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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 .