Jun
01

Mortgage Practices Continue to Be Scrutinized by the Courts

The mortgage industry continues to be a subject of heavy scrutiny in both the press and the courts. Some issues, such as the industry’s widespread failure to properly prove ownership prior to foreclosure and the marketing of subprime loans, have made national news. Others, such as lenders’ failure to pay recording fees when mortgages are… Continue reading »

Jun
01

Reviewing Your Purchase & Sale Agreement

The purchase of a new home is an exciting and stressful time for buyers. The buying of a new home may not only be the most significant and largest purchase most people will make, but it also involves the law of real property, which is unique and presents special problems. The legal issues that arise… Continue reading »

May
31

A Gallery is Selling Your Artwork: What to Know to Protect Your Rights

As a practicing artist, I know how exciting it is to find and secure gallery representation. As an attorney, I have represented artists whose consignment agreements with a gallery went sour, and so I am well aware of the possible pitfalls that may arise once this relationship has commenced. In Massachusetts, the artist is protected… Continue reading »

May
31

Business Succession Planning: Be Prepared

According to the Small Business Administration, approximately 90% of all businesses are closely held and family owned. However, of those, only 30% succeed into the next generation, and a mere 15% survive into a third generation. Why do 70% of family businesses fail to succeed into the next generation? The primary reason is that family… Continue reading »

Apr
19

Dad’s Law Part #4: Unmarked Police Cars

Recently, I saw this black unmarked car, with flashing headlights and an inside flashing light going speeding by on the highway. It was broad daylight, but it looked like a futuristic car. I have since come to learn it is a new form of the State Police Cruisers. Quite frankly, it was rather disconcerting. I started to think: Would… Continue reading »

Mar
18

Theatre of the Deal Revisited

Having recently attended the Exit Planning Exchange 2011 Summit at Babson College, I was delighted that several of the themes that I had espoused in my presentation of The Theatre of The Deal, during the inaugural Summit were emphasized. “The First thing that we must do is To Be or Not to Be—Prepared:” Be prepared,… Continue reading »

Mar
15

How “Fine” is Your Art?

17 USC section 106A is known as the Visual Artists Rights Act of 1990 (VARA). The statute provides as follows: (a) Rights of Attribution and Integrity.- Subject to section 107 [Ed. Note: the fair use section] and independent of the exclusive rights provided in section 106, the author of a work of visual art- (1)… Continue reading »

Feb
24

New Homestead Law is Welcome Change to Homeowners

On December 16, 2010, Senate Bill 2406, an Act Relative to the Estate of Homestead, was signed into law by Governor Deval Patrick. The new law which replaces the Commonwealth’s existing Homestead Law will take effect ninety days after it’s signing, March 16, 2011, and clarifies ambiguities present in the existing Homestead Law while taking… Continue reading »

Feb
24

Just Because You are a Guard, Does Not Mean You are a Point Guard!

Recently, I had a long-standing client call me to say that he did not need legal advice, but rather “counseling advice.” His call made me realize that a good attorney’s true value lies in not just knowing the law—all lawyers should know the law—but rather in being a listener and a mentor. How does an… Continue reading »

Feb
24

Mistaking Your Attorney for Your Hairdresser!

Please do not permit your attorney to cut your hair, and likewise, under no circumstances allow your hairdresser to be your attorney. In keeping with my theme of the many costs of divorce, not listening to your attorney can be extremely hazardous to your wallet and your case. Anticipated outcomes grounded in the experience of… Continue reading »

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