As the prospect of legalized recreational marijuana nears for Commonwealth residents, some serious attention needs to be given to the unique issues Massachusetts-based marijuana businesses will face in the coming years and months. On top of strict regulations, legislative uncertainty, and limited access to banking, taxpayers in this industry must contend with some unique federal...
CannabisClient AlertsEx-NFL Player Sues Sessions to Challenge Marijuana’s Schedule I Classification
July 26, 2017
Marvin Washington, a former National Football League player, and others have filed a lawsuit in federal court in New York City against Attorney General Jeff Sessions and the acting head of the Drug Enforcement Administration, Charles Rosenberg. Other plaintiffs include two children who use medical marijuana, an Iraqi war veteran with post-traumatic stress disorder, and...
CannabisClient AlertsMassachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users
July 19, 2017
In May 2017, we reported on Callaghan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now joined the club. In Barbuto v. Advantage Sales and Marketing LLC, the Massachusetts Supreme Judicial Court has concluded that the Commonwealth’s general anti-discrimination law, M.G.L....
Client AlertsMassachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users
July 19, 2017
In May 2017, we reported on Callaghan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now joined the club. In Barbuto v. Advantage Sales and Marketing LLC, the Massachusetts Supreme Judicial Court has concluded that the Commonwealth’s general anti-discrimination law, M.G.L....
Dear Rob Gronkowski, All the news outlets are reporting that Nike doesn’t like your new logo, a silhouette of you spiking a football, because they think it is too confusing to their Michael Jordan basketball silhouette logo, which they call the “Jumpman” logo. They have even gone as far as opposing your application to register...
Client AlertsHolding the Bag: Update Your Operating Agreement or Face the Tax Consequences
July 11, 2017
New Law – Direct Assessment of LLC Tax Liability The Tax Equity and Fiscal Responsibility Act (“TEFRA”) has governed the procedures for auditing partnerships since 1982. Under TEFRA, if the IRS audited an LLC taxed as a partnership, it could not hold the LLC responsible for federal income tax deficiencies. Rather, liability remained with the...
Client AlertsEmployment & LaborMassachusetts Supreme Court Ruling will Lead to More Disappointments for Employers who Purchase EPLI Policies
June 26, 2017
By Alicia J. Samolis Are you sleeping better knowing that you have purchased Employment Practices Liability Insurance (“EPLI”) to cover your company against employment claims? Well it may be time to wake up. Many employers have received rude awakenings about EPLI insurance in the past. Wage and hour claims are often not covered. Leave law...
Lawyers say a recent Superior Court decision finding an employee’s non-compete agreement not assignable to a purchasing business entity is a cue for practitioners to take a closer look at their clients’ employment contracts. The plaintiff business in the case purchased the assets of a salon and spa in October 2014. When one of its...
A prime source of capital for real estate developers since the Great Recession has been EB-5 money. The EB-5 program provides a method for foreign nationals investing money in the United States to obtain a green card by investing $500,000 in a Targeted Employment Area (defined as an area of high unemployment or a rural...
CannabisClient AlertsRhode Island Legislators Revise Composition of Proposed Marijuana Study Commission
June 8, 2017
The Rhode Island House Committee on Judiciary has recommended passage of a revised bill recommending a study commission for marijuana legalization. The former bill was sent back to the Committee last week as the composition of the proposed commission was considered by some to be too “anti-marijuana.” The revised bill, H 5551 Substitute A4, would add...
