By Russell J. Stein Two recent developments may affect private funds, including syndicated real estate offerings.  First, at the end of last summer the SEC adopted the Private Fund Adviser rules, regulations that cover certain aspects of management over investment funds.  Second, the Corporate Transparency Act (“CTA”) took effect on January 1, 2024, requiring most...

By Allison L. Fleet As of January 1, 2024, a Rhode Island law prohibits landlords, rental agents, and property managers from charging application fees in connection with tenant rental applications. Application fees include credit checks, background checks, screenings and administrative services. Notwithstanding the new prohibition, landlords and their representatives are still permitted to pass through...

In the December 5, 2022 opinion (Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153), the Massachusetts Appeals Court considered whether a commercial landlord can collect accelerated rent upon a tenant default, specifically when the landlord is also collecting rent from a new tenant for the same premises. Surprising many commercial real estate professionals, the...

On March 31, 2020, Gov. Baker revised the list of “essential” services in Massachusetts. The revised list (“Exhibit A”) can be found at: The criteria for establishing “essential” has, indeed, been drastically narrowed from the Exhibit A published on March 23, 2020. Residential construction and certain public works are still, however, considered “essential” if they...

Many people in the construction industry believe the force majeure clause waives the requirement for making a claim for an extension of time. This belief, however, is incorrect at least under the A201. If your project is delayed by the coronavirus, you should review your contract to determine your obligations for perfecting force majeure claims....

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