Author Info for Goulston & Storrs PC

Ned Abelson

The SEC Proposed Rule on Climate-Related Disclosures and Its Implications for Commercial Leasing

In March of 2022, the Securities and Exchange Commission (the “SEC”) proposed a new rule regarding mandatory disclosure of climate-related information. This proposed rule, if finalized in its current form, will require public…more

Annual Reports, Commercial Leases, Commercial Property Owners, Disclosure Requirements, Environmental Social & Governance (ESG)

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Abraham Leitner

Biden’s FY2024 Budget: Key Real Estate Tax Proposals

On March 9, 2023, President Biden released his FY2024 budget (the “FY2024 Budget”), and the U.S. Treasury released the so-called “Green Book," which provides details related to the revenue provisions in the FY2024 Budget. Given…more

Biden Administration, Federal Budget, Green Book, Income Taxes, Internal Revenue Code (IRC)

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Joel Antwi

Lions and Turtles and Bearded Dragons, Oh My!

Fleming v. Zoning Bd. of Appeals of Oxford, 103 Mass. App. Ct. 1128 (2024) In Fleming, the Massachusetts Appeals Court grappled with some scaley zoning issues arising out of personal ownership of 460 reptiles. In this case,…more

Bylaws, Municipalities, Zoning Board of Appeals, Zoning Laws

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Daniel Avery

What's Market: The Materiality Scrape

Over the past 15+ years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to something near-ubiquitous in M&A purchase agreements,…more

Acquisition Agreements, American Bar Association (ABA), Buyers, Contract Drafting, Contract Negotiations

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David Avitabile

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Timothy Bancroft

The SEC Proposed Rule on Climate-Related Disclosures and Its Implications for Commercial Leasing

In March of 2022, the Securities and Exchange Commission (the “SEC”) proposed a new rule regarding mandatory disclosure of climate-related information. This proposed rule, if finalized in its current form, will require public…more

Annual Reports, Commercial Leases, Commercial Property Owners, Disclosure Requirements, Environmental Social & Governance (ESG)

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Mitchell Baron

NYC’s Recent COVID-19 Legislation Limits Enforcement of Personal Liability Provisions and Prohibits Harassment for Certain Commercial Tenants

On May 26, 2020, the New York City Council passed two laws, effective immediately, intended to provide relief to certain commercial tenants during the COVID-19 pandemic. These laws supplement federal relief bills and the…more

Anti-Harassment Policies, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Eviction

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Gene Barton

To Sell Or Not To Sell: Five Things To Consider

It’s the great American dream: Build a great company and then sell it for enough money that neither you nor the ones you love will ever have to worry about finances again…more

Business Development, Business Plans, Closely Held Businesses, Corporate Sales Transactions, Estate Planning

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Gerret Baur

Biden’s FY2024 Budget: Key Real Estate Tax Proposals

On March 9, 2023, President Biden released his FY2024 budget (the “FY2024 Budget”), and the U.S. Treasury released the so-called “Green Book," which provides details related to the revenue provisions in the FY2024 Budget. Given…more

Biden Administration, Federal Budget, Green Book, Income Taxes, Internal Revenue Code (IRC)

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Alexander Berger

To Deed, Or Not To Deed (That is the Question): The Pros and Cons of a Deed in Lieu

Amidst soaring interest rates and the recent swell in commercial real estate loan workouts, borrowers and lenders alike are increasingly considering an alternative to the traditional and sometimes long and cumbersome foreclosure…more

Borrowers, Deed-in-Lieu of Foreclosure, Foreclosure, Lenders, Mortgage Servicers

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Peter Bilowz

Owners Beware: Massachusetts Supreme Judicial Court Underscores Strict Adherence to Prompt Payment Act

On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt Payment…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Delay Claims

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Thuy-Dien Bui

Disclosure Schedule Updating for COVID-19 Effects

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community…more

Coronavirus/COVID-19, Corporate Sales Transactions, Disclosure Requirements, Merger Agreements, Purchase Agreement

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Jessica Caamano

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Jonathan Calla

ABA M&A Committee Meeting– 2024 Predictions Warming up in Laguna Beach

We had a great time at the ABA Business Law Section M&A Committee Meeting in beautiful Laguna Beach. It was a nice way to wrap up January with some warm weather and interesting discussions on new developments and predictions for…more

Acquisition Agreements, American Bar Association (ABA), Artificial Intelligence, Contract Drafting, Contract Negotiations

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Brian Carrozza

Law Firms Can Keep Lateral Partners With Support at Work, Home

How can law firms attract, integrate, and retain top talent across all levels while gaining a competitive advantage? This is the proverbial question that remains top of mind for recruiters and business development professionals…more

Business Development, Career Development, Employee Benefits, Hiring & Firing, Job Applicants

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Lee Carter

PPP2, Real Estate, and Tax Highlights of Year-end COVID-Relief Act (The Consolidated Appropriations Act, 2021)

The massive Consolidated Appropriations Act, 2021 (the “Act”), providing year-end COVID-19 relief, was signed into law by President Trump on Sunday, December 27, 2020. Among other changes, the Act extends and makes clarifying…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Forgiveness, New Legislation

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Timothy John Carter

Commercial Real Estate Note Purchases: Lender’s Loss, Investor’s Gain

In this ongoing article series with Citybiz, members of the Goulston & Storrs Commercial Real Estate Workouts Group keep you up to date on the current and emerging issues related to workouts and the Commercial Real Estate…more

Banks, Commercial Mortgages, Commercial Real Estate Market, Distressed Debt, Loans

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James Casiello Jr.

Further Updates to the Massachusetts Estate Tax

On October 4, 2023, the Massachusetts estate tax was updated for the first time in seventeen years (the “2023 Act”). Primarily, the 2023 Act created a $2,000,000 exemption from the estate tax for all decedents who died on or…more

Estate Planning, Estate Tax, State Taxes, Tax Planning, Tax Reform

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Mark Christopher

A Guide to the Corporate Transparency Act for Individuals with Closely-Held Businesses and State-Monitored Entities Created for their Estate Planning

In an effort to curb money laundering, tax evasion, and other corrupt activities conducted through shell companies and synthetic identities, the world’s developed nations have worked for over a decade to create a system of…more

Beneficial Owner, Closely Held Businesses, Corporate Transparency Act, Estate Planning, FATF

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Brian Cohen

Governor Kathy Hochul Proposes New York State Housing Compact

On January 10, New York Governor Kathy Hochul announced The New York Housing Compact, a series of proposals to grow the housing stock across New York State. The Compact aims to build 800,000 new homes statewide over the next…more

Affordable Housing, Critical Infrastructure Sectors, Housing Market, New York, Proposed Regulation

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David Coombs

Need to Know: SEC’s New Private Fund Rules

The Securities and Exchange Commission (“SEC”) recently adopted sweeping new rules (the “Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”) that include significant changes governing how private…more

Investment, Investment Adviser, Investment Advisers Act of 1940, Investment Funds, New Rules

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Peter Corbett

Texts that Bind: Text Messages May Form Binding Real Property Contract

Last month, in St. John’s Holdings, LLC v. Two Electronics, LLC (No. 16 MISC 000090 (RBF)), a Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute the…more

Commercial Contracts, Corporate Counsel, Electronic Communications, Letters of Intent, Real Estate Brokers

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Rhian Cull

Owners Beware: Massachusetts Supreme Judicial Court Underscores Strict Adherence to Prompt Payment Act

On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt Payment…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Delay Claims

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Nicholas Cutaia

New York Court of Appeals Clarifies Lawyer Misconduct Subject to N.Y. Judiciary Law § 487

On March 31, 2020, the New York Court of Appeals issued a significant decision concerning the scope of New York Judiciary Law § 487. See Bill Birds, Inc. v. Stein Law Firm, P.C., --- N.E.3d ----, 2020 WL 1521903 (N.Y. Mar. 31,…more

Attorney Misconduct, Client Services, Frivolous Lawsuits, Legal Ethics, Legal Representatives

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Nancy Davids

ICSC U.S. Law Conference 2021

The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Contract Terms, Frustration of a Common Purpose

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Joshua Davis

Key Reopening Issues & Considerations for Massachusetts Employers

In our recent webinar, Moving Forward: Key Reopening Issues & Considerations, Goulston & Storrs attorneys explored the new set of challenges employers face as Massachusetts lifts the remaining COVID-19 restrictions…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Employee Incentive Plans, Employer Liability Issues

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Yuanshu Deng

Massachusetts “Prompt Pay Law” Imposes New Obligations on Project Owners and Construction Lenders

An Act Promoting Fairness in Private Construction Contracts (the “Prompt Pay Law,” codified at M.G.L. Section 29E, Chapter149), which imposes new requirements on private construction projects, will apply to all construction…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Non-Payment Clauses

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Shane Dettman

The Intersection of Historic Preservation and Urban Planning

There are seventy historic districts in Washington, D.C., with local neighborhoods accounting for more than thirty of these designated areas. In addition to working to preserve some of Washington’s oldest and most historic…more

Construction Project, Historic Preservation, Historical Landmarks, Historical Rehabilitation, Real Estate Development

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William Dillon

Extended Again: No Policy Changes for EB-5, Yet

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple…more

EB-5, EB-5 Regional Centers, Economic Development, Foreign Investment, Immigrant Investor Program

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Frank Ditta

Commercial Real Estate Note Purchases: Lender’s Loss, Investor’s Gain

In this ongoing article series with Citybiz, members of the Goulston & Storrs Commercial Real Estate Workouts Group keep you up to date on the current and emerging issues related to workouts and the Commercial Real Estate…more

Banks, Commercial Mortgages, Commercial Real Estate Market, Distressed Debt, Loans

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Derek Domian

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed as a…more

Breach of Contract, Business Interruption, Commercial Leases, Commercial Tenants, Common Law Claims

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Jason Dunn

Platform Companies: An Evolution of Real Estate Joint Ventures

The traditional real estate joint venture has long been a preferred model for bringing together deal sponsors and capital partners. Originally conceived as a one-off pairing of expertise and equity, the model has evolved to take…more

General Partnerships, Investment Funds, Investment Opportunities, Joint Venture, Real Estate Investments

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Sarah Eberspacher

Probate & Fiduciary Litigation Newsletter - October 2022

Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney…more

Asset Management, Beneficiaries, Decedent Protection, Estate Planning, Fiduciary Duty

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Martin Edel

More States are Allowing College Athletes to Profit off Their Name, Image and Likeness

There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL…more

College Athletes, Compensation, Educational Institutions, Intellectual Property Protection, Name and Likeness

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Jamie Einbinder

Unlocking the Future of Build-To-Rent Housing at the Annual Build-to-Rent Forum (East)

Goulston & Storrs participated in the 9th Annual Build-to-Rent Forum (East) that took place on March 20-21 in Nashville, Tennessee. This conference focused on the latest trends and business strategies in build-to-rent housing…more

Affordable Housing, Build-to-Suit, Construction Project, Housing Developers, Housing Market

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Matthew Epstein

What can Amazon do for you?

Economists and industry experts – and the data – agree on little when it comes to holiday sales. In December, a mere ten days after the National Retail Federation proclaimed that a record 190 million consumers shopped over…more

Amazon Marketplace, Analytics, Brick-and-Mortar Stores, Cyber Monday, E-Commerce

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John Epting

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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George Evans, III

Different Sectors, Same Page

I recently attended the IMN Distressed CRE Forum in New York, alongside my colleagues Brian Cohen, Zev Gewurz and Doug Rosner. It was great to connect with and hear from people across many different places in the industry,…more

Borrowers, Commercial Property Owners, Consumer Financial Products, Distressed Properties, Financial Services Industry

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Martin Fantozzi

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed as a…more

Breach of Contract, Business Interruption, Commercial Leases, Commercial Tenants, Common Law Claims

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Phil Feola

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Andrew Ferren

Airbnb Slashes Boston Inventory to Meet New Requirements

The number of Airbnb listings in Boston has been cut in half due to local ordinances regulating the operation of short-term rentals. Boston is not the only city pushing back on Airbnb, a company that is battling local city…more

AirBnB, Homeowners, Hospitality Industry, Initial Public Offering (IPO), Local Ordinance

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Lawrence Ferris

D.C. FY25 Budget Expands CRE Revitalization Initiatives

The end of June saw the D.C. Council pass the Fiscal Year 2025 Budget Support Act of 2024 and the Fiscal Year 2025 Local Budget Act of 2024. The 2025 budget includes the “Central Washington Activation Conversion Program…more

Affordable Housing, Budgets, Community Development, Neighborhood Revitalization, Property Tax

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Jill Fox

New York State LIBOR Transition Bill Signed into Law

On April 6, 2021, New York Governor Andrew Cuomo signed into law Senate Bill S297B/Assembly Bill 164B (the “New York Legislation”), which paves the way for a smoother transition from US Dollar LIBOR and, in particular, addresses…more

Alternative Reference Rates Committee (ARRC), Benchmarks, Financial Regulatory Reform, Financial Services Industry, ICE Benchmark Administration (IBA)

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Martha Nahill Frahm

College & University Hotel Ownership Symposium – Key Takeaways

We recently had the opportunity to co-sponsor and present during the College & University Hotel Ownership Symposium (CUHOS), on March 4-5 at Harvard University. The biennial event, organized by Pinnacle Advisory Group, features…more

Business Ownership, Commercial Real Estate Market, Corporate Taxes, Hospitality Industry, Hotel Management Agreements

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Len Freiman

Shopping for Milk, Bread and Signatures: Massachusetts Supreme Judicial Court Allows Solicitation of Political Nomination Signatures on Stand-alone Retailer’s Private Property

A recent decision issued by the Supreme Judicial Court of Massachusetts has expanded a citizen’s right to conduct political activity on a retailer’s private property. In the case, STEVEN M. GLOVSKY vs. ROCHE BROS. SUPERMARKETS,…more

Grocery Stores, Political Campaigns, Polling, Private Property, Retailers

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Jennifer Furey

Massachusetts Imposes Additional Potential Liability on Employers for Wage-and-Hour Compliance

In a departure from earlier court decisions, the Massachusetts Supreme Judicial Court (SJC) has imposed additional potential liability on employers for wage-and-hour compliance. In Reuter v. City of Methuen, the SJC explained…more

Employer Liability Issues, Employment Litigation, Interest Payments, Labor Law Violations, MA Supreme Judicial Court

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Patrick Gallagher

BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

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Kevin Gaughan

Coronavirus: Impact on the Retail Industry

Coronavirus Disease 2019 or “COVID-19” continues to dominate national and international discussion. News outlets in Boston, New York, London, Mumbai, Rio de Janeiro, Tokyo, and every other city and town in the world continue to…more

Brick-and-Mortar Stores, Business Continuity Plans, Business Interruption, China, Coronavirus/COVID-19

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Gregory Getschman

PPP2, Real Estate, and Tax Highlights of Year-end COVID-Relief Act (The Consolidated Appropriations Act, 2021)

The massive Consolidated Appropriations Act, 2021 (the “Act”), providing year-end COVID-19 relief, was signed into law by President Trump on Sunday, December 27, 2020. Among other changes, the Act extends and makes clarifying…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Forgiveness, New Legislation

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Zev Gewurz

Commercial Real Estate Note Purchases: Lender’s Loss, Investor’s Gain

In this ongoing article series with Citybiz, members of the Goulston & Storrs Commercial Real Estate Workouts Group keep you up to date on the current and emerging issues related to workouts and the Commercial Real Estate…more

Banks, Commercial Mortgages, Commercial Real Estate Market, Distressed Debt, Loans

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Louise Giannakis

On the Origin of Retail: An Evolutionary Analysis

“Retail Apocalypse!” “Amazon Takeover!” “Goodbye, Brick-and-Mortar!” These reflect the flavor of headlines these past few years: one of a retail Armageddon, or the end as we know it of brick-and-mortar…more

Brick-and-Mortar Stores, E-Commerce, Internet Retailers, Mixed-Use Zoning, Retail Market

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Cecilia Gordon

College & University Hotel Ownership Symposium – Key Takeaways

We recently had the opportunity to co-sponsor and present during the College & University Hotel Ownership Symposium (CUHOS), on March 4-5 at Harvard University. The biennial event, organized by Pinnacle Advisory Group, features…more

Business Ownership, Commercial Real Estate Market, Corporate Taxes, Hospitality Industry, Hotel Management Agreements

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Vaishali Goyal

The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet?

The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act (CTA)! Entities established before January 1, 2024, must submit a beneficial owner information report (BOIR) by…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Jaclyn Grodin

5th Circuit Strikes Down SEC Private Fund Rules. Now What?

The long-awaited SEC private fund rules were put on ice by the Fifth Circuit U.S. Court of Appeals today when the appellate court struck down the rules and the significant compliance, disclosure, and reporting changes that were…more

Anti-Fraud Provisions, Final Rules, Investment, Investment Adviser, Investors

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Yaacov Gross

What's Market? Update: Maryland REIT

For many years, it was assumed and accepted that Delaware corporate law was more advantageous to corporations than the corporate law of other states. While Delaware case law regarding corporations is still more developed than…more

Acquisition Agreements, Board of Directors, Corporate Liability, Delaware General Corporation Law, Investment

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Christian Habersaat

No, Insurance is Not the Solution to the Problem

At least not in the short-term, and perhaps, for most, not at all. Here’s why and what you should be doing now: By now, most of you have received – either directly or indirectly – notes, articles and missives of type…more

Business Interruption, Civil Authority Coverage, Coronavirus/COVID-19, Ingress/Egress, Insurance Claims

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Laurie Hall

Private Client & Trust Tax Reform Advisory

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States income tax regimes for individuals and businesses and…more

529 Plans, Alimony, Alternative Minimum Tax, Business Taxes, Charitable Donations

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Jonathan Hayden

Michigan Supreme Court Dodges Thorny Drone Law Issues

In Long Lake Township v. Maxon, the Michigan Supreme Court had the opportunity to critically consider the extent to which property owners have an inherent right to prevent unwanted drone incursions into the airspace immediately…more

Airspace, Drones, Federal Aviation Administration (FAA), Land Owners, MI Supreme Court

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Justin Heller

Massachusetts Court Allows Dueling Expert Testimony on Differing Theories of the Timing for the Valuation of Legal Malpractice Damages

The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that…more

Arms Length Transactions, Attorney Malpractice, Damages, Expert Testimony, Legal Advice

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Kate Heller

Reimbursement for Remediation: Massachusetts Brownfields Tax Credits Program Extended

Today Governor Maura Healy signed legislation extending the eligibility deadlines for the Massachusetts Brownfields tax credits program by five years. The legislation had been included in the budget bill, which had recently been…more

Brownfield Properties, Construction Project, Contaminated Properties, Environmental Policies, Neighborhood Revitalization

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Kathryn Hess

New York’s “Tenant Safe Harbor Act” – Extended Restrictions Signed into Law

On June 30, Governor Cuomo signed the Tenant Safe Harbor Act (Chapter 127 of the Laws of New York, 2020) (the “Act”) into law, prohibiting evictions of residential tenants, but allowing money judgments for nonpayment of rent,…more

Commercial Leases, Coronavirus/COVID-19, Eviction, Executive Orders, Governor Cuomo

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Michael Hickey

New York LLC Transparency Act Update

Starting January 1, 2026, the New York LLC Transparency Act (the “Act”) will require limited liability companies (LLCs) formed or authorized to do business in the State of New York to disclose information to the NY Department of…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Know Your Customers, Limited Liability Company (LLC)

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Matthew Hillery

Further Updates to the Massachusetts Estate Tax

On October 4, 2023, the Massachusetts estate tax was updated for the first time in seventeen years (the “2023 Act”). Primarily, the 2023 Act created a $2,000,000 exemption from the estate tax for all decedents who died on or…more

Estate Planning, Estate Tax, State Taxes, Tax Planning, Tax Reform

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Matthew Horvitz

Navigating Politics in the Workplace

In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political…more

Employee Rights, Employees, Employment Policies, First Amendment, Free Speech

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Adam Hundley

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under…more

Department of Environmental Protection, Inland Waterways, Public Accommodation, Public Use, Real Estate Market

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Colleen Hussey

The SEC Proposed Rule on Climate-Related Disclosures and Its Implications for Commercial Leasing

In March of 2022, the Securities and Exchange Commission (the “SEC”) proposed a new rule regarding mandatory disclosure of climate-related information. This proposed rule, if finalized in its current form, will require public…more

Annual Reports, Commercial Leases, Commercial Property Owners, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

David Ingraham

City of Boston Office to Residential Conversion Program Extension

In June, Mayor Wu announced the extension of the City of Boston's Office to Residential Conversion Program with $15 million in additional funding from the state. The program, which formally launched in October of 2023, aims to…more

Affordable Housing, Boston, Office Space, Real Estate Development, Real Estate Market

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Mark Jackson

Opportunity Zones Steal the Show - ICSC's 2019 Mid-Atlantic Conference and Deal Making

The Gaylord National Resort & Convention Center played host to the ICSC's 2019 Mid-Atlantic Conference and Deal Making event last week…more

Capital Gains, Community Development, Economic Development, Opportunity Zones, Real Estate Development

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Charles Jacob III

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars or,…more

Beneficiaries, Estate Planning, Marriage, Prenuptial Agreements, Spouses

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Brian Judge

The Game of Malls. What Is Dead May Never Die.

It’s no secret that consumers have been shifting away from shopping at traditional brick-and-mortar stores in favor of shopping online. Nor that the shift in consumers’ shopping habits has resulted in a wave of store closures…more

Amazon Marketplace, Brick-and-Mortar Stores, Commercial Tenants, Critical Infrastructure Sectors, E-Commerce

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Gregory Kaden

M&A Trend Spotting: Evolving Insurance Coverage in Private Equity Transactions

Q. What are some of the insurance industry trends you are seeing in relation to Private Equity Transactions? I would say the market, overall, is now embracing secondary transactions in a much more significant and meaningful…more

Anti-Fraud Provisions, Commercial Insurance Policies, Corporate Sales Transactions, Due Diligence, Policy Terms

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Cary Kadlecek

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Matthew Kiefer

Proposed Action Plan for Article 80 Modernization

After an 18-month study process, the Boston Planning Department has released an Action Plan proposing strategies to modernize Boston’s development review process. The Planning Department is accepting comments on the plan through…more

City Planning Departments, Community Development, Real Estate Development, State and Local Government, Urban Planning & Development

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Peter Kochansky

BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

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Ling Kong

The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet?

The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act (CTA)! Entities established before January 1, 2024, must submit a beneficial owner information report (BOIR) by…more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

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Mariana Korsunsky

Reminder To Draft Purchase And Sale Agreements With Care

Somerville Off. Assocs. Ltd. P'ship v. Cresset Dev., LLC, 104 Mass. App. Ct. 1108 (2024). In Somerville Office Associates Limited Partnership v. Cresset Development, LLC, plaintiff Somerville Office Associates (“SOA”) sold…more

Breach of Duty, Buyers, Contract Drafting, Covenant of Good Faith and Fair Dealing, Purchase and Sale Agreements

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Dan Lasman

New PPP Loan Availability and Cautionary Guidance Announced

1. The Paycheck Protection Program and Healthcare Enforcement Act: What You Need to Know - On April 24, 2020, the President signed into law the Paycheck Protection Program and Healthcare Enhancement Act (the “Act”), amending…more

Coronavirus/COVID-19, Financial Stimulus, Health Care Providers, Healthcare Facilities, Paycheck Protection Program (PPP)

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Elizabeth Levine

New York “HERO” Act Amendments

New York “HERO” Act Amendments Provide Employers with Additional Time and Guidance to Comply with Law Aimed to Reduce Spread of Airborne Infectious Diseases..…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Policies and Procedures

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David Lewis

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Linh Lingenfelter

Platform Companies: An Evolution of Real Estate Joint Ventures

The traditional real estate joint venture has long been a preferred model for bringing together deal sponsors and capital partners. Originally conceived as a one-off pairing of expertise and equity, the model has evolved to take…more

General Partnerships, Investment Funds, Investment Opportunities, Joint Venture, Real Estate Investments

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David Linhart

City of Boston Office to Residential Conversion Program Extension

In June, Mayor Wu announced the extension of the City of Boston's Office to Residential Conversion Program with $15 million in additional funding from the state. The program, which formally launched in October of 2023, aims to…more

Affordable Housing, Boston, Office Space, Real Estate Development, Real Estate Market

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Frank Litwin

The SEC Proposed Rule on Climate-Related Disclosures and Its Implications for Commercial Leasing

In March of 2022, the Securities and Exchange Commission (the “SEC”) proposed a new rule regarding mandatory disclosure of climate-related information. This proposed rule, if finalized in its current form, will require public…more

Annual Reports, Commercial Leases, Commercial Property Owners, Disclosure Requirements, Environmental Social & Governance (ESG)

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Pamela MacKenzie

Update on Main Street Program: Companies For Which a Main Street Loan Could Be a Good Fit

The Federal Reserve’s Main Street Lending Program has been the subject of much commentary and criticism in the past two months – both in the press and in Congress – generally based on the views that the program is off to a slow…more

CARES Act, Coronavirus/COVID-19, EBITDA, Federal Reserve, Financial Stimulus

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Elijah McDonnaugh

When the Levee Breaks: Understanding Key Variations in CRE Collateral and Foreclosure Processes

Following the turmoil of the Great Recession, the commercial real estate (CRE) industry generally benefitted from favorable financing conditions for more than a decade. An ocean of available capital and low interest rates…more

Borrowers, Commercial Real Estate Contracts, Foreclosure, Lenders, Loans

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Amy Moody McGrath

Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020. Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Jennifer Mikels

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars or,…more

Beneficiaries, Estate Planning, Marriage, Prenuptial Agreements, Spouses

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Casey Milianta

The Fed Updates the Main Street Lending Program As of June 15, 2020

The Main Street Lending Program has opened for lender registration as of June 15, 2020, and interested lenders may register using the portal on the Federal Reserve Bank of Boston’s website. This client memo summarizes recent…more

Coronavirus/COVID-19, Federal Loans, Federal Reserve, Main Street Lending Programs, Relief Measures

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Paul Momnie

Boston City Council Approves Urban Renewal Plan Extensions

The Boston City Council has approved six-year extensions of most urban renewal plans, which grant the Boston Redevelopment Authority (BRA) powers of land assembly and disposition. The BRA originally adopted 40-year plans in the…more

Construction Industry, Infrastructure, Land Developers, Public Projects, Time Extensions

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Vanessa Moody

Five Takeaways from the BBA Webinar on the State of Retail and Hospitality During COVID

On November 13th, the Boston Bar Association hosted Uncharted Territory: Challenges Facing Retail, Hospitality Sectors and their Landlords. The live webinar featured Richard Heller, Senior Vice President and General Counsel of…more

Commercial Bankruptcy, Commercial Tenants, Coronavirus/COVID-19, Hospitality Industry, Infectious Diseases

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D. Zachary Mykulak

‘Tis Always the Season for a Pop-up

With Tax Day just around the corner, there is a good chance that you find yourself (along with millions of other Americans) scrambling to get your taxes filed at the last minute…more

Commercial Real Estate Market, Commercial Tenants, Pop-Up Stores, Retail Market, Tax Preparers

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Nordo Nissi

Legal Industry Adaption in the Face of Disruption - SOLID East 2024 Takeaways

The recent SOLID (Summit on Legal Innovation and Disruption) East 2024 Event brought together legal innovators and thought leaders to explore the intersection of innovation, advanced technology, and the business of law. This…more

Artificial Intelligence, Business Strategies, Innovative Technology, Knowledge Management, Law Practice Management

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Andrew O'Connor

Supreme Court Finds Google’s Use of Oracle’s Java Code in Android Operating System to Be Fair Use

On April 5, 2021, the Supreme Court of the United States held that Google’s use of certain Java Application Programming Interfaces (API) in its Android operating system was not copyright infringement and instead constituted fair…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Google

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Patrick O'Connor

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge…more

Clean Water Act, Commercial Property Owners, Environmental Policies, Environmental Protection Agency (EPA), Industrial Space

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Kevin O'Flaherty

Reminder To Draft Purchase And Sale Agreements With Care

Somerville Off. Assocs. Ltd. P'ship v. Cresset Dev., LLC, 104 Mass. App. Ct. 1108 (2024). In Somerville Office Associates Limited Partnership v. Cresset Development, LLC, plaintiff Somerville Office Associates (“SOA”) sold…more

Breach of Duty, Buyers, Contract Drafting, Covenant of Good Faith and Fair Dealing, Purchase and Sale Agreements

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Karen O'Malley

2019 ICSC Law Conference Recap

Last week, over 1,500 members of the retail law industry came together at this year’s 49th International Council of Shopping Center (ICSC) U.S. Law Conference that was held in San Diego from October 23 through October 25, 2019…more

Brick-and-Mortar Stores, Critical Infrastructure Sectors, E-Commerce, Internet Retailers, Retail Market

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Jonathan Pearlson

Updates to California Proposition 65 Affect Retailers and their Suppliers

On August 30, 2018, significant changes to California’s Proposition 65 (“Prop 65”) warning regulations take effect. In the retail context, Prop 65 requires businesses with 10 or more employees to warn individuals in California…more

OEHHA, Proposition 65, Retailers, Suppliers, Toxic Chemicals

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Carly Perkins

PPP Update – Paycheck Protection Flexibility Act

PPP UPDATE – PPP Flexibility Act Reduces Amount Required to be Spent on Payroll; Expands Time Period for Forgiveness and Rehiring Employees; Permits Forgiveness Recipients to Defer Payroll Taxes..…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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D. Hara Perkins

“You are a New Yorker the first time you say, ‘'That used to be…’”

According to one of my favorite novelists, Colson Whitehead, “No matter how long you have been here, you are a New Yorker the first time you say, 'That used to be Munsey's' or ‘That used to be the Tic Toc Lounge.’” I have a…more

Affordable Housing, Community Development, Economic Development, Real Estate Development

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Michelle Porter

Starting the Conversation: Discussing Family Wealth and Values with Children

According to a January 2019 survey, roughly two out of three parents express some reluctance about discussing money and financial topics with their children. Parental anxieties about financial status, adult matters, and kids…more

Estate Planning, Financial Planning, Transfer of Assets, Wealth Management

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Allison Prince

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Molly Quinn

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars or,…more

Beneficiaries, Estate Planning, Marriage, Prenuptial Agreements, Spouses

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David Rabinowitz

New York City Vaccine Mandate for Certain Indoor Activities

In early August 2021, New York City Mayor Bill de Blasio announced Key to NYC, which requires patrons of indoor dining, indoor fitness and indoor entertainment to provide proof of COVID-19 vaccination. Employees at such…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Employer Liability Issues, Employer Mandates, Health and Safety

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John Ramsey

Further Updates to the Massachusetts Estate Tax

On October 4, 2023, the Massachusetts estate tax was updated for the first time in seventeen years (the “2023 Act”). Primarily, the 2023 Act created a $2,000,000 exemption from the estate tax for all decedents who died on or…more

Estate Planning, Estate Tax, State Taxes, Tax Planning, Tax Reform

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John Ratino

D.C. Transfer and Recordation Taxes On Track to Decrease to 2.9%

D.C.’s recordation and transfer tax rates on commercial or mixed-use properties are on track to decrease to a combined rate of 2.9% for transactions closing after September 30, 2023. …more

Mixed-Use Zoning, Real Estate Market, Real Estate Transactions, Real Estate Transfers, Realty Transfer Taxes

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Carla Reeves

Political Speech in the Workplace: Legal Considerations for Employers

As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the disruption…more

Anti-Harassment Policies, Discrimination, Employee Rights, Employer Liability Issues, Employer Rights

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Christian Regnier

BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities…more

Building Codes, Community Development, Housing Market, Inclusionary Housing Ordinance, Real Estate Development

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Alan Reisch

No, Insurance is Not the Solution to the Problem

At least not in the short-term, and perhaps, for most, not at all. Here’s why and what you should be doing now: By now, most of you have received – either directly or indirectly – notes, articles and missives of type…more

Business Interruption, Civil Authority Coverage, Coronavirus/COVID-19, Ingress/Egress, Insurance Claims

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Kevin Renna

Information for Borrowers with Loans from Silicon Valley Bank or Signature Bank

This alert provides information for borrowers with loans from Silicon Valley Bank (“SVB”) or Signature Bank (“Signature”) based on information available from the FDIC and our clients’ experiences over the last few days. We have…more

Borrowers, Deposit Accounts, Deposit Insurance, Depository Institutions, Enforcement Actions

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Justin Rheingold

After EPA Rule Changes, Which ASTM Phase I ESA Standard Should You Use?

On November 1, 2021, ASTM International released its revised standard for Phase I Environmental Site Assessments. On March 14, 2022, the U.S. Environmental Protection Agency (the “EPA”) published a Direct Final Rule that…more

ASTM, CERCLA, Contaminated Properties, Environmental Assessments, Environmental Policies

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Karin Rivard

The Latest on NIL: Updates to State and Federal Laws

Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight…more

Agents, Compensation, Educational Institutions, Intellectual Property Protection, IP License

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Melissa Rivers

ICSC Law Conference 2020 – 50th Anniversary Edition

This year, the ICSC Law Conference on October 14-16 celebrated its 50th Anniversary. The planned pomp and circumstance were eliminated due to COVID-19, but the conference was still held using a virtual platform. While less than…more

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

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Michael Robinson

Massachusetts “Prompt Pay Law” Imposes New Obligations on Project Owners and Construction Lenders

An Act Promoting Fairness in Private Construction Contracts (the “Prompt Pay Law,” codified at M.G.L. Section 29E, Chapter149), which imposes new requirements on private construction projects, will apply to all construction…more

Construction Contracts, Construction Disputes, Construction Project, Contract Terms, Non-Payment Clauses

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Christine Roddy

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Dana Rodin

New Massachusetts Law Imposes Limits and Controls on Retainage under Construction Contracts

On August 9, 2014, Governor Patrick signed SB2271 into law. This law will have important impacts on both private developers and contractors. The Act limits the amount of retainage withheld under construction contracts and…more

Construction Contracts, Contractors, Land Developers, New Legislation, Substantial Completion

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Jennifer Rogers

As the “Legal” World Turns – Lessons Learned from ICSC Law Conference 2020

Last month, not only did the International Council of Shopping Center (ICSC) host its 50th U.S. Law Conference, but, for the first time in its history, it did so virtually due to the impact of COVID-19! While some attendees were…more

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

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Gary Ronan

Prenuptial Agreement Held to Be Valid Waiver of Spouse’s Statutory Right of Election

Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars or,…more

Beneficiaries, Estate Planning, Marriage, Prenuptial Agreements, Spouses

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Adrienne Rosenblatt

Boston’s Squares + Streets Zoning Initiative Advances

Boston’s campaign of planning-led rezoning is proceeding with a recent vote by the Boston Planning and Development Agency (BPDA) to petition the Zoning Commission for approval of new citywide form-based zoning templates for…more

Construction Project, Infrastructure, Real Estate Development, Roads, State and Local Government

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Richard Rosensweig

Massachusetts Court Allows Dueling Expert Testimony on Differing Theories of the Timing for the Valuation of Legal Malpractice Damages

The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that…more

Arms Length Transactions, Attorney Malpractice, Damages, Expert Testimony, Legal Advice

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Douglas Rosner

The Importance of Having All Your Docs in a Row On a Commercial Foreclosure Summary Judgment Motion

Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the options…more

Article III, CMBS, Commercial Loans, Commercial Mortgages, Consumer Financial Products

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Andrew Rothstein

Further Updates to the Massachusetts Estate Tax

On October 4, 2023, the Massachusetts estate tax was updated for the first time in seventeen years (the “2023 Act”). Primarily, the 2023 Act created a $2,000,000 exemption from the estate tax for all decedents who died on or…more

Estate Planning, Estate Tax, State Taxes, Tax Planning, Tax Reform

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Daniel Rottenberg

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses…more

Brick-and-Mortar Stores, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Jesse Rubinstein

Information for Borrowers with Loans from Silicon Valley Bank or Signature Bank

This alert provides information for borrowers with loans from Silicon Valley Bank (“SVB”) or Signature Bank (“Signature”) based on information available from the FDIC and our clients’ experiences over the last few days. We have…more

Borrowers, Deposit Accounts, Deposit Insurance, Depository Institutions, Enforcement Actions

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Adam Safer

New York State Publishes HERO Act Model and Industry Plans for Returning to Work

By August 5, 2021, all employers with worksites in New York state must either: (i) adopt a model plan promulgated by the Department of Labor or (ii) develop and establish an alternative plan that meets the minimum standards of…more

Employer Liability Issues, Health & Safety Standard, Infectious Diseases, New Legislation, Occupational Exposure

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Rajinder Saini

To Deed, Or Not To Deed (That is the Question): The Pros and Cons of a Deed in Lieu

Amidst soaring interest rates and the recent swell in commercial real estate loan workouts, borrowers and lenders alike are increasingly considering an alternative to the traditional and sometimes long and cumbersome foreclosure…more

Borrowers, Deed-in-Lieu of Foreclosure, Foreclosure, Lenders, Mortgage Servicers

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Salome Salia

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does a…more

Appeals, Attorney's Fees, Bonds, Building Permits, Construction Project

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Nancy Samiljan

IRS Adjusts Distribution Guidance: Taxpayers Who Took Required Minimum Distributions in 2020 May Be Able to Return Them To A Retirement Account

The IRS recently released Notice 2020-51, which provides further taxpayer-friendly guidance for the treatment of required minimum distributions paid from retirement accounts in 2020…more

Employee Benefits, Individual Retirement Account (IRA), Popular, Required Minimum Distributions, Retirement

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Yareni Sanchez

City of Boston Announces Staged Construction Restart, Outlines Expanded Categories and Key Dates

In a memo from Chief of Operations Patrick Brophy, Mayor Martin J. Walsh announced last night that Boston will incrementally expand its categories of allowed construction to further align with Governor Charlie D. Baker’s…more

Business Closures, Business Interruption, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Kitt Sawitsky

Five Keys to Creating a Successful Family Entity

Starting a family entity can bring family members closer as they build a new level of meaningful interactions together. Along the way, the venture may create wealth and opportunities, fulfill philanthropic goals, and create a…more

Business Plans, Closely Held Businesses, Corporate Governance, Family Businesses

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Leah Segal

Qualified Opportunity Zones: New Proposed Regulations Provide Further Guidance

The Treasury Department has now released a second round of proposed regulations on the Qualified Opportunity Zone (“QOZ”) provisions under Internal Revenue Code Section 1400Z-2…more

Anti-Abuse Rule, Capital Gains, Carried Interest, Holding Periods, Opportunity Zones

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Eric Seltzer

Distressed Assets Are Hitting the Market. How Can Investors Buy Wisely?

As the U.S. heads into another major economic downturn, one type of property has bubbled to the top of every real estate investor’s mind: distressed assets. During the last recession, U.S. commercial property prices fell by 35%,…more

Chapter 11, Commercial Bankruptcy, Corporate Sales Transactions, Distressed Assets, Investment Opportunities

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William Seuch

Are You Getting All of Your Brownfields Tax Credits?

While Massachusetts first created a Brownfields tax credit in 1998 to encourage the redevelopment of Brownfields sites, until recently, this very useful tax credit was in danger of becoming history…more

Brownfield Properties, Contaminated Properties, Income Taxes, Redevelopment, Remediation

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Andrew Shaw

Governor Kathy Hochul Proposes New York State Housing Compact

On January 10, New York Governor Kathy Hochul announced The New York Housing Compact, a series of proposals to grow the housing stock across New York State. The Compact aims to build 800,000 new homes statewide over the next…more

Affordable Housing, Critical Infrastructure Sectors, Housing Market, New York, Proposed Regulation

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Lee Templin

Office of Planning Introduces Phase 2 of IZ Xl to Apply to Non-Residential Conversions

The Office of Planning (“OP”) has introduced its second phase of proposed amendments to the Inclusionary Zoning (“IZ”) regulations intended to increase the applicability of IZ (“IZ XL”). Phase 2 of IZ XL, known as Z.C. Case No…more

Community Development, Housing Developers, Inclusionary Housing Ordinance, Public Meetings, Real Estate Development

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Allison Sherrier

Key Takeaways: 2023 ABA Private Target Mergers & Acquisitions Deal Points Study

The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. The…more

Acquisition Agreements, Buying a Business, Contract Terms, Corporate Sales Transactions, Indemnity

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James Shipe

Retail-to-Industrial Conversions: Revolution or Niche Trend?

It may have been unthinkable ten to fifteen years ago, but the shift in consumer shopping patterns from brick-and-mortar stores to online platforms has resulted in the emergence of retail-to-industrial conversions over the past…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Conversion, E-Commerce

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Kerry Spindler

Further Updates to the Massachusetts Estate Tax

On October 4, 2023, the Massachusetts estate tax was updated for the first time in seventeen years (the “2023 Act”). Primarily, the 2023 Act created a $2,000,000 exemption from the estate tax for all decedents who died on or…more

Estate Planning, Estate Tax, State Taxes, Tax Planning, Tax Reform

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Harold Stahler

SBA PPP Loan Applications for Hotels

Applying for a PPP (Paycheck Protection Program) loan for your hotel? First, reach out to your lender to confirm that it is accepting applications and submitting them to the Small Business Administration (SBA) on the same day,…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Hotels

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Sonia Macias Steele

When a Stick Tastes Like a Carrot - Post-Employment Payouts for College Coaches

Post-employment payouts are a hallmark of college and university coaching contracts. In the case of a not-for-cause termination, the purpose of post-employment payments is to honor the payment terms of the contract and provide a…more

Coaches, Colleges, Compensation & Benefits, Employment Contract, Golden Parachutes

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Jonathan Stein

Commercial Real Estate Note Purchases: Lender’s Loss, Investor’s Gain

In this ongoing article series with Citybiz, members of the Goulston & Storrs Commercial Real Estate Workouts Group keep you up to date on the current and emerging issues related to workouts and the Commercial Real Estate…more

Banks, Commercial Mortgages, Commercial Real Estate Market, Distressed Debt, Loans

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Marilyn Sticklor

9th Edition Massachusetts State Building Code Approved With Concurrency Period

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on October…more

Building Codes, Construction Industry, Municipalities, Real Estate Development, Urban Planning & Development

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G. Thacher Storm

Tax Reform Advisory: Exempt Organizations

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”), implementing sweeping changes to United States tax regimes for exempt organizations, businesses in which…more

Charitable Donations, Charitable Organizations, Compensation & Benefits, Corporate Taxes, Excise Tax

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Isabel Sukholitsky

General Jurisdiction Trend Grows With NY High Court's Ruling

Since the U.S. Supreme Court's 2014 landmark decision in Daimler AG v. Bauman, courts around the country have been reexamining their prior holdings addressing whether a company consents to personal jurisdiction solely by…more

DaimlerChrysler v Bauman, Ford Motor, Foreign Corporations, General Jurisdiction, Goodyear

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Richard Talkov

New Basis Reporting Requirements for Executors and Beneficiaries

Recent federal legislation adds fresh compliance burdens to an old concept in federal tax law: the step-up in tax basis of appreciated property at death. New reporting requirements will apply to estates required to file a…more

Beneficiaries, Estate Planning, Estate Tax, Executors, IRS

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Peter Tamm

Stormwater Discharge Permit Changes: What Property Owners in Eastern Massachusetts Need to Know

Many currently unregulated commercial, industrial, and institutional properties in Eastern Massachusetts may soon require stormwater upgrades in order to meet the new rigorous Clean Water Act (CWA) stormwater discharge…more

Clean Water Act, Commercial Property Owners, Environmental Policies, Environmental Protection Agency (EPA), Industrial Space

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Jared Tardy

Summary of CARES Act

CARES Act (Coronavirus Aid, Relief, and Economic Security Act) - Below is a summary of certain provisions of HR 748, the bill approved by the Senate on March 25, 2020. Please note that the legislation still requires review…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Robert Towsner

The House Joins the Senate Finance Committee in Proposing FIRPTA Reform

FIRPTA real estate tax reform continues its momentum with the recent release of bill text for H.R. 2128, the latest House bill introduced by Kevin Brady (R-Texas) and J Crowley (D-NY). In connection with the filing of the bill,…more

FIRPTA, Legislative Agendas, Pensions, Senate Finance Committee, Tax Reform

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Tiffany Tsang

Disclosure Schedule Updating for COVID-19 Effects

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community…more

Coronavirus/COVID-19, Corporate Sales Transactions, Disclosure Requirements, Merger Agreements, Purchase Agreement

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Paul Tummonds Jr.

D.C. Zoning Commission Responds to Two of Attorney General’s Inclusionary Zoning Proposals

On December 2, 2021, the Office of the Attorney General for the District of Columbia (OAG), filed four petitions with the Zoning Commission (ZC) to amend the Zoning Regulations as an effort to increase the supply of affordable…more

Affordable Housing, Critical Infrastructure Sectors, Economic Impact Analysis, Housing Market, Inclusionary Housing Ordinance

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Rebecca Tunney

The New Administration Brings Several Potential Tax Law Changes

A new Presidential administration and Congress always bring with them the potential for change, and this is again the case. Joe Biden and his party made a series of tax law proposals throughout the presidential campaign season…more

Biden Administration, Business Income, Business Taxes, Charitable Donations, Income Taxes

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Ross Turner

Website and Mobile App Accessibility: The DOJ Kicks the Can

As experienced retail attorneys, we bring decades of first-hand knowledge dealing with the business and legal issues facing retailers, e-tailers, landlords, owners, developers and prospective purchasers, restaurateurs, and…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Internet Retailers, Mobile Apps, Title III

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Jeff Utz

D.C. FY25 Budget Expands CRE Revitalization Initiatives

The end of June saw the D.C. Council pass the Fiscal Year 2025 Budget Support Act of 2024 and the Fiscal Year 2025 Local Budget Act of 2024. The 2025 budget includes the “Central Washington Activation Conversion Program…more

Affordable Housing, Budgets, Community Development, Neighborhood Revitalization, Property Tax

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Timothy Watkins

Increased Charitable Giving in the Time of COVID: Philanthropy or Tax Driven?

Even before the global COVID-19 pandemic hit, retailers across the country were already prioritizing charitable giving despite the existing downward trend in sales and revenue. With the recent global COVID-19 pandemic and the…more

Charitable Donations, Coronavirus/COVID-19, Economic Downturn, Infectious Diseases, Manufacturers

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Wendelin White

Worst-Case Scenarios: Navigating The ‘What Ifs’ Of Coronavirus

Before the coronavirus hit, the real estate industry was riding an all-time high. Global CRE investment was at its highest level ever, home building was up, and developers were eager to use the industry’s continued momentum to…more

CARES Act, Coronavirus/COVID-19, EBITDA, Infrastructure, Lenders

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John White III

Reminder To Draft Purchase And Sale Agreements With Care

Somerville Off. Assocs. Ltd. P'ship v. Cresset Dev., LLC, 104 Mass. App. Ct. 1108 (2024). In Somerville Office Associates Limited Partnership v. Cresset Development, LLC, plaintiff Somerville Office Associates (“SOA”) sold…more

Breach of Duty, Buyers, Contract Drafting, Covenant of Good Faith and Fair Dealing, Purchase and Sale Agreements

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Richard Zielinski

What's Market? Update: Litigation

In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VCG (Del. Ch. 2015), the Delaware Court of Chancery held in connection with an appraisal proceeding brought by a dissenting shareholder that the best indication of the…more

Ancestry.com, Appraisal, Banking Sector, Breach of Duty, Fair Market Value

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