Overview On Wednesday June 21, 2018, the U.S. Supreme Court released its decision in South Dakota v. Wayfair, Inc., et. al., (585 U.S.  __ (2018)) holding that South Dakota’s sales tax statute does not violate the Commerce Clause of the U.S. Constitution. The decision opens up the door for states to tax out-of-state sellers including sales over...

This article discusses the current construction cycle, “mature,” and, more specifically, some of the most crucial contracting terms for this cycle. We generally recognize four construction cycles; namely, rock bottom, burgeoning, mature and declining. Different construction cycles require different contract terms because each cycle presents its own benefits and challenges. For example, during the burgeoning...

Developing land or repurposing existing structures can be profitable. It can also be frustrating, confusing and expensive.  Before undertaking any development project, the developer must assemble a strong “team” of professionals.  Usually, the team is comprised of: Site engineer Traffic engineer Architect Land Use Attorney Wetlands expert/engineer Depending upon unique circumstances, other specialties may be hired....

By Alicia J. Samolis and Michael A. Gamboli The Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on Sunday, April 1st, 2018. The Act, which applies to all Massachusetts employers with six or more employees, requires employers to provide pregnant workers or workers with pregnancy-related conditions with reasonable accommodations and protection from discrimination...

Businesses often have misconceptions when it comes to intellectual property issues. Here are a few questions and answers on topics about which clients often ask us for advice: Q: The Name is available at the Secretary of State’s Office, so it’s OK to use, right? A: Not always. Federal and common law trademark rights supersede...

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