Supreme Court ruling levels playing field for developers 
By:
David Frank
Published: July 30, 2013
Land use attorneys across the state are hailing a U.S. Supreme Court ruling that greatly reduces the amount of leverage municipalities can wield in granting developers permits.
A 5-4 majority in Koontz v. St. Johns River Water Management District held that the U.S. Constitution’s takings clause not only applies to cases in which a project is approved with “extortionate” conditions, but also to those denied when a developer refuses to agree to the coercive demands of the government.
Bankruptcy bar braces for new fee guidelines
By:
David Frank
Published: July 19, 2013
Bankruptcy practitioners are bracing themselves for a new set of guidelines that will drastically change the way their fee petitions are reviewed in large Chapter 11 cases.
Guardian ad litem blows whistle on overbilling by big banks
By:
David Frank
Published: July 17, 2013
Tags: attorney misconduct, charitable trust, estate administration, estate planning, guardian ad litem
When Warren M. Yanoff agreed to review the fees a bank charged to administer an Ashburnham, Mass., woman’s $5.5 million estate, he assumed it was a run-of-the-mill guardian ad litem appointment, much like others he has accepted over the years.
He could not have been more wrong.
Non-compete case bucks trend, results in trial
By:
David Frank
Published: January 22, 2013
Tags: non-compete, non-compete agreements
Boston attorney C. Max Perlman recently found himself doing something few litigators can claim they’ve done: He impaneled a jury in a non-compete trial.
Defamation case exposes social media controversy
By:
David Frank
Published: December 27, 2012
Tags: defamation, Facebook, First Amendment, Massachusetts, social media, Twitter, wrongful termination
A Massachusetts judge’s refusal to issue an injunction in a suit involving a car dealership allegedly defamed by the relatives of an ex-employee demonstrates the struggle for courts that are asked to strike a balance between the First Amendment and social media sites like Facebook and Twitter.
1st Circuit to take up DiMasi honest services appeal
By:
David Frank
Published: August 8, 2012
Tags: 1st Circuit, honest services fraud, Massachusetts
The stage is set for the 1st Circuit to hear the appeal of ailing former Massachusetts House Speaker Salvatore F. DiMasi and issue a ruling that promises to significantly impact honest services fraud prosecutions across the country.
1st Circuit: Class-wide arbitration claim OK
By:
David Frank
Published: July 6, 2012
Tags: arbitration, class actions, franchises
The 1st Circuit has held that an arbitrator, and not a judge, must decide if an arbitration agreement allows for a dispute to move forward individually or on a class-wide basis.
Bankruptcy bar takes aim at ‘unfair’ fee proposal
By:
David Frank
Published: June 28, 2012
Tags: billing, Chapter 11, Executive Office for U.S. Trustees, fees
A controversial fee proposal from the Executive Office for U.S. Trustees is receiving a cold reception from bankruptcy lawyers, with some even threatening to leave the practice if the policy is implemented.
Jury finds tavern not to blame for beating
By:
David Frank
Published: June 12, 2012
A Massachusetts jury has rejected plaintiff’s allegations that over-serving by a Gloucester-area bar, inadequate security and failure to call police were contributing causes in the beating of a gay man that occurred just outside the establishment.
Fatal fall into septic system results in $21.5M award
Published: June 1, 2012
Tags: Children, Massachusetts, septic system, wrongful death
A Quincy, Mass. attorney who has secured what is believed to be the state’s largest judgment for the death of a child is hoping that the eight-figure damage award in the case will prevent similar tragedies from occurring in the future.
Other publications that may be of interest:
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