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May 12, 2020Posted on

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May 12, 2020Posted on

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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...

April 28, 2020Posted on

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April 28, 2020Posted on

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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...

April 23, 2020Posted on

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April 23, 2020Posted on

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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...

March 18, 2020Posted on

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March 18, 2020Posted on

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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...

March 4, 2020Posted on

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March 4, 2020Posted on

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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

September 30, 2019Posted on

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September 30, 2019Posted on

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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...

August 7, 2019Posted on

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August 7, 2019Posted on

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Massachusetts Paid Family and Medical Leave Act— New Notification and Contribution Deadlines

The Massachusetts Paid Family and Medical Leave Act applies to all employers who have at least one employee in Massachusetts. On June 14, 2019, the original notification and contribution dates were delayed by several months. The current deadline for making required notifications to employees is now September 30, 2019. Starting October 1, 2019, employers must take the required deductions from employee payroll, make any required employer contributions, and remit contributions to the Family and Employment Security Trust Fund (the “Trust Fund”). Because of the delay in the start date for deductions and contributions, the contribution rate has also been adjusted. Paid family and medical leave benefits will be available beginning in 2021. Employee Notification Massachusetts employers must provide an appropriate notification of the new law to members of their workforce by the extended deadline of September 30, 2019. The notification requirements include both providing a written notice directly to employees and displaying a workplace poster in a conspicuous place. The Department of Family and Medical Leave has made available template notices on its website. An employer who provided written notices to employees prior to June 14, 2019 (the date the delay was announced), will need to provide employees with...

May 10, 2019Posted on

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May 10, 2019Posted on

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Cain Hibbard facilitates Greenagers’ acquisition of historic South Egremont property

Cain Hibbard partner Syd Smithers guided Greenagers, Inc., a non-profit organization that engages teens and young adults in meaningful work in environmental conservation, sustainable farming and natural resource management, through the complex process of acquiring the historic April Hill property on Undermountain Road, South Egremont. The property will serve as the new headquarters for the energetic non-profit under the strong leadership of its Executive Director Will Conklin of Sheffield. The original house on the April Hill property dates back to 1744, and was added to the National Register of Historic Places in 1990. Beginning in 1976, April Hill served as the summer home of Charles and Mary Margaret Kellogg. In 2004, Mary Margaret Kellogg donated the property to the Appalachian Trail Conservancy for educational, historic preservation, recreational, agricultural and conservation activities. In 2017, after a solicitation of proposals, The Conservancy chose Greenagers to be the next steward of April Hill. Acquisition of the property presented some special legal challenges, as it is protected by a scenic easement, an agricultural preservation restriction, a historic preservation restriction, and a conservation restriction. To accomplish a successful succession of stewardship, Syd Smithers redrafted and updated property protections in a way designed to preserve its...

March 20, 2019Posted on

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March 20, 2019Posted on

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Diane DeGiacomo to speak at Massachusetts Continuing Legal Education Conference, March 27th, Springfield, 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 counties. In prior years, she has discussed recent, important court decisions and legislative changes in Massachusetts law as well as demonstrated the art of persuasion in a mock argument involving complex financial matters. This year, she will focus on how to prove your case, with an in-depth look into different tools to obtain critical discovery and methods to turn testimony and written documents into persuasive evidence admissible at trial. For more details and registration information, please visit: https://www.mcle.org/product/catalog/code/2190152PMA

March 19, 2019Posted on

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March 19, 2019Posted on

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Berkshire Real Estate Attorney Syd Smithers secures zone map change that achieves unified zoning for North Adams developer

Cain Hibbard partner Syd Smithers was successful in achieving a zone map change in North Adams that should help to ease development efforts of The Beyond Place, LLC, the parent entity developing the new Tourists Hotel on State Road in North Adams. Over the course of a year or more, the developer and three related entities had acquired nine separate parcels of land on State Road and in the Village of Blackinton in furtherance of their plans for Tourists Hotel and related development, including a restaurant. The properties were located in four different zoning districts by the City of North Adams zoning ordinance. Having its properties governed by disparate zoning requirements introduced elements of uncertainty and inconsistency into the overall development concept envisioned for Tourists Hotel. In order to promote a sensible and comprehensive redevelopment of the several properties for its hotel and related purposes, pursuant to a master plan, The Beyond Place, LLC engaged Smithers, a Berkshire real estate attorney, to seek consistent zoning treatment and predictability. Smithers prepared the necessary zone map amendment petition to the North Adams City Council and Planning Board and led the development team through presentations to a joint public hearing by the City...