POSTED IN: Real Estate

The Massachusetts Nominee Trust- Some Thoughts

By Erica P. Bigelow on February 18, 2014

Almost every commercial property owner in the Commonwealth has encountered, if not personally used, a Massachusetts nominee trust - sometimes called a 'realty' trust. Often, new clients will tell me that an attorney (unidentified) told them to put their property in trust, or that they always put their properties into a trust.

Read the full article >

Investment Advisor Diligence Processes for Alternative Investments

By David Glod, Scott A. Stokes and Thomas H. Bilodeau, III on February 13, 2014

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) recently issued a Risk Alert relating to investment advisers’ due diligence processes in recommending or placing clients’ assets in alternative investments including hedge funds, private equity, venture capital, real estate, and funds of private funds.

Read the full article >

First Circuit Decision Increases ERISA Exposure for Private Equity Funds

By David Glod on January 28, 2014

The First Circuit issued a controversial decision last summer, holding for the first time that a private equity fund can be held jointly and severally liable for the unfunded pension obligations of its portfolio companies.

Read the full article >

POSTED IN: Real Estate

New Decision Impacts Landlord Remedies in Commercial Leases

By Libbie R. Howley and Howard L. Levin on December 6, 2013

This year’s decision by the Massachusetts Supreme Judicial Court in 275 Washington Street Corp. v. Hudson River International, LLC, 465 Mass. 16 (2013) held that there was no reason to expand the common law remedy applicable to a general indemnity clause.

Read the full article >

A Non-Solicitation Clause May Be Broader Than You Thought

By James T. Finnigan on November 18, 2013

Cases involving non-compete/non-solicit provisions in an employment contract are often settled after the preliminary injunction stage. Therefore, appellate court opinions involving such agreements are uncommon. However, the First Circuit recently issued an opinion in a case involving a non-solicitation covenant that offers some good news for employers.

Read the full article >