The concept of voluntarily restructuring solvent insurers has been met with some skepticism in the United States.  Sure novating and commutating policies of insolvent insurers have been, at times, necessary, but legally novating (replacing one insurer with another) policies of a solvent insurer? The purpose behind voluntarily restructuring is self-evident: to use otherwise tied-up capital...

PS&H employment partner, Alicia Samolis was asked by RI Lawyers Weekly to comment on the recent decision in Daquay v. General Dynamics Electric Boat Corporation, which hinged on the question of whether or not the plaintiff’s claim was time-barred. U.S. District Court Chief Judge William E. Smith found that a former employee of a federal contractor...

PS&H employment partner and Chair of the Labor & Employment Group, Alicia Samolis, provided comment to RI Lawyers Weekly on the recent 1st U.S. Circuit Court of Appeals decision in Carlson v. University of New England.  The Court’s decision reinstated a case involving claims of a retaliatory transfer of a professor following her complaints of sexual...

Building on our prior articles, there are many legal issues faced by early-stage companies. Business owners would be wise to address these important questions as they start-up and develop their business. What choice of entity is proper for your start-up company? For a new business, one of the key legal issues is how to structure...

Does your business service or repair property for customers? If yes, your next questions may be: What do I do with property if a customer abandons it and doesn’t pay me? How long must I hold unclaimed property for the owner’s benefit? What rights do I have to protect my interests? The answers to these...

PS&H employment partner, Alicia Samolis, was asked by Rhode Island Lawyers Weekly to comment on a recent decision by the 1st U.S. Circuit Court of Appeals in Caraballo-Caraballo v. Correctional Administration, et al.. The Court reversed the district court summary judgment and ruled that the plaintiff employee should be given the chance to show that her transfer...

Overview A new Massachusetts law, set to go into effect on July 1, 2018, could have major consequences for insurance agencies that have employees located in Massachusetts, regardless of location or primary state of organization. The Massachusetts Equal Pay Law requires employers to provide the same compensation to male and female employees who are based...

Over business objections, Rhode Island agency kept definition of household member intact Businesses worry the definition leaves law open to employee abuse State’s paid sick and safe leave law goes into effect July 1 Rhode Island businesses and trade groups seeking tweaks to the state’s new paid sick and safe leave law–particularly to the definition...

PS&H employment partner, Alicia Samolis, commented on a recent federal court decision McMahon v. Verizon New England, Inc., favoring an employer’s motion to terminate a union member employee who declined an alcohol test. The plaintiff claimed that the drug and alcohol testing provisions included in his union collective bargaining agreement preempts the RI state statute, allowing him to...

This article discusses the current construction cycle, “mature,” and, more specifically, some of the most crucial contracting terms for this cycle. We generally recognize four construction cycles; namely, rock bottom, burgeoning, mature and declining. Different construction cycles require different contract terms because each cycle presents its own benefits and challenges. For example, during the burgeoning...