Highlights of the SEC Forum on Small Business Capital Formation

By Thomas H. Bilodeau, III on January 26, 2017

The 35th Annual Securities and Exchange Commission Government-Business Forum on Small Business Capital Formation was held on November 17, 2016 at SEC Headquarters in Washington, D.C. A panel of learned practitioners and securities law experts held a discussion on the state of the union of small business capital formation moderated by the Director of the SEC Division of Corporation Finance and the Chief of the Office of Office of Small Business Policy SEC Division of Corporation Finance. The then current SEC Commissioners also were in attendance.

Read the full article >

The Importance of Retaining Specialized Local Counsel for Real Estate Transactions

By Danielle Justo and Sarah M. Wegman on January 3, 2017

It is incredibly common for out-of-state attorneys (and even local attorneys with limited real estate experience) to conclude transactions which create or exacerbate serious title defects, which the attorney and her clients mistakenly believe, often for many years, have been properly performed. There are several reasons for this, but the most common is the quagmire of the dual-recording system in Massachusetts.

Read the full article >

New Minimum Wage Requirement to Take Effect on January 1, 2017

By J. Allen Holland and Atakelti Desta on December 19, 2016

The Massachusetts minimum-wage rises from $10 per hour to $11 per hour on January 1. Even those employers who do not normally hire lower wage or hourly employees should be aware of this change.

Read the full article >

Employers: Revise Your Confidentiality Agreements and Releases

By Frank N. Gaeta on December 1, 2016

In light of the federal Defend Trade Secrets Act of 2016 (“DTSA”), along with recent decisions and other guidance from various federal agencies, companies should carve out exceptions from their confidentiality agreements and any agreements containing a release of claims (such as employment separation agreements). The exceptions are generally intended to allow employees to engage in protected “whistleblower” activity.

Read the full article >

DPU Sets Interim Guidelines for Investigations Regarding Competitive Energy Suppliers

By Atakelti Desta and Eric J. Krathwohl on November 29, 2016

Massachusetts has allowed customers to choose among retail suppliers of electricity for about two decades. Until recently, however, retail choice was a reality only for larger commercial and industrial customers. In the past couple years, residential customers have begun to enjoy the fruits of retail choice. Such fruit however sometimes includes a bad apple. Massachusetts, along with neighboring states has initiated proceedings to review complaints against competitive energy suppliers and has imposed fines in certain cases. Recently, the Massachusetts Department of Public Utilities (the “DPU”) proposed Interim Guidelines that establish clear enforcement procedures to be applied in such reviews, with the intent that they eventually be codified in final regulations applicable to competitive suppliers of both electricity and natural gas.

Read the full article >