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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.
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…
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/
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…
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…
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.)…
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…
Sugarman, Rogers, Barshak & Cohen is proud to announce that all of their female partners have been named "Top Women Attorneys in Massachusetts" by Super Lawyers and were featured in the April issue of Boston magazine. Lisa C. Goodheart and Christine M. Netski both made the "Top 50 Women Attorneys in Massachusetts" list; Goodheart for her work in Environmental Litigation, and Netski for her work in Business Litigation. In addition, managing partner Regina E. Roman was recognized for her work in Insurance Coverage, along with Susan A. Hartnett. Alisa L. Hacker was featured for her work in Family Law, and Andrea Studley Knowles made the list for her work in Product Liability Defense. "We are so proud of this accomplished group. Their recognition further validates our long tradition at Sugarman Rogers of recruiting, hiring, promoting and supporting first-rate women lawyers," said William L. Boesch a partner and member of Sugarman…
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 February 6, 2013, commemorating the 20th anniversary of the Family and Medical Leave Act ("FMLA"), the U.S. Department of Labor issued its Final Rule (the "2013 Regulations") on the FMLA. The 2013 Regulations become effective March 8, 2013. The 2013 Regulations incorporate -- and in some cases, expand -- the military leave amendments of 2008. Families of eligible veterans now have the same protections as families of active military service members. The definition of "serious injury or illness" now covers pre-existing conditions aggravated by military service. A new leave category, parental leave, has been added to the qualifying exigency leave. The period of leave to be granted for a service member's rest and recuperation has been extended from five to 15 days. In addition, private health care providers, not affiliated with the military healthcare system, are now authorized to issue FMLA certifications for military-related leave. Listed below is a…
The Boston legal community has lost one of its finest. Edward J. Barshak passed away peacefully on August 12, 2020, at age 96. For more than five decades as one of our founding partners, Ed was an icon of the trial bar and a fearless defender of civil rights. As a young lawyer, he courageously represented lawyers charged with engaging in communist activities during the McCarthy investigations and achieved the groundbreaking SJC ruling in Brown v. Commonwealth, 335 Mass. 476 (1957), recognizing a right to counsel for criminal defendants under the Massachusetts constitution â six years before the US Supreme Courtâs decision in Gideon v. Wainwright. He later represented Mitchell Goodman in the now-famous federal prosecution against Dr. Benjamin Spock, Goodman, and three other co-defendants for advocating resistance to the Vietnam-War draft, culminating in the 1969 First Circuit decision vacating their convictions. In her book about the Spock trial,…
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…
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…
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…
Sugarman Rogers Partner and MBA Civil Litigation Section Co-Chair Tony Agudelo will moderate a panel discussion at the Massachusetts Bar Association entitled "Making the Winning Argument" on Wednesday, November 12. Five master trial lawyers will deliver verdict-winning opening statements and closing arguments they gave in real-life headline-making cases, and will explain their goals and challenges in preparing the arguments. Cases and topics include: Price v. Ambrus M.D. ($7 million verdict; medical negligence case) Zeolla v. Ford Motor Company (rollover of Ford Expedition; wrongful death case) A multi-plantiff racial discrimination and harassment case (Employment law; defense verdict) Aleo v. Toys R Us ($20.6 million verdict; product liability/wrongful death case) The program is free for all MBA members. Full event details are listed below. Making the Winning Argument Wednesday, November 12 4:00â7:00 P.M. MBA | 20 West St., Boston Register online MODERATOR Anthony V. Agudelo - Sugarman, Rogers, Barshak & Cohen, PC FACULTY Rober M. Higgins - Lubin & Meyer…
The Boston Bar Association (BBA) will honor Sugarman Rogers Partner Edward Barshak with a Lifetime Achievement Award at the BBA's Annual Meeting Luncheon on September 12. The Lifetime Achievement Award recognizes Ed's service to the BBA and his longstanding dedication to the equal and fair administration of justice. Ed served as President of the BBA for two terms (1974-1976), where he led the bar in educating the public about the desegregation movement and busing, made legal services a priority and called for a comprehensive review of the judicial nominating process. Sugarman Rogers' Managing Partner, Regina Roman, noted "Ed has been an exceptional role model and advocate for civil rights. Over the years, Ed has demonstrated a faithful commitment to public service, which continues to be one of the cornerstones of this firm today. On behalf of the partnership at Sugarman Rogers, we are proud to join the BBA in honoring our colleague, mentor and friend."…
With the Families First Coronavirus Response Act (âFFCRAâ) effective on April 1, 2020, the U.S. Department of Labor (âDOLâ) has issued a new round of guidance on the FFCRA in the form of FFCRA Q&A. DOLâs Updated FFCRA Q&A The DOLâs previously published FFCRA guidance was discussed by Sugarman Rogers here. The updated FFCRA: Questions and Answers address a wide range of new issues. Below are a few of the key takeaways: Intermittent Leave for Teleworking Employees is Allowed: Teleworking employees unable to work their normal schedule of work hours due to one of the qualifying reasons in the Emergency Paid Sick Leave Act may take paid sick leave intermittently if the employer and employee agree. Similarly, if a teleworking employee needs to care for a child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, the employee may take…
(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…
Christine Netski will join co-panelists Mark Phillips and Dana Pierce for the WBA program "Connecting with Your Jury" on April 23 at 12:30 pm. Learn how to use all of the tools at your disposal to connect with your audience. Not only the words you choose, but the story you tell, your body language, and your visual presentation affect how the jury (or any audience) perceives your message. Join the WBA's Women in the Courtroom Committee for a lunch meeting with a trial consultant and two seasoned trial attorneys and learn how to avoid common mistakes. Featuring panelists: Christine Netski -- Sugarman, Rogers, Barshak & Cohen, P.C. Mark Phillips - Phillips Partners, Inc. Dana Pierce - Suffolk County DA's Office Wednesday, April 23 -- 12:30 to 1:30 pm Wolf, Greenfield & Sacks 600 Atlantic Avenue (the Federal Reserve Building) 23rd Floor ~ North Conference Room Free to WBA Members and…
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…
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…
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…
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.…
Dylan Sanders has been invited to serve as a member of the Steering Committee of the Boston Bar Association's 2014 Law Day Dinner. The BBA Law Day Dinner is one of the largest annual bench bar events in Massachusetts. This year's event will take place on May 12 at the Boston Convention Center. The 2014 Law Day Dinner will feature Mayor Martin J. Walsh as the Keynote Speaker. In addition, the event will honor the BBA Marathon Assistance Project Volunteers, Boston Private Industry Council and Bonnie Sashin. For more information on event sponsorship and tickets, visit the Law Day Dinner event page.
The Massachusetts Supreme Judicial Court has once again emphasized the high stakes, under the stateâs consumer-protection statute, for an insurer who delays in settling a clear-liability case and allows the matter to go to trial. In its February 10, 2025 decision in Rhodes v. AIG Domestic Claims, Inc., the Court awarded $22.6 million in punitive damagesâplus attorneysâ fees, on top of the $11.8 million already recovered by the plaintiffsâagainst an insurance claims service, AIGDC,1 for unfairly and willfully delaying settlement of a clear-liability automobile-accident case. The Court applied language of the Massachusetts consumer-protection statute, Chapter 93A, and made the $22.6 million award despite acknowledging that the figure bore no relationship to any identifiable harm caused by AIGDCâs settlement delay. The case arose from a 2002 accident in which a tractor-trailer rear-ended a car driven by 46-year-old Marcia Rhodes, who had been stopped by a police officer directing traffic around a…
Published by the Boston Bar Association on October 25, 2024 (here). The importance of public service and academic excellence was instilled in Chris Netski at a young age while she was growing up in upstate New York. Both her parents were public educators and the first in their families to go to college. Her late father, a first-generation Polish-American who went to college under the G.I. Bill following service in World War II, understood the importance of equal opportunity and promoted diversity and inclusion throughout his career, including helping to lead the effort to integrate the public schools in their town in the late 1960s. Her parentsâ commitment to their community and their positive influence on the lives of so many young people continue to inspire Netski today. âThey inspired me to always be alert to how I might contribute to the betterment of our society, and they taught me…
