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No Such Thing as Finders Keepers Among Attorney Referrals

Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences of unpermitted fee arrangements, also known as “finder’s fee” arrangements. These types of arrangements between attorneys are…
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A double-door entrance to a commercial space, with a burgundy-red paper sign saying "FOR LEASE" in bold white text in all-caps

Precedent and Precision Continue to Drive Massachusetts Court Decisions in Litigation Involving Commercial Leases

Nearly a decade ago, I wrote an article for the New England Real Estate Journal about a decision issued by the Massachusetts Supreme Judicial Court that provided an important reminder to commercial leasing practitioners on the proper use of liquidated damages and rent acceleration clauses in remedies provisions in Massachusetts (“MA”).  Now, a recent opinion…
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Santa (and the CPPA) Know If You’ve Been Naughty or Nice With Your Consumer Data

On Oct. 17, 2022, the California Privacy Protection Agency (the “CPPA”) released a revised draft of regulations to enforce the soon-to-be-effective California Privacy Rights Act (the “CPRA”). The revised regulations include revisions to sections regarding collection of personal data, restrictions on the use of personal data, privacy notice requirements and opt-out preference signals. The revisions…
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metal object shaped like a house, surrounded by open handcuffs on a rough brown surface

The Good, the Bad and the Ethical: Mortgage Fraud on the Rise?

In a matter of months, several well-known individuals in real estate have been convicted of and/or charged with fraud or similar crimes relating to the theft of client funds. The summary below highlights a few of those cases with some extraordinary damages, but questions remain: Is this a harbinger of what’s to come? Or are…
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FinCEN website within internet browser on computer screen

New B.O.S.S., Same as the Old Boss? New Clarity on the Corporate Transparency Act

On September 30, 2022, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule requiring certain entities to file with FinCEN reports that identify two categories of individuals: the beneficial owners of the entity, and individuals who have filed an application with specified governmental authorities to create the entity or register it…
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Hundred dollar bill with marijuana leaves on top

SAFE Banking Tweak Would Be Huge ‘Plus’ for Financial, Cannabis Industries

As the regulated sale of cannabis increasingly becomes sanctioned under state law, federal implications arising from its classification as a controlled substance continue to frustrate those in the banking industry who view the meteoric rise of the cannabis industry as a promising opportunity (legal market sales in 2022 are expected to reach $33 billion[1]). Despite…
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Trust Me. You Need a Trust.

So, you finally sat down to start your estate plan but have heard so many conflicting points about wills and trusts that you don’t know where to start. If you are choosing between a trust and a will, you’re not alone. One of the biggest reasons people choose a trust is because it eliminates the…
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I Always Feel Like… My Boss is Watching Me!

Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers[1], National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo has released a new memorandum announcing her plan to address modern technology in the workplace.[2] Analogous to the EEOC, the General Counsel’s memo discusses…
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An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster

In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher, covered employers must display the EEOC poster, which explains employee rights to be free from discrimination under federal laws, in…
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NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness

The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth Circuit’s decision in favor of the plaintiff-class student-athletes, held, among other things, that the NCAA had violated antitrust law through…
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