Standards

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Charles Hunsinger

Building a Good Relationship with a Lawyer

Hiring a lawyer is a major decision. You select someone to help you navigate a challenging, often emotional, situation, and you may spend a significant amount of money on their legal services. So how can you get the best return…more

Client Communication, Client Services, Law Firm Associates, Law Firm Partners, Relationship Development

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Abigail Kaelberer

Estate Planning Considerations for Individuals Using IVF with Cryopreserved Embryos

The use of Assisted Reproductive Technologies (“ART”) is becoming more and more common, and those utilizing ART may have additional considerations when creating or updating their estate plan. This blog will focus specifically on…more

Artificial Reproduction, Attorney-in-Fact, Consent Agreements, Durable Power of Attorney, Estate Planning

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Carly Krolak

Federal District Court Strikes Down FTC Non-Compete Ban

In April of 2024, Bowditch alerted clients that the Federal Trade Commission (“FTC”) finalized “The Non-Compete Clause Rule” (the “Rule”), which would ban most employers from using post-employment non-compete agreements in…more

Administrative Procedure Act, Arbitrary and Capricious, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Danielle Jurema Lederman

2025 Changes to Massachusetts Paid Family and Medical Leave (MA PFML)

Important updates to the Massachusetts Paid Family and Medical Leave (“MA PFML”) law are going into effect January 1, 2025. Employers should take steps now to provide their current employees with notice of these changes by…more

Employee Benefits, Employer Contributions, Family Medical Leave, Notice Requirements, Paid Leave

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Eileen Lee Breger

Do the Retirement Plan Provisions in Your Trust Still Align with Your Estate Planning Goals Following Updates to the SECURE Act?

Following the IRS’ finalization of the SECURE Act regulations on July 18, 2024, it is a good time to review the retirement benefit provisions of your trust to make sure they still align with your estate planning goals…more

Beneficiaries, Conduit Trust, Estate Planning, IRS, Required Minimum Distributions

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Rebecca MacGregor

Tales from the Docket: Who Gets the Money When a Trust Fails?

In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy…more

Beneficiaries, Estate Planning, Heirs, Probate Courts, Trust Assets

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Steven Manchel

New FTC Rule Imposes Sweeping Ban on Non-Compete Agreements with Workers

In January of 2023, Bowditch alerted clients that the Federal Trade Commission (“FTC”) was proposing a sweeping new rule that would ban the use of virtually all non-compete agreements and have a seismic effect on employment…more

Federal Trade Commission (FTC), FTC Act, Hiring & Firing, New Rules, Non-Compete Agreements

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Peter Martin

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in…more

Affordable Care Act, Age Discrimination, Covered Entities, Department of Health and Human Services (HHS), Disability Discrimination

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Samantha McDonald

Massachusetts Commits $171MM for Programs to Help Tenants and Landlords Impacted by COVID-19

As we have previously reported, in March the Commonwealth instituted an eviction and foreclosure moratorium which, among other things, provided a financial backstop for landlords effected by their tenants’ inability to make rent…more

Borrowers, Coronavirus/COVID-19, Eviction, Foreclosure, Landlords

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Robin Lynch Nardone

Child Custody and Coercive Control

It is long-standing law in Massachusetts that the best interests of a child govern custody disputes. Said another way, when parents cannot agree and the court has to make custody and parenting time decisions, the well-being and…more

Child Abuse, Child Custody, Family Law Courts, Joint Custody, Parenting Time

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Julie O'Neill

Corporate Transparency Act – CTA for Foreign Reporting Companies Only

On Friday, March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that eliminates reporting requirements for domestic reporting companies via redefining “reporting company” to include only…more

Beneficial Owner, Comment Period, Corporate Transparency Act, FinCEN, Foreign Entities

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Lynette Paczkowski

A Material World – Considerations for Seeking a Modification of Child Custody and Child Support Orders

In Massachusetts, orders and judgments regarding child custody and child support may be subject to modification if there has been a material change in circumstance. But what does this mean? Let’s start with what it does not…more

Child Custody, Child Support, Child Support Modification, Custody Modification, Family Law Courts

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Matthew Ray

Top Considerations When Preparing to Sell a Company

Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work with…more

Buyers, Commercial Leases, Contract Negotiations, Environmental Site Assessment, Financial Statements

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Raymond Ripple

Federal Court Overturns DOL’s New Overtime Rule

On November 15, 2024, in State of Texas v. Dep’t of Labor, 24-cv-468-SDJ, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) final rule raising the salary thresholds for being…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees, Minimum Salary

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Christopher Rock

The Corporate Transparency Act – FinCEN Filing Reminders and Legal Updates

The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024. In March 2024, a U.S. District Court from the Northern District of Alabama held that the CTA was unconstitutional [Nat’l Small Business United et…more

Anti-Money Laundering, Beneficial Owner, Constitutional Challenges, Corporate Transparency Act, FinCEN

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Aastha Sharma

Key Legal Tips to Maximize Your Understanding and Use of Software-as-a-Service Agreements

“Software-as-a-Service,” commonly known as “SaaS,” is a subscription-based software distribution model in which the vendor allows users to connect to and use cloud-based applications over the Internet for the subscribed term…more

Auto-Renewal, Cloud Service Providers (CSPs), Contract Negotiations, Data Rights, Indemnity

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Kristin Wildman Shirahama

Massachusetts Supreme Judicial Court Ruled Irrevocable Income-Only Trusts a Viable Tool in Long-term Care Planning

In Mary E. Daley v. Secretary of the Executive Office of Health and Human Services and Lionel C. Nadeau v. Director of the Office of Medicaid, which were consolidated in an appeal to the Massachusetts Supreme Judicial Court, the…more

Charitable Donations, Estate Planning, Irrevocable Trusts, Life Estates, Long-Term Care

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Joshua Lee Smith

The Mass Leads Act Gains Momentum: Extending Permits and Offering Protections for Developers

In February 2024, the Healey-Driscoll Administration introduced its economic development bill, Mass Leads: An Act Relative to Strengthening Massachusetts’ Economic Leadership. After months of delay, the Massachusetts Legislature…more

Commercial Real Estate Market, Construction Industry, Construction Project, Economic Development, Land Developers

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Catherine Spanu

Finality Over Biology: Massachusetts SJC Upholds Strict Deadlines to Establish Parentage

In a recent ruling, the Massachusetts Supreme Judicial Court (“SJC”) affirmed the finality of voluntary acknowledgments of parentage (“VAPs”), even if later genetic evidence proves that a parent who signed a VAP has no…more

DNA, Family Law Courts, MA Supreme Judicial Court, Parental Rights, Paternity

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Dajana Stajko

Tax Tips for New College Graduates

As new college graduates cross the stage to receive their diplomas, many will also be heading to their first full-time jobs. There are some tax tips new graduates can implement early on that will help with savings in the long…more

401k, Flexible Spending Accounts, Gig Economy, Income Taxes, Individual Retirement Account (IRA)

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Timothy Van Dyck

Steps Large Organizations Should Consider Taking to Protect the Safety of Their Executives

With the jarring news this week that Brian Thompson, the CEO of UnitedHealthcare, was fatally shot outside a Midtown Manhattan hotel, many Fortune 500 and other large companies are suddenly finding themselves in the unenviable…more

CEOs, Corporate Executives, Employment Contract, Employment Policies, Risk Assessment

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Chelsie Vokes

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and…more

Discipline, Employee Handbooks, Employment Contract, Employment Discrimination, Employment Policies

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Robert Young

MCAD Announces Draft of Updated Harassment Guidelines and Seeks Public Comment

On January 25, 2024, the Massachusetts Commission Against Discrimination (MCAD – see Note 1) announced new draft guidelines titled “Guidelines on Harassment in the Workplace” (the “Draft Guidelines”). The Draft Guidelines are…more

Anti-Harassment Policies, Comment Period, Employer Liability Issues, Employment Discrimination, Hostile Environment

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Denise Yurkofsky

Creating an Ethical Will to Pass Down Your Values and Memories

While having an estate plan in place to provide for your possible incapacity and death is important, many people also look for a way to pass down their values. This can be done through a document called an Ethical Will, which…more

Estate Planning, Wills

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Amanda Zuretti

Massachusetts Cannabis Control Commission Accepting Public Comments for On-site Social Consumption Establishments

On December 13, 2024, the Massachusetts Cannabis Control Commission (“Commission”) voted to receive public comments to proposed Social Consumption Establishment Regulations until January 23, 2025, at 5:00 p.m…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Comment Period, Licenses, Marijuana

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