September 4, 2020Posted on
UncategorizedCategories
0Comments

COVID-19 Moratorium on Evictions and Foreclosures

UPDATE: The Massachusetts Moratorium on Evictions and Foreclosures was lifted on October 18, 2020. Extended through October 17, 2020 On July 21, 2020, in an effort to “provide residents of the Commonwealth with continued housing security as businesses cautiously re-open, more people return to work, and we collectively move toward a ‘new normal,’” Governor Baker issued an extension through October 17, 2020, of the moratorium on evictions and foreclosures during the COVID-19 Emergency (the “Moratorium) first enacted on April 20, 2020. (See Cain Hibbard alert posted May 12, 2020.) The Moratorium will continue to provide significant protections to certain renters against evictions and mortgagors against foreclosures. Eviction and Rent Provisions: The Moratorium only protects tenants of residential units and “small business premises units.” A “small business premises unit” is defined as premises occupied by a tenant for commercial purposes, whether for-profit or not-for-profit, unless the tenant, or a party that controls, is controlled by or is in common control with the tenant: (i) operates multi-state; (ii) operates multi-nationally; (iii) is publicly traded; or (iv) has 150 or more full-time equivalent employees. The protections also apply only to “non-essential evictions.” Evictions for non-payment of rent or resulting from a foreclosure fall...
Read more
June 9, 2020Posted on
UncategorizedCategories
0Comments

Cain Hibbard’s response to call to action of Supreme Judicial Court

The Supreme Judicial Court of the Commonwealth of Massachusetts took an extraordinary step last week, issuing a public letter to members of the Judiciary and the Bar acknowledging that African-American lives are often not treated “with the dignity and respect accorded to white lives” in the U.S., and proposing strong action by judges and lawyers to create a “just, fair and peaceful society.” The letter, signed by all seven justices, specifically called for judges to look anew at what they are doing – or failing to do – to root out any conscious or unconscious bias in the courtroom, to “create in our courtrooms, our corner of the world, a place where all are truly equal.” Lawyers, too, were urged to take strong action. Those front-line members of the legal system were urged to examine their own efforts – or lack thereof – to provide legal assistance to those who cannot afford it, and to “diminish the economic and environmental inequalities rising from race,” along with ensuring that law offices not only hire attorneys of color, but also truly welcome them into the legal community. The Court did not stop with calls for change in individual courtrooms, minds and law...
Read more
May 12, 2020Posted on
Client AlertsCategories
0Comments

Moratorium on Evictions and Foreclosures during Massachusetts’ COVID-19 State of Emergency

The COVID-19 health crisis and resulting economic downturn have many struggling to make rent or mortgage payments, on the one hand, and many worried about receiving relied-upon income from rental properties, on the other. On April 20, 2020, the Massachusetts legislature passed An Act Providing for a Moratorium on Evictions and Foreclosures during the COVID-19 Emergency (the “Moratorium”), which provides significant protections to certain renters against evictions and mortgagors against foreclosures during the period of the state of emergency due to the pandemic. The Moratorium is currently set to expire the earlier of August 18, 2020 or 45 days after the COVID-19 emergency declaration has been lifted. Eviction and Rent Provisions The Moratorium only protects tenants of residential units and “small business premises units.” A “small business premises unit” is defined as premises occupied by a tenant for commercial purposes, whether for-profit or not-for-profit, unless the tenant, or a party that controls, is controlled by or is in common control with the tenant: (i) operates multi-state; (ii) operates multi-nationally; (iii) is publicly traded; or (iv) has 150 or more full-time equivalent employees. The protections also apply only to “non-essential evictions.” Evictions for non-payment of rent or resulting from a foreclosure...
Read more
April 28, 2020Posted on
Client AlertsCategories
0Comments

New Emergency Law Allows Notarization by Videoconference; Estate Planning and Real Estate Instruments Can Now be Executed Remotely

Emergency legislation just signed by Governor Baker will temporarily allow notaries in Massachusetts to acknowledge the signature of people who are present by video conference. This important law allows people who want to sign legal documents from their homes to do so.  The person signing will show the notary identification in the video conference and then have the documents delivered to the notary. The notary will sign a detailed affidavit regarding the remote notarization. Both the notary and the person signing have to be located in the state of Massachusetts at the time of the signing.  The person signing has to disclose who is in the room – an important precaution to assure that the person signing is doing so of their own free will. This new law will allow our clients  to update and  sign important estate planning documents – such as  wills and trusts, health care proxies and powers of attorney – without  being having to be in physical contact with anyone else.  Our clients will also be able to authorize their attorney to complete transactions for them through a power of attorney, including the buying and selling real estate.  For documents that are to be recorded in...
Read more
April 23, 2020Posted on
Articles, Client Alerts, Events, NewsCategories
0Comments

Volunteer nonprofit board members; recent Supreme Judicial Court decision examines scope of immunity from suit

The global pandemic has suddenly thrown many nonprofit organizations into a churning sea of economic uncertainty. As a result, volunteer board members are being asked to make exceedingly difficult decisions about whether and how to try to keep their missions alive and “doors” open.  Economic models have been quickly generated assuming projections of future revenue that may or may not be realized.  What happens if those projections are wrong and nonprofits are not able to meet future obligations?  Could any of the volunteers who sit on the boards of these nonprofits face personal exposure for those obligations? As confirmed by a recent decision of the Supreme Judicial Court in Lynch v. Crawford, 483 Mass. 631 (2019), the answer is probably no — at least so long as board members act in good faith and follow a reasonable process in conducting their financial analysis.  Federal and state law affords volunteers serving on nonprofit boards significant protection from not just liability but from suit. But such protection is not unlimited.  Board members can have personal liability for wrongful intentional, reckless behavior and gross negligence.  And board members who also serve as officers of the nonprofit – generally, the president and the treasurer...
Read more
March 18, 2020Posted on
Client AlertsCategories
0Comments

Cain Hibbard COVID-19 Plan for Continued Operations

As the COVID-19 public health emergency continues to spread, we remain available and committed to meeting all of our clients’ legal needs, including providing guidance on the novel and difficult challenges that the global pandemic presents in the workplace. We have made some changes to our own workplace in order to be able to provide that continued service while at the same time protecting the well-being of our employees, clients and community members.  Here is what we have done: We have leveraged our technology to enable all of our attorneys to work remotely, keeping a skeletal staff presence in our main Pittsfield office to handle those functions that cannot be handled remotely. All of our attorneys are available by telephone and email.  While you will be able to reach us by calling our central office number, our attorneys are also providing clients with our direct cell phone numbers. Your calls will be answered and your emails responded to promptly. We have suspended all in-person office meetings and events. We have video/audio conferencing capability for all meetings. We are each day monitoring guidance from health and government officials as well as pending emergency legislation and regulations. Please contact us should you have...
Read more
March 4, 2020Posted on
UncategorizedCategories
0Comments

Diane DeGiacomo speaks about Family Law Issues at upcoming Massachusetts Continuing Legal Education Conference, March 5, Northampton, MA.

Diane DeGiacomo, chair of the firm’s litigation department will serve as a featured speaker at “Cutting Edge Issues in Western Massachusetts Family Law Practice”, along with distinguished family law lawyers and judges from the four western Massachusetts counties. Diane will present arguments based on complex fact patterns, focusing on contested custody issues in families with substance abuse concerns. For more details and registration information, please visit: https://www.mcle.org/product/catalog/code/2200140P01
Read more
September 30, 2019Posted on
NewsCategories
0Comments

Cain Hibbard named Pinnacle Company in Berkshire United Way Workplace Campaign

For the fourth straight year, Cain Hibbard has contributed to the Berkshire United Way’s workplace campaign as a Pinnacle award winning company. This designation, earned by only twenty companies in 2018, denotes outstanding employee participation and campaign organization. We jump-started our 2018 campaign by highlighting the efforts of Working Cities Pittsfield, one of the United Way’s strategic partners. Alisa Costa, Initiative Director at Working Cities Pittsfield, W. Duffy Judge, Development Manager at Berkshire United Way, and Ilene Marcus, Director of Development at Berkshire United Way met with Cain Hibbard to explain the campaign process and ways to volunteer, outline the direct impact our donations have on the community and discuss the underlying structural barriers we hope to change. Our employees responded enthusiastically, achieving near 100% participation and demonstrating once again their individual generosity and commitment to Berkshire United Way’s critical mission of improving opportunities for all Berkshire County residents. Our commitment to Berkshire United Way is a year-round effort. Cain Hibbard’s Finance Manager, Anne Nigrelli, has volunteered with the United Way’s VITA program for the past two years. The volunteer income tax assistance program (VITA) operates from February to mid-April and put in 347 hours to prepare 152 Federal returns...
Read more