Massachusetts General Laws Chapter 209A, § 1 provides that a person who believes he/she is a victim of abuse may seek a restraining order — in the Superior, District, Probate or Municipal Courts — which prohibits the alleged abuser from coming into contact with the victim. A violation of the restraining order can be grounds… Continue reading »
Aug
29
Media & Entertainment: Copyright, Fair Use and the New Media Artist
It was once the case that the only way for a film-maker to have his or her work viewed by a large audience was to have it picked up by a film or television distribution company. With the advent of online video hosting services like YouTube, artists, professional and amateur alike, are now able to… Continue reading »
Aug
28
Insurance Defense: Who is Watching Out for Your Interests?
Suppose the unthinkable occurs and you or your business is involved in a serious accident and are sued. Fortunately, you have liability insurance and the insurance company agrees to cover and defend the case. Problem solved, right? Maybe not. While many people believe that the attorney appointed by the insurance company to defend the case… Continue reading »
Aug
28
Probate: Sweeping Changes to Guardianship Law
Article V of the newly adopted Massachusetts Uniform Probate Code (the “Probate Code”) enacts long overdue changes intended to modernize the guardianship and conservatorship laws in Massachusetts. Effective July 1, 2009, the Probate Code seeks to protect the individual’s fundamental rights and minimize government intrusions imposed by the Probate Court when court involvement is necessary.… Continue reading »
Aug
28
Student Rights on the College Campus
For the past two years, I have taught an introductory law course at Brandeis University. Each semester, I invite the students to submit legal questions they would like to discuss. Overwhelmingly, the questions that I am asked most often relate to students’ rights on campus: When can campus police enter my room? Can I refuse… Continue reading »
Aug
26
The Role of a General Counsel as a Specialist
Today’s legal community is rampant with specialists. Specialization, however, has left many businesses without a true General Counsel. That is, without a generalist able to serve as a trusted advisor with business savvy, strategy and experience, provide knowledgeable interpretations of regulations and statutes, and act as a risk assessment expert. An effective General Counsel realizes… Continue reading »
May
06
Dad Law: I Cannot Believe They’re Adults! (Part 1)
With my oldest daughter now 18 and preparing to go off to college this fall, I suddenly realized that, difficult though it may be for me to comprehend, legally she is an adult. In the Commonwealth of Massachusetts, once a person attains the age of 18, he or she is considered an adult. M.G.L. ch.… Continue reading »
May
06
When and How to Change Your Will
Many people assume it is easy to change their Will; just take out a pen and make the changes you want then file it away for safe keeping. But in reality, a Will may be changed or revoked only by following specific procedures. These are generally best done with the assistance of an attorney. Massachusetts… Continue reading »
May
05
Understanding Chapter 93A’s “Fair Dealing”
While its protection of consumers is well known to most Massachusetts businesses, Massachusetts General Laws Chapter 93A also prohibits businesses from engaging in unfair and deceptive business practices in their dealings with other businesses. The potential reach of Chapter 93A in this area is broad since, to constitute a violation of the statute, the conduct… Continue reading »