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18 January 2024
By William M. Mandell, Esq., Hannah Schindler Spinelli, Esq., and Julie Niejadlik, Esq. January 16, 2024 The Corporate Transparency Act (“CTA”) is a new federal beneficial ownership information ("BOI") disclosure mandate starting in 2024. While establishing a large specific scope of exempted entities, the CTA does not exempt small professional practices, including medical and dental practices, that are owned and...
12 November 2021
By Hannah Schindler Spinelli and Scott M. Zanolli The 2018 enactment of the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L (the “Act”), changed the Massachusetts noncompete landscape by setting forth certain specific minimum conditions which must be included in any noncompete agreement in order for the agreement to be deemed valid and enforceable. One such requirement mandates that...
6 May 2019
By Robert R. Pierce Over the last five years, the firm has received many calls from business owners who have received negative reviews from customers, or in some cases, non-customers. “What should I do?” They ask. More often than not, my answer is to do nothing. When a customer gives a one-star review about the service rendered, it is simply...
1 August 2017
By Hannah S. Spinelli In a historic move, on May 10, 2017 The Women’s Golf Association of Massachusetts, Inc. (“WGAM”) and Massachusetts Golf Association, Inc. (“MGA”) signed a merger agreement turning the two non-profit organizations into one golf association effective January 1, 2018. The interests of both groups will be united and efforts combined to promote the game to all...
26 August 2016
by Thomas E. Kenney For copyright owners, a copyright registration provides substantial benefits. A copyright registration grants the owner the right to collect “statutory damages” against the infringer – ranging from $750 to $30,000 per violation. Additionally, a registrant may recover from the infringer the attorneys fees it incurred in prosecuting litigation against the infringer. Traditionally, copyright owners have been...
17 June 2016
Pierce & Mandell partner Tom Kenney, who chairs our Trademark and Copyright Practice Area, was recently quoted in a Boston Globe article on pending litigation between Boston’s The Commonwealth School and Springfield’s Commonwealth Academy. Tom discussed one of the cardinal principles of trademark protection and trademark litigation: who prevails is often determined by the extent to which the parties market...
19 January 2016
By Thomas E. Kenney There is an old adage in sports that sometimes a team wins even when it doesn't play. While the Redskins lost in the opening round of the playoffs, they recently scored a victory in their fight to retain their REDSKINS registered trademarks - in a court case in which they are not even a party. In...
17 July 2015
by Thomas E. Kenney U.S. trademark law is deeply rooted in Common law, but even after Congress enacted federal law prescribing trademark rights in 1870, those rights have been repeatedly tested and redefined. But trademark protection is a door that swings both ways, writes Pierce & Mandell attorney Thomas Kenney in a recent article which appeared in the July 2015...
27 May 2015
An article entitled “The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying” by Thomas E. Kenney recently appeared in the Spring 2015 edition of Massachusetts Bar Association’s Complex Commercial Litigation Section Newsletter.
9 April 2015
By: Curtis B. Dooling On April 8th, the Massachusetts Department of Public Health (“DPH”) announced extensive changes to the Medical Marijuana Dispensary Program, according to The Boston Globe and other media accounts. The changes, announced by DPH Commissioner Dr. Monica Bharel, follow what she described as a “top to bottom” review of an application process that has been plagued with...
6 March 2015
By Thomas E. Kenney Enjoying a rather modest return to the spotlight after spending years in the “where are they now” category, aging pop/soul duo Daryl Hall and John Oates is back to doing what famous people do – suing others. On Wednesday, Hall and Oates’ partnership, Whole Oats Enterprises, sued a Brooklyn based company, Early Bird Foods & Co.,...
26 March 2014
By: Scott M. Zanolli Pierce & Mandell, P.C. recently obtained a dismissal of a Massachusetts federal court trademark infringement case filed against Pierce & Mandell’s out-of-state client. The complaint alleged that CableSouth of Tennessee used plaintiff Media3 Technologies’ trademark on its website in violation of federal, state, and common-law. CableSouth, a cable and internet provider operating in a limited number...
18 March 2014
Michael C. Fee was quoted in the March 12 Lawyers Weekly article entitled: “Sales rep can sue for commissions despite expiration of written contract”. Click to enlarge
14 March 2013
By: Dennis M. Lindgren In an attempt to insulate themselves from the vagaries of unpredictable weather, companies typically (and wisely) carry various types of insurance, including but not limited to, polices to protect against property/building damage, inventory damage, equipment/vehicle damage, and business interruption. Nevertheless, the best laid plans of even the most prudent company can easily be thwarted by adjusters...
22 February 2013
By: Scott M. Zanolli A little known but nonetheless powerful division of the Massachusetts Office of Public Safety is the Massachusetts Architectural Access Board (“AAB”) whose mission it is to enforce regulations designed to make public buildings accessible to, functional for, and safe for use by persons with disabilities. The regulations, codified in the Code of Massachusetts Regulations as 521...
1 February 2013
By Thomas E. Kenney Sunday, of course, is the “Big Game”, or perhaps you prefer the “Professional Football Championship”. I will not use the term “Super B---“ – I do not want to receive a nasty letter from the NFL’s trademark law firm. That name is reserved for the use of the league and its “corporate partners”. Putting aside the...
16 January 2013
By: Kate Auerbach The Annual List of Corporations Subject to Taxation in Massachusetts (the “List”) is used to determine which entities or corporations are entitled to certain types of local property tax exemptions. In the past, any entity seeking to be included on the List had to file a one time application and, once granted, the classification and tax exemptions...
18 December 2012
In practice sale documents one thing is certain: precision matters. In a recent case, In re Quincy Medical Center, Inc.1, the Massachusetts Bankruptcy Court rejected a boilerplate provision in an Asset Purchase Agreement (“APA”) explicitly denying rights to third party beneficiaries in favor of a more precise, albeit conflicting, provision bestowing benefits upon a third party class. This case involved...