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NLRB: ‘Black Lives Matter’ insignia allowed

Home Depot storefront

The NLRB has issued a decision in Home Depot USA, Inc., holding that an employer violated the National Labor Relations Act when it discharged an employee for refusing to remove the hand-drawn letters “BLM” — the acronym for “Black Lives Matter” — ...

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Clarifying the undue hardship standard in response to requests for reasonable accommodation

Empty office

A post-COVID tug-of-war is playing out between employers calling workers back to the office and employees who want to work from home. Among other reasons, employers focus on the importance of in-person collaboration, mentoring, and performance monitoring. On the other ...

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Your clients are using AI, you need to be ready

Artificial intelligence

Since the launch of ChatGPT on November 30, 2022, the reactions of lawyers to artificial intelligence have varied from scorn and denial to fear. Lawyers have famously gotten into trouble for failing to double check citations generated by artificial intelligence.  ...

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Borrower beware: early construction and mechanic’s lien coverage

Construction zone

Construction loans are different from other mortgage loans in that the construction lender makes advances of loan funds to the borrower as work is completed in multiple (typically monthly) draws over the course of the loan term, rather than making ...

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Commercial real estate equity investing

Commercial real estate

In the commercial real estate world, raising equity for real estate investment and deploying the private equity model of investing have been increasingly commonplace.  Before the stock market crash of 1987, bank underwriting standards were far looser than today, with ...

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Massachusetts courts reticent to find ‘true deadlock’ when applying ‘Koshy’ framework to shareholder disputes in private companies

Charles M. Waters

For years, courts in all jurisdictions across the United States wrestled with what constitutes a “deadlock” for a privately-held company, but without attempting to fashion an overall framework for evaluating claims of deadlock. That changed with the Massachusetts Supreme Judicial ...

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There’s a reason we are called ‘counsel’: lessons learned at mediation

Reaching agreement

We go by many names: lawyer, attorney, litigator, counselor, advocate – and these labels are often used interchangeably. We are taught to advocate zealously for our clients. In fact, we are obligated to do so. In the litigation setting, many ...

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Get ready! The Corporate Transparency Act is coming

U.S. Capitol building

On January 1, 2024, the reporting requirements under the Corporate Transparency Act (“CTA”) will take effect, requiring most US private companies to file and update information about the individuals who own and control them. The CTA, enacted in 2021, requires ...

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Walmart pregnancy accommodation case may push Congress to act

Last month the 7th U.S. Circuit Court of Appeals issued a decision holding that Walmart’s policy of refusing to provide light duty assignments to pregnant workers did not violate current law. In the case, the Equal Employment Opportunity Commission (EEOC) ...

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Supreme Court limits U.S. discovery in foreign arbitration proceedings

Not all this summer’s United States Supreme Court decisions were controversial. In a decision that is probably only meaningful to litigation lawyers, the Supreme Court unanimously ruled that foreign, private arbitration disputes do not have access to United States federal ...

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