2005 Articles

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Death Without the Estate Tax?

  • Hyman G. Darling, Esq. • 2005-12-16
  • Although Congress has often discussed the elimination of an estate tax, it has yet to do so. When George W. Bush was elected President (the first time), part of his ...

United Way is there to help

  • Michael B. Katz, Esquire • 2005-12-08
  • Since the founding of our law firm in 1895, we have believed in supporting the health and welfare of our community. More than 100 years ago, George Bacon was a ...

Identifying the Perfect Location - Many Factors Go into the Process of Choosing a Site for Your Business

  • Julie A. Dialessi-Lafley, Esq. • 2005-12-05
  • How many times have we heard the chant of "location, location, location?" Certainly, too many to count. For each business owner it means something different. For one, the concern may ...

When It's All Going to the Dogs - Planning Estates with Pets

  • Gina M. Barry, Esquire • 2005-12-01
  • Some people consider their animals to be members of their family. Other people have made a career out of breeding, raising and/or sheltering animals. When these individuals pass away, if ...

Combating the Physician Shortage - Physician-recruiting Programs Must Be Properly Developed - And Managed

  • Gary L. Fialky, Esquire and Martin C. Dunn, Esquire • 2005-12-01
  • Almost anyone who has sought medical services in Western Massachusetts lately can attest in many instances to waiting months for even the most routine appointments. While this can, to a ...

Employment at Will - A Workplace Reality - Few People Comprehend the Meaning of Their Work Status

  • Adam J. Basch, Esq. • 2005-11-28
  • Most people never hear the term "employment at will," at least until they have been terminated from their employment for "no reason." However, they will hear it over and over ...

A Will and A Way

  • Todd A. McGee, Esquire • 2005-10-28
  • One of the most important estate planning documents you should have in your possession is a Last Will and Testament. In today's world of joint ownership, trust documents and deeds ...

Five Steps to Follow On the Path of Long Term Care Planning

  • Julie A. Dialessi-Lafley, Esq. • 2005-10-17
  • Often times when families are faced with the need for long term care in a nursing home facility, they are overwhelmed by the decisions necessary to protect their loved ones ...

Choose Your Entity

  • Justin H. Dion, Esquire • 2005-10-05
  • Once a health care practitioner has made the decision to go into business, a careful analysis must be performed to decide the best business entity to fit his or her ...

Financing: It's Not All About Interest Rates - There Are Many Factors that Determine if a Loan Package Works for You

  • Gary L. Fialky, Esquire • 2005-10-05
  • Obtaining a commercial loan from a financial institution can be complicated, and it requires substantial consideration. A bank traditionally proposes terms that are necessarily protective of its own best interests, ...

Eminent Domain - Ruling Blurs the Line Between Public Use and Private Economic Development

  • Todd C. Ratner, Esquire • 2005-10-05
  • In June of this year, the U.S. Supreme Court, in a 5-4 ruling, granted cities and towns the right to take private property to promote private economic development projects even ...

Real Estate Buyer Beware - What You Don't Ask May Come Back to Haunt You

  • Todd C. Ratner, Esquire • 2005-10-05
  • When purchasing property, most buyers consider such things as the neighborhood, school system and the fair market value of the property. However, how many consider whether or not a felonious ...

Don't Be a D/B/A - A Litigator's Warning to the Unincorporated Health Care Practitioner

  • Adam J. Basch, Esq. • 2005-08-22
  • What is as foolish as a person who has emphysema and smokes or a person who rides in a car without a seat belt? Give up? Some of you are ...

Health Community Based Services - Understanding The Qualifications And Requirements Of The Many Available Options

  • Brett A. Kaufman, Esq. • 2005-06-28
  • The national public health insurance coverage for individuals age 65 and over is called Medicaid. Massachusetts has its own public health insurance coverage for residents in the Commonwealth called MassHealth. ...

Caught in the Web? Beware Your Email Becoming A Binding Contract

  • Todd C. Ratner, Esquire • 2005-06-03
  • Email is a method for exchanging text-messages and for sending other types of computer files over the internet. The primary benefits of email over traditional hard copy correspondence are speed, ...

Buying a Restaurant? - Prior Due-Diligence Will Facilitate the Deal

  • Mark A. Tanner, Esq. • 2005-05-27
  • Purchasing an existing restaurant is an exciting undertaking. However, with failure rates for independent restaurants as high as 26% in the first year of operation and 59% after three years, ...

Chapter and Verse - New Bankruptcy Law Changes the Rules of the Road

  • Michael B. Katz, Esquire • 2005-05-27
  • On April 20, 2005, President George W. Bush signed a new bankruptcy law with the official title of "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005." Approved by ...

Corporate America's Glass Ceiling - Discrimination with Regard to Pay and Promotions Affects An Entire Family

  • Michelle M. Begley, Esquire • 2005-04-26
  • Equal pay for women has been the law since 1963, but today, 42 years later, women in corporate America are still suffering from a huge gap in pay and promotions. ...

An Ounce Of Prevention - A Simple Estate Plan is Only Four Important Legal Documents Away

  • Gina M. Barry, Esquire • 2005-04-25
  • When it comes to estate planning, the old adage is true. An ounce of prevention is worth a pound of cure. Many people believe that they do not have enough ...

Fear and Loathing of the Punch List - Organization and Preparation Can Help Avoid Costly Disputes

  • Adam J. Basch, Esq. • 2005-04-04
  • Anyone who has undertaken the construction or renovation of his or her commercial space has encountered a document called the punch list. A punch list is simply a list of ...

Class Action Reform - Will You Be Affected?

  • Mark A. Tanner, Esq. • 2005-04-04
  • On February 18, 2005, President Bush signed the "Class Action Fairness Act of 2005" (CAFA) into law. This law allows defendants to remove most class action lawsuits, filed after February ...

Collaborative Law - Alternative Dispute Strategy Is a Dignified Alternative to Litigation

  • Michelle M. Begley, Esquire • 2005-03-15
  • Everyone knows that America is the world's most litigious society. Conflict in family and business is inevitable. Issues such as employee terminations, business partnerships going through breakups, and couples' marriages ...

Lien and Mean - How To Protect Your Property During a Construction Project

  • Adam J. Basch, Esq. • 2005-01-26
  • It should come as no surprise that if you hire a contractor to make improvements to your property, and you fail to pay him or her, the contractor has a ...

The Special Needs Trust - This Legal Planning Tool Can Help Protect the Financial Future For a Disabled Child

  • Brett A. Kaufman, Esq. • 2005-01-26
  • Planning for your disabled child's financial future will protect his or her financial security and eliminate the emotional strain placed on family members left with the responsibility to care for ...

The Ins and Outs of Personal Guarantees

  • Adam J. Basch, Esq. • 2005-01-25
  • The old saying, "where you sit is where you stand" is especially applicable in the situation of personal guarantees. At different points in time, most business owners will both be .