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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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Business community wielding its influence over LGBTQ rights

Companies are throwing their weight behind LGBTQ causes. Nearly 500 companies — including Deloitte, Pfizer, Molson Coors, Nestlé, and Amazon — have signed on in support of the Equality Act. In February 2021, the House of Representatives passed the Equality ...

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Hospital workers lose bid to enjoin vaccine mandate

A federal judge denied a request by several employees at the largest hospital system in Massachusetts for an injunction to block the company from placing them on unpaid leave for violating the system’s COVID-19 vaccine mandate. But the judge on ...

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How employers can proceed now that a vaccine has full FDA approval

Now that the FDA has removed the Emergency Use Authorization (EUA) and fully approved the Pfizer COVID-19 vaccine, the risk of legal exposure diminishes by the day. That begs questions: What do employers need to know about this recent development? ...

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