By Daniel E. Burgoyne and Christian R. Jenner A pair of recent decisions from the Rhode Island Superior Court’s Business Calendar, authored by Associate Justices Richard J. Licht and Brian P. Stern, demonstrate how a secured lender in a receivership can combat frivolous appeals that might otherwise threaten a sale of its real estate collateral....
The Rhode Island Department of Labor and Training’s (“RIDLT”) much anticipated Proposed Regulations (“Regulations”) to the Rhode Island Pay Equity Law (the “Act”) have arrived. As we previously discussed, on July 6, 2021, Rhode Island Governor Daniel McKee signed the Act into law, which goes into effect on January 1, 2023. The crux of the Act prohibits an...
With a stroke of his pen on Wednesday, Governor McKee signed the bill that dramatically changes the landscape for marijuana cultivation, possession, sale and use in Rhode Island. Many of the changes are effective immediately. There have been many failed attempts at such legislation over the past decade, but momentum has grown over the past...
With the threat of cyber-attacks making the news, it is a good time for all non-profit organizations to review their policies and procedures with respect to data privacy. Many non-profit organizations are particularly vulnerable to legal, financial, and reputational risks resulting from cyber-attacks and other data breaches because they do not have the staff, time,...
After several years of fits and starts, Rhode Island is finally poised to pass a substantive cannabis legalization bill as soon as next week. An amended version of the previously-proposed cannabis bill is now on the fast track toward passage at the State House. Major developments in the amended bill include automatic expungement for past...
By Alicia Samolis and Michael Gamboli It is well known that if a Massachusetts employer terminates an employee, the employer risks being liable for three times the amount of wages owed if payment is not made on the last day of employment. A lesser known corollary to this rule based upon Massachusetts caselaw was that...
On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) determined that the Massachusetts independent contractor statute (G. L. c. 149, § 148B) applies within the franchisor-franchisee context and does not conflict with a franchisor’s disclosure obligations under federal law. In the case of Patel v. 7-ELEVEN, Inc. (“7-Eleven”), several franchisees operated 7-Eleven convenience stores throughout Massachusetts...
By Eugene G. Bernardo II or David M. DiSegna On March 18, 2022, the IRS issued Revenue Procedure 2022-20, which permanently allows issuers of tax-exempt private activity bonds to hold TEFRA hearings via teleconference. Pursuant to § 147(f) of the Internal Revenue Code, tax-exempt qualified private activity bonds are subject to a public approval requirement. One means...
By Alicia J. Samolis and Michael A. Gamboli The Value of Arbitration Clauses It is not uncommon for employers to require that all employment related disputes with employees be resolved by binding arbitration and not in court. Advantages of arbitration can include: (i) significant cost savings in legal fees in defense of a claim; (ii)...
By Daniel E. Burgoyne Associate Justice Brian P. Stern of the Rhode Island Superior Court recently issued a notable decision arising from a receiver’s sale of commercial real estate in Providence, Rhode Island. The Decision, entitled Rialto Capital Advisors LLC v. Robert Day, LLC, C.A. No. PC-2020-06964 (R.I. Super. Dec. 22, 2021, Stern, J.), is...
