By: Howard S. Goldman, Esq. According to a study conducted by the Governor’s Alternative Dispute Resolution Working Group, 97% of all cases settle without a trial. Nevertheless, experienced litigators know that much effort is required to develop a case to the point where settlement can be reached. This article focuses on the essential considerations in business litigation and some effective tools to encourage speedy resolutions.

Electronic technology has been growing leaps and bounds, making many areas of our lives much more productive and efficient. Twenty years ago we never could have imagined the widespread use of  emails, IPODS, DVDs, or search engines that are being used today. Our children cannot imagine life without these conveniences.

  I. Introduction A mechanic’s lien is a statutorily created lien against real property, the purpose of which is to secure a person’s right to payment for services rendered and materials supplies in connection with the improvement of real estate.  The creation, perfection and enforcement of mechanic’s liens are governed in Massachusetts by M.G.L. c. 254.  The mechanic’s lien permits contractors, laborers, and suppliers to recover the cost of improvements made to real estate through a foreclosure sale. However, strict compliance

Some people think that estate planning is only for wealthy individuals subject to large taxes.  But minimizing estate tax liability is only one reason for estate planning.  Consider these six additional reasons for completing an estate plan:

A number of our clients are businessmen or companies who provide services for another on a structure or building to another, often under a contractor agreement or a subcontractor agreement.  Again and again we are faced with varying cases of nonpayment.  In order to recover payments owed for services provided, we are faced with a number of solutions, some of which prove more fruitful than others.  One such solution is to file a Mechanic’s Lien.

  In Barrasso v. Hillview West Condominium, 74 Mass. App. Ct. 135 (2009), the Appeals Court held when snow is compacted by a plow it is not a “natural accumulation” within the meaning of relevant case law or under any “reasonable interpretation” of the words, and therefore a Condominium is responsible for the plaintiff’s injuries.

New rules recently published by the U.S. Department of Labor have created new criteria for payment of wages, including overtime pay, to employees based upon the type and quality of work performed.  Employees fall into two categories under the act, exempt employees and non-exempt employees, and there are three basic tests to determine whether an employee is exempt from the over-time requirements of the act.  These tests are the:

As recently reported in Massachusetts Lawyers Weekly, the Massachusetts Superior Court recently held in the case of Malonson v. Arsenault that an apartment guest, who was injured on the premises, could sue the landlord under Chapter 93A, which is the Commonwealth’s Consumer Protection Statute.

Boston Business Journal – May 19, 2006 by Howard S. Goldman Massachusetts has a chronic shortage of low- and moderate-income housing. In 1969, the Legislature sought to help remedy this housing shortage by enacting the Anti-Snob Zoning Act, often referred to as Chapter 40B. Chapter 40B presents an opportunity for developers to prosper from residential development with a fair return on their investment. However, a developer’s chance of success — and profitability — can be greatly enhanced by taking steps that