Bob Rosenthal recently provided pro bono counsel to the New England Innocence Project in securing a multi-year office lease.
News

Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway
The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway to run errands. Before reaching the street, he tumbled on ice, fracturing his fibula and dislocating his […]

Restaurants May Sell Alcoholic Beverages at Outdoor Table Service, With Approval
As of yesterday, June 8, 2020, Massachusetts restaurants have begun to reopen from the COVID-19 quarantine for outdoor, on-premise dining; a long awaited moment for restaurant owners and workers throughout the Commonwealth. The reopening brings questions for restaurants – particularly those holding on-premise liquor licenses – about operating procedure in a post-lockdown world. For example, […]

Will Liability Waivers Be Part of the ‘New Normal’ for Public-Facing Businesses?
As many Massachusetts businesses begin reopening to the public, one of the challenges they face is the threat of lawsuits from customers who claim to have contracted COVID-19 onsite. Should public-facing businesses ask customers to sign liability waivers to protect against COVID-19 lawsuits? The short answer is that requiring such a waiver probably is not […]

Massachusetts Construction Back up and Running, but COVID Concerns Linger
As public health measures slow the spread of COVID-19, the Commonwealth and its municipalities have begun to ease restrictions on commercial activity, including construction. But it’s far from business as usual on job sites. With a only few exceptions (discussed below), all construction stakeholders must adhere indefinitely to Governor Baker’s “Mandatory Safety Standards” while on […]

Massachusetts Supreme Judicial Court Strengthens Weapons Available to Defendant Landowners Facing Defective Claims Allegedly Involving Title to Real Estate
In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the motion, it must award the successful defendant the attorneys fees and costs incurred in defending the case. But […]

Lawyer Well-Being Week 2020 Resources
May is National Mental Health Awareness Month, and the first week of the month is Lawyers Well-Being Week. Especially now, with the added challenges of navigating law practice during the COVID-19 pandemic, lawyers need to take care of themselves so that they are better able to take care of their clients. To build overall well-being, […]

Notarization, Like Your Morning Commute, Is Now on the Long List of Things That Have Changed During the COVID-19 Pandemic
On Monday, Governor Baker signed a temporary measure into law allowing notaries to notarize documents by videoconference during the current state of emergency. This means that Massachusetts residents can—among other things—sign wills, name health care proxies, and buy and sell real estate, without leaving home. Because the new law also allows witnesses to observe a […]

Finally! Some Relief for Healthcare Providers Risking Their Lives to Respond to COVID-19
Across the country, hospitals and healthcare providers are facing an unprecedented surge of patients with COVID-19 symptoms while continuing to care for patients with other medical conditions. Responding adequately to the surge has required the federal and state governments to take some creative steps. In Massachusetts, this included easing licensing and credentialing restrictions to permit […]

July 15 Is Going to Be a Busy Day!
The IRS has previously postponed the due dates for income tax returns and payments and gift tax returns and payments, and has now issued Notice 2020-23, which expands deadline relief to other returns and payments. In general, many returns and payments that would have been due on or after April 1, 2020 and before July 15, 2020 are now […]
