For Decades corporations have incorporated mandatory arbitration provisions into contracts in an effort to control litigation expense and uncertainty and to secure the adjudication of disputes in the forum of their choosing. Reliance on contractual arbitration provisions to obtain these outcomes in cases which involve claims directly against employees may be unwise as a result...
PS&H partner Drew Colby, who co-chairs the firm’s Construction Group, was quoted by Law360 in an article discussing what construction attorneys need to know about the use of drones on construction projects, in light of the fact that regulations haven’t yet caught up with how the technology is being used. Invasion of privacy continues to...
ArticlesLitigation & DisputesViewpoint: Five Construction Clauses To Avoid Litigation
January 3, 2019
The construction industry experiences some of the highest incidences of litigation. Here are the contractual clauses most often involved in disputes and suggested variations that could help avoid the headaches and costs of litigation. Delay Claims Delay claims arise when one or more parties delay the project schedule. Delay damages are frequently catastrophic. For example,...
ArticlesNonprofitNonprofits Need Plan To Manage Deferred Giving
December 21, 2018
PS&H attorney Elizabeth Manchester was interviewed by Providence Business News for an article that explores what nonprofits need to consider when accepting deferred gifts, and why it is important for institutions to market planned gifts. Elizabeth pointed out that although estate gifts are made with the best intentions, gifts can create unintended complications for the institution. In her...
ArticlesOnce Again, Lawyers Go Above And Beyond In ’18
December 20, 2018
PS&H attorney René Moniz was featured in the Massachusetts Lawyers Weekly year-end review highlighting attorneys who gave back to their communities last year. René was recognized for her efforts to secure $175,000 in Community Preservation Act funding and lead the revitalization of the Philip E. Lukey Community Park in Wareham, Massachusetts. Lukey Park was rededicated...
ArticlesLitigation & DisputesRelevancy Dictates Denial of Discovery Protection Orders
December 13, 2018
PS&H litigation partner Jeff Gladstone was interviewed by Rhode Island Lawyers Weekly for a feature on his recent procedural win in the ongoing case of Taylor v. Scott Motors, Inc. In a decision that could have far-reaching impact on discovery issues, Judge Brian P. Stern declined the defendant’s motion to shield certain information from discovery,...
ArticlesReal EstateWhat Are a Commercial Tenant’s Rights If a Landlord Fails to Maintain the Leased Premises?
November 30, 2018
Across the country states have enacted laws protecting tenant rights under residential leases. Unfortunately, commercial tenants generally do not enjoy the same protections and rights as residential tenants. Unless specifically negotiated in a commercial lease, standard residential tenant protections such as the implied warranty of habitability and a landlord’s duty to re-let are not commonly...
ArticlesLegislative Gridlock Anticipated to Impact Regulatory Relief for Banking Industry
November 11, 2018
PS&H partner Chris Currier, Chair of the Commercial Lending Practice Group, provided comment to Banker & Tradesman on the anticipated gridlock following the 2018 mid-term elections. Chris provided the legal perspective and Jon Skarin, executive vice president at the Massachusetts Bankers Association, shared their concerns that while regulatory relief for the banking industry would likely be limited,...
ArticlesVoluntary Restructuring – Opportunities for RI
November 1, 2018
Rhode Island has a window of opportunity to take the national lead in the insurance industry with voluntary restructuring of solvent insurers. Due to attempts by other states and state regulators to leapfrog Rhode Island, however, that window is in danger of closing. Voluntary restructuring of solvent insurers is not a new concept, at least...
ArticlesCorporate & BusinessNew Massachusetts Law Limits Use of Noncompetition Agreements
October 26, 2018
On August 10, 2018, Massachusetts Governor Charlie Baker signed into law an act relative to the judicial enforcement of noncompetition agreements that fundamentally changes the way those agreements are regulated in Massachusetts. The act applies to all noncompetition agreements entered into after October 1, 2018, so all employers that have Massachusetts-based employees who are subject...
