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In one of the first appellate cases where the plaintiff claims to have been harassed by the defendantâs use of a drone, the Appeals Court has held that drone use and videotaping of property, while ânettlesomeâ and perhaps âdisruptive,â could not justify the issuance of a harassment prevention order under G.L. c. 258E. The case, F.W.T. v. F.T., 2017-P-790, clarifies that typical drone use, such as flying it over anotherâs property and videotaping property is an insufficient legal basis to obtain a harassment prevention order. In vacating the Trial Court order against the defendant, the Appeals Court left open the question whether a drone could be used in a more intrusive manner that would satisfy the statutory requirements. The standard used to evaluate applications for harassment orders under c. 258E is well established under Massachusetts law. The plaintiff must demonstrate by a preponderance of the evidence that the defendant committed…
In the Boston Bar Journalâs Summer 2017 (Volume 61, Number 3) issue, Sugarman Rogers attorney Kate R. Cook and Hemenway and Barnes attorney Patrick Moore take a look at Executive Orders in their Legal Analysis entitled "Executive Order: Strike of a Pen, Law of the Land?" An excerpt: The President of the United States and the Governor of Massachusetts have the implied power to issue executive orders that, in certain contexts, will have the force of law. Focusing on the federal system and the Massachusetts state system, this article will address the concept of the executive order, how it has changed over time, and why executive orders are used to further wide-ranging policy goals. The article will also address the judicial scrutiny of executive orders, including, in particular, whether they are owed any deference or presumption of lawfulness. Read the full article here, or contact Kate R. Cook (cook@sugarmanrogers.com) for more information.
Sugarman Rogers partners Anthony M. Doniger, Lisa C. Goodheart and C. Dylan Sanders have been recognized by Chambers USA 2020. Doniger received a top âband 1â ranking for his High Net Worth success in the area of family law. Goodheart received a top âband 1â ranking for her work in Environmental Law as well as a âband 2â ranking in the area of General Commercial Litigation. Sanders received a âband 3â ranking in the area of Environmental Law. Chambers USA described Anthony M. Doniger as âa notable litigator who regularly handles sophisticated matrimonial matters, including divorces.â A peer stated that Doniger âis someone we have traditionally referred clients to a lot of the time. He's really well respected in the Boston community." Lisa C. Goodheart âhas a first-class environmental practice and frequently counsels clients on high-profile disputesâ according to Goodheartâs Chambers USA review. One peer commented that Goodheart is âthe…
A federal judge has ruled in favor of an energy company that seeks to build a natural-gas compressor station in Weymouth, Massachusetts as part of an interstate pipeline construction project. The ruling, in Algonquin Gas Transmission, LLC v. Weymouth Conservation Commission, concluded that a ruling by the Weymouth conservation commission blocking the station under a local wetlands-protection ordinance conflicted with the exclusive authority of the Federal Energy Regulatory Commission and was therefore preempted. This ruling is an important development in an increasingly hard-fought area of litigation over expansion of natural-gas pipelines in the Northeast and nationally. The Weymouth compressor station at issue in the case was proposed by Algonquin Gas Transmission, LLC, a recently acquired subsidiary of Enbridge, Inc., as part of its âAtlantic Bridge Project,â a plan to expand natural-gas pipelines and related facilities serving the Northeast and Canada. (Enbridgeâs marketing page for the Atlantic Bridge Project is here.)…
Sugarman Rogers partners Lisa Goodheart and Dylan Sanders have been recognized by Chambers USA 2019. Lisa received a top âBand 1â ranking for her work in Environmental Law as well as a âBand 2â ranking in the area of General Commercial Litigation. Dylan received a âBand 3â ranking in the area of Environmental Law. âHailed as an âoutstanding environmental litigator,â Lisa Goodheart has an impeccable record serving clients on complex land use and environmental matters. A peer reports: âShe is a terrific environmental litigator; she is very expert in this area, a strong advocate and just a pleasure to work with,ââ reported Chambers USA. In the area of general commercial litigation, Chambers USA stated that âLisa Goodheart is highly sought after for her prowess in contested real estate, energy and commercial matters. Sources praise her âtremendous gravitasâ and say: âShe always does a great job with her case.ââ Additionally, Chambers…
In a case with significant implications for the management of the stateâs shellfish industry, the Massachusetts Appeals Court has ruled that local conservation commissions, acting under their authority from the state Wetlands Protection Act (WPA), may regulate hydraulic dredging for sea clamsâeven where doing so impinges on rights otherwise granted to fishermen under state permits from the Department of Marine Fisheries (DMF). In Aqua King Fishery v. Conservation Commission of Provincetown (June 16, 2024), the Appeals Court struck down a Provincetown bylaw that regulated hydraulic dredging, after finding the bylaw inconsistent with state law. But the Court also held, in a significant win for local jurisdictions, that Provincetown could regulate hydraulic dredging for sea clams in shallow waters in its capacity as the local enforcement authority under the state Wetlands Protection Act. Hydraulic dredging is a method for harvesting clams from the ocean floor. It uses high-pressure jets of water…
As the nation absorbs the tremendous scale of the damage caused by Hurricanes Harvey and Irma, a federal judge in Massachusetts this week kept alive a lawsuit charging that ExxonMobil has failed to adequately prepare an oil terminal in Everett Massachusetts to withstand storm surges, heavy rainfall and flooding. These are all effects that scientists warn will worsen and intensify with climate change. The succinct order, in Conservation Law Foundation v. ExxonMobil Corporation, permits CLF to seek a remedy against ExxonMobil for harms in what the court refers to as the ânear future,â while barring litigation now over harm that may occur âfar in the future.â The decision begs the question: Just what harms from climate change are sufficiently imminent to warrant granting judicial relief to litigants, and which are those that are âfar in the future,â such that the courts should find that plaintiffs lack standing to sue? The…
The First Circuitâs recent decision in Full Spectrum Software, Inc. v. Forte Automation Systems, Inc., 858 F.3d 666 (June 2, 2024) addressed two important issues for parties engaged in the negotiation of commercial contracts in Massachusetts. The court upheld a jury verdict awarding nearly $500,000 in actual and punitive damages under Massachusetts General Laws chapter 93A against a software-development company in what began as a billing dispute with another developer. In affirming the verdict, the First Circuit held that even in dealings between such sophisticated business entities, the defendant was properly found liable for acting unfairly or deceptively, in violation of chapter 93A, when it âstrung alongâ the other party by delaying the signing of a contract. The court also held that the trial judge properly permitted a jury to decide the defendantâs liability under chapter 93A, notwithstanding the defendantâs objection and uncertainty as to whether a plaintiff has a…
On April 13, 2018, the Massachusetts Supreme Judicial Court ruled that the state Attorney General can proceed with her investigation into whether Exxon Mobil Corporation (âExxonMobilâ) violated the state consumer protection law (G. L. c. 93A) by concealing its knowledge about whether and how fossil fuel emissions contribute to global warming and climate change. Unless the U.S. Supreme Court intervenes, as a result of the SJCâs decision in Exxon Mobil Corp. v. Attorney General ExxonMobil will now be required to disclose reports, communications, and other materials concerning the companyâs understanding of climate change risks, its potential failure to inform the public about those risks, and its efforts âto undermine the evidence of climate change altogether, in order to preserve its value as a company.â The events leading up to this case began in April 2016, when the Attorney General served a civil investigative demand (C.I.D.) seeking a wide range of…
The Massachusetts Appeals Court has confirmed that private parties may not use litigation to seek enforcement of âpublic trust rightsâ in tidelands governed by M.G.L. c. 91 (âChapter 91â) outside of the Chapter 91 licensing program. In its July 10, 2024 decision in Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, the Appeals Court rejected a landownerâs claims that certain legal and contractual restrictions that had been placed upon its use of its waterfront marina property violated the public trust doctrine because they limited the publicâs access to that property. At issue in this case was Boston Boat Basinâs marina on the seaward side of Commercial Wharf in Boston Harbor. The marina is accessible to the public only by way of an easement over the Commercial Wharf East Condominium Associationâs (âCWCAâ) propertyâwhich encompasses the landward portion of the wharf. The party that owned the land prior to Boston…
Lisa C. Goodheart has been inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony took place on September 29, 2018, at the 2018 Annual Meeting of the College, which was held in New Orleans, Louisiana, and attended by over 1,000 people. Lisaâs litigation practice spans a broad range of complex environmental, energy, land use, real estate, insurance, and business matters. On behalf of private and public sector clients, she has practiced for more than 30 years in state and federal courts at both the trial and appellate levels. Lisa chairs the Environmental and Energy Law and Real Estate Litigation Practice Groups at Sugarman Rogers, and has been consistently recognized by The Best Lawyers in America, Chambers USA, Whoâs Who Legal, and Super Lawyers. She is a past President of the Boston Bar Association and has served…
The firm offers a variety of access points for remote access to resources. The preferred methods are either using your firm-issued laptop, or the remote desktop service, as these provide a more complete remote working experience. Individual services are accessible directly as well, and links have been provided below. VPN (for laptop users) Remote Desktop (remote access to virtual desktop) https://remote.srbc.com Outlook Web Access (email) https://outlook.com/sugarmanrogers.com Mimecast Personal Portal (manage messages on hold and backup access to recent mail in the event of a Microsoft outage) https://webmail-us.mimecast.com/ NetDocuments (document management system) https://vault.netvoyage.com/ Rippe LMS+ (time & billing) https://sugarmanrogers.rippe.com/ iTimeKeep (time entry) https://services.bellefieldcloud.com/newdesktop/#/login Rippe LMSV (for admin/billing) https://lms.rippecloud.com/rdweb Nextpoint (litigation support/document review and productions) https://sugarman-rogers-barshak-cohen.nextpoint.com/login LoopUp (conference calls) https://account.loopup.com/
Two federal appeals courts have recently issued opinions in key social engineering fraud coverage cases, in both instances finding that the policies in question provided coverage for the insuredsâ losses. The decisions stand in contrast to certain earlier cases, including one from the Fifth Circuit, in which no coverage was found for similar types of scams. In American Tooling Center v. Travelers Cas. & Sur. Co. of America, 2018 WL 3404708 (6th Cir., July 13, 2024), the Sixth Circuit reviewed whether there was âcomputer fraudâ coverage for a spoofed e-mail scheme in which thieves impersonated one of the insuredâs overseas vendors in order to divert vendor payments. The insured, a tool and die manufacturer, outsourced some of its work to a Chinese company, which periodically invoiced the insured via e-mail. Cybercriminals were able to intercept e-mails between the insured and the vendor and began to e-mail the insured, posing as…
(This article originally appeared on the Boston Bar Association website. Reprinted here with permission.) The Boston Bar Association will honor Edward Barshak with its Lifetime Achievement Award on September 12 at the 2014 Annual Meeting Luncheon. A leader isnât always the first one to speak up. A true leader exhibits command of speech so that when they do speak, their words carry weight. As we interviewed Bostonâs most respected advocates and citizens for this profile, one phrase resonated among countless sound bites. âWhen Barshak speaks, everybody listens.â From Fitchburgâs Finest to One of Bostonâs Best When he joined Mapplebeck, Alberts & Sugarman in 1957, Fitchburg native Edward J. Barshak had already carved out a reputation as one of Bostonâs most promising trial attorneys. As the fifth attorney at what would later become Sugarman, Rogers, Barshak & Cohen, Ed set to work building what would soon become Bostonâs top tier civil…
Chambers USA: Americaâs Leading Lawyers for Business 2014 has recognized Sugarman Rogers partners Lisa Goodheart and Jean Musiker as leaders in their fields. In the 2014 directory, Lisa is described as âabsolutely one of the top environmental litigatorsâ and is recognized in the areas of Environmental Law (Band 1) and General Commercial Litigation (Band 3). Jean is named a leader in Labor & Employment (Band 4) and is regarded by her clients as âthe ace in the hole.â Chambers USA is an annual publication distributed to general counsel of leading global and national businesses. Chambers researchers conduct in-depth interviews with in-house counsel and law firms, in an effort to systematically rank reliable and capable business lawyers. Full rankings and editorial commentary are available at http://www.chambersandpartners.com/.
Citrix Remote Access https://remote.srbc.com You will need to download the Citrix client software before accessing the server. Clicking on this link should automatically detect your operating system and download the appropriate client for your computer: http://receiver.citrix.com **after installing on a MAC, click on this link to configure client settings: citrixreceiver://createprofile?pname=SRBC%20Citrix%20Applications&s=https%3A%2F%2Fremote.srbc.com&gw=0 Once you have the client software installed, point your browser to: https://remote.srbc.com If you have not installed the software prior to your first visit, you will be prompted to do so automatically. It is recommended you install the client from one of the above links prior to visiting the remote server. If you have installed the software, you will see a login screen. Simply enter your username and your network password. Once logged in, you may select individual applications to launch, or you may launch a desktop session. After you're done with your work, please make sure you log off…
Retail stores, restaurants, and other commercial tenants are shut down. Shipments of parts are delayed. Long-planned vacations and wedding celebrations have been cancelled. Childcare facilities and gyms are closed indefinitely. From corporate boardrooms to kitchen tables, the economic impacts of the coronavirus (COVID-19) pandemic and the resultant lockdowns are impossible to ignoreâto say nothing of its devastating public health impacts. Among the myriad ways the virus has disrupted life in recent weeks, COVID-19 is wreaking unprecedented havoc on the performance of contractual agreementsâfrom industrial to personalâraising thorny questions about who bears the costs when obligations arenât met, and what remedies are available to parties who do not receive the benefit of their bargain. While the challenges presented by this pandemic may be unique, there are a number of established legal concepts that provide a framework for addressing these questions and determining the respective rights and obligations of companies and individuals…
The Massachusetts Appeals Court has ruled that a non-conforming lot, owned by a trustee in her capacity as trustee, did not automatically merge with an adjacent lot owned by the trustee in her personal capacity simply by virtue of the trusteeâs extremely broad powers over the trustâs assets, which include the nonconforming lot. Rather, the Appeals Court held, the question of whether the lots merged, such that the nonconforming lot lost its protection from zoning requirements enacted after the creation of the lot, is a fact intensive exercise to determine whether the form of the trust is being used to defeat the law of merger or if there are other reasons to disregard the form of the trust. The decision, Kneer v. Zoning Board of Appeals of Norfolk, has interesting implications for zoning, probate, and estate planning law. Merger and Grandfathering The case illustrates the interplay between two important related…
Sugarman Rogers has a well-earned reputation for its commitment to pro bono legal workâwork without pay for low-income clients and other social-justice causesâand for the firmâs culture of civic engagement. Following in the footsteps of founding partner Ed Barshak, whose career of public service is legendary, we strive to make pro bono work an integral part of the firmâs daily life. To that end, we actively support our lawyersâ handling of and participation in pro bono matters and credit their time on such cases just the same as their âpayingâ work. Our attorneys annually dedicate between 1,200 and 1,900 hours to pro bono cases, primarily on behalf of low-income individuals and families. The Massachusetts Supreme Judicial Court annually publishes a âPro Bono Honor Rollâ of lawyers and firms who meet the courtâs criteria of commitment to work for such clients, and Sugarman Rogers is a perennial qualifier for the list.…
Majority members of a limited liability company cannot rely upon the âexclusive remedyâ provision in the Massachusetts Limited Liability Company statute (M.G.L. c. 156C) to prevent minority members from recovering certain equitable remedies in cases where the majority has breached its fiduciary duties to accomplish a merger that the minority opposed, according to the Supreme Judicial Courtâs recent decision in W. Robert Allison v. Elof Eriksson. Indeed, the SJC held that trial courts have discretion to fashion equitable relief for minority LLC members wrongfully âfrozen outâ by majority members seeking to consolidate their control through mergers. Such relief may include rescission of the merger or, more commonly, modification of the new entityâs operating agreement to provide greater minority member protections. Here, Robert Allison and Elof Eriksson were the founders and sole members of Applied Tissue Technologies (ATT-MA), a Massachusetts LLC. Eriksson controlled roughly 75% of the company and Allison controlled…
The Eleventh Circuit Court of Appeals has upheld a finding that a computer fraud policy issued by Great American Insurance Co. did not cover an $11.4 million loss sustained when the policyholderâs reloadable debit-card product was exploited by fraudsters, as the loss was not a sufficiently âdirectâ result of computer fraud to fall within the policyâs terms. The insured, Interactive Communications International, Inc. (InComm), sold âchits,â units with assigned monetary value that consumers could purchase to add funds to reloadable debit cards. In order to redeem the chits, purchasers would call an InComm 1-800 telephone number, which connected them to a computerized interactive voice response (IVR) system that processed voice and touch-tone requests. When the consumer entered his or her debit card information into the IVR system, along with a PIN number for the chit, the system credited the chit value to the card and the funds became available for…
On May 18, 2016, the U.S. Department of Labor ("DOL") released its highly anticipated Final Rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees (the "Final Rule"). The Final Rule extends overtime pay eligibility to millions of workers by raising the thresholds required to satisfy "white collar exemptions" to the overtime pay protections of the Fair Labor Standards Act ("FLSA"). The Final Rule becomes effective December 1, 2016. Key Provisions of the Final Rule The Standard Salary Threshold will increase to $47,476 per year ($913 per week). The new salary level, below which a worker is automatically entitled to overtime pay for hours worked over 40 per week, is more than double the current level of $23,660 per year ($455 per week). It represents the 40th percentile of full-time salaried workers in the nation's lowest income Census region (currently the South). Up to 10% of the Standard Salary…
A Delaware superior court has granted summary judgment for a lawyers' professional liability insurer represented by Sugarman Rogers's William Boesch, in a dispute with an insured law firm over a claim seeking return of some $215 million in fees awarded in a securities class action. The law firm was co-lead counsel for the plaintiffs in the Tyco companies securities class action. The matter was settled in July 2007, and a New Hampshire federal judge approved the settlement, including over $460 million in contingent fees sought by the lead-counsel firms. In 2010, a member of the plaintiff class, Richard Gielata, sued the law firm, charging that the size of its fee violated a 2004 agreement in which the firm had agreed to cap the amount of its fees, and to oppose larger fees if sought by co-lead counsel. Gielata sought to have the firm return some $215 million in allegedly overcharged fees, plus punitive…
The 2012 edition of the legal directory Chambers USA recognizes SRBC partners Edward Barshak and Lisa Goodheart as leaders in their fields. The annual publication conducts in-depth interviews with a lawyer's peers and clients, and asks for assessment of a lawyer's technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. In this year's guide, Ed is recognized in the area of general commercial litigation, and is described by his peers as a "titan of the bar." Lisa, who is described as "a very strong practitioner with tremendous litigation skills and experience," is recognized for her work in the area of environmental law.
A landscape architect is hired to assist a neighborhood association in opposing the proposed construction of a nearby house, and submits renderings of the house to the local conservation commission. The developer claims that the representations of the house are false and defamatory, and sues the firm. Can the landscape architect claim that the firm is engaged in constitutionally protected government-petitioning activities, and invoke the âAnti-SLAPPâ statute that bars use of the courts to silence such activities? This is the essence of a question the federal First Circuit Court of Appeals recently sent to the Massachusetts Supreme Judicial Court for its response in Steinmetz v. Coyle & Caron, Inc. The important constitutional and land-regulation issues in the case have drawn the attention of the American Civil Liberties Union and free-press advocates as well as developers and their opponents. The certification of the question to the state high court promises another…
Sugarman Rogers partner Lisa Goodheart has been recognized in two different practice areas by Chambers USA 2018. Lisa received a top âBand 1â ranking in the area of Environmental Law, and a âBand 2â ranking in the area of Litigation: General Commercial. With respect to her environmental work, according to Chambers, Lisa is âwidely recognized for her extensive expertise in land use and environmental matters. She is experienced across permitting, cost recovery and enforcement issues.â In the area of commercial litigation, Chambers states that Lisa âis highlighted for her particular skill in real estate, commercial and environmental disputes.â Lisa has been honored with recognition in both of these practice areas for a number of years. Chambers is an annual publication distributed to general counsel of leading global and national businesses. Chambers researchers conduct in-depth interviews with in-house counsel and law firms, in an effort to systematically rank reliable and capable lawyers. Established…
Under an Executive Order issued on March 12, 2020, state, quasi and local governments may conduct meetings remotely, provided that the public body takes steps to ensure public access to the deliberations of the public body through adequate, alternative means. âAdequate, alternative meansâ may include, without limitation, providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body in real time. The Open Meeting Lawâs requirement that a quorum of the body and the chair be physically present at the meeting is also suspended. A municipal public body that for reasons of economic hardship and despite best efforts is unable to provide alternative means of public access in real time may instead post on its municipal website a full and complete transcript, recording, or other comprehensive record of the proceedings as…
