OWNERSHIP OF BEACH RIGHTS
Beach ownership can change with the tides, or in certain cases, with the Court. On November 12, 2021, in Deckelbaum et al. v. Carew, et al. 16MISC000014, the Massachusetts Land Court stayed its prior ruling that held a property owner’s land included the beach seaward of the home to the historic low-water tide mark.[1] The…
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“LOG4SHELL” CYBER SECURITY VULNERABILITY and SECURITY BREACH DISCLOSURE AND REPORTING REQUIREMENTS
On December 11, 2021, the Cybersecurity & Infrastructure Security Agency (“CISA”) released a statement regarding a cyber security vulnerability found in Java software libraries. The CISA categorized this “Log4j” or ‘Log4shell” vulnerability as a “severe risk” that could be “widely exploited” by actors with ill-intent.[1] While this vulnerability is a risk to business software generally,…
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HEALTHCARE AND BANKRUPTCY: COST SAVING ALTERNATIVES TO THE APPOINTMENT OF A PATIENT CARE OMBUDSMAN
According to industry leaders, COVID-19 related staffing shortages at medical facilities have turned into a full-blown crisis as hundreds of positions at medical facilities have remained vacant. As a result, medical facilities are denying admissions because they can’t staff enough to take on new patients. Increased government aid to keep medical facilities open and operational…
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Client Update – INFRASTRUCTURE ACT RETROACTIVELY ELIMINATES EMPLOYEE RETENTION CREDIT FOR MOST EMPLOYERS
On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (the “IIJA”), which retroactively eliminated and repealed the employee retention credit (“ERC”) as of September 30, 2021. The credit was previously set to expire on January 1, 2022. This law effectively eliminates an employer’s ability to claim the ERC for eligible wages…
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Client Update – OSHA EMERGENCY TEMPORARY STANDARD ON COVID-19
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit vacated the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on workplace COVID-19 vaccinations and testing. The ETS was initially published in the Federal Register on November 5, 2021. However, it was immediately challenged, and the following…
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Client Update – BROWNFIELD SOLAR DEVELOPMENT: A JOINT CLIENT ALERT FROM DARROWEVERETT LLP AND CAPITOL COMMUNICATIONS GROUP, LLC
Utility-scale solar developments have proliferated across the United States over the past decade, growing at a rate that few could have predicted just a short while ago. Even as the actual capacity of solar projects installed continues to beat the most optimistic forecasts, States across the country have set ambitious renewable energy targets that will…
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Client Update – REMOVAL OF CAP ON ITEMIZED DEDUCTION OF STATE AND LOCAL TAXES
In 2017, the Tax Cuts and Job Act imposed a ten thousand dollar ($10,000) cap on the amount of itemized deductions that a taxpayer can deduct on the taxpayer’s tax return (the “Cap”). Prior to the Cap, a taxpayer could deduct the full amount of all state and local taxes paid to the applicable state and…
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Florida Condominium Act and the Fiduciary Duty of Condo Officers and Directors
Condominium associations play a vital role in the success of condo projects. Generally, condo associations are formed as not-for-profit corporations and their officers and directors are tasked with establishing a budget to address their operating expenses, set aside funds for future repairs and projects, and to enforce the rules and procedures of the complex. The…
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Covid 19 – Executive Order On Covid Vaccinations And Osha Emergency Temporary Standard
Yesterday, President Biden announced new vaccination requirements impacting both the federal and private sectors. In addition to Executive Orders covering federal employees and federal contractors, the President also announced that he was directing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to draft a new emergency standard requiring businesses with over 100 employees…
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NEW ILLINOIS LIMITATIONS ON NON-COMPETE AGREEMENTS TO BECOME EFFECTIVE JANUARY 1, 2022
Illinois joins a growing list of jurisdictions, including California, District of Columbia, Maryland, Massachusetts, Oregon, Rhode Island, Virginia and the State of Washington, that have recently passed legislation limiting or outlawing restrictive employee non-competition and non-solicitation covenants. There is also a new push at the federal level to all but bar non-competition agreements, except under…
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