Implementing Immigration Reform Without Congress

America’s Immigration System has been broken for quite some timenow. Employment verification rules put in place in 1986 have beena colossal failure, the ranks of the undocumented have swelled,and the lines for those seeking to enter the country legally havegrown exponentially. Repeated attempts by both Democratic andRepublican administrations have failed to gain the Congressionalsupport needed…

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Immigration for Same-Sex Couples Post DOMA

On June 26th the Supreme Court found the Defense of MarriageAct (DOMA) to be unconstitutional, striking down the law thatprevented same-sex marriages, validly entered into in statesrecognizing such marriages, from being recognized by thefederal government for benefits purposes. There are more than1,000 federal benefits extended to heterosexual married couplesthat were previously denied to gay married…

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Early Assessment is Key to Grasping the Ultimate Cost of Litigation

An important matter that should be considered by every potentiallitigant is the likely transactional cost of pursuing, or defending, acase. This should be addressed and discussed at the very outset ofany matter because the foreseeable transactional costs, includingattorneys’ fees, can be the critical factor in analyzing how best toapproach a lawsuit or a potential lawsuit….

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Are You Employing Illegal Aliens? Do You Really Want to Know?

Since 1987, employers have been required by law to verifythat every employee they hire is entitled to work in the UnitedStates. Compliance requires that an I-9 Employment EligibilityVerification form be completed for each and every new hire.Significant fines and penalties can be imposed on those whoknowingly hire illegal immigrants or permit them to work afterdiscovering…

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Are Brokers Liable for False Information Provided by the Seller?

In 2013, the Massachusetts Supreme Judicial Court issuedits most recent decision concerning the liability of real estatebrokers for providing inaccurate information to a Buyer inthe sale of real property. In DeWolfe v. Hingham Centre, Ltd.,464 Mass. 795 (2013), the Massachusetts Supreme JudicialCourt (“SJC”) held that a broker may be liable for disclosinginaccurate information provided by…

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A New Federal Surtax on Investment Income: Some Planning May Be In Order

When the United States Supreme Court affirmed the constitutionality of President Obama’s healthcare plan in June, many taxpayers having adjusted gross income in excess of $200,000 (single) or $250,000 (married, filing jointly) cringed. They cringed because the 2012 law that created Obamacare includes a 3.8% additional tax on investment income that goes into effect on…

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Commercial Leasing Tips and Traps

As a member of our Real Estate practice area, I routinely hear fromclients asking me to draft or review leases for them. Whether it is aphysician group looking to relocate their practice, a fitness facilityplanning an expansion of their existing space, a large distributioncenter considering a new transportation hub, a restaurant interestedin leasing a second…

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Immigration Enforcement Priorities: Secure Communities & Prosecutorial Discretion

Immigrant Enforcement has never been more vigorous thanunder the first year of the Obama Administration. For the year thatended September 2010 Immigration and Customs Enforcement(ICE) deported nearly 400,000 people, a record high. Last yearCongress granted the Administration’s request for an additional$650 million to provide increased border resources, includingmore border agents, more surveillance equipment and technologyimprovements….

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