e-Journal

06-05

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Member benefit: Free, electronic copy of the MBA's "Recent Developments" publication available June 9

Searchable publication to serve as an important practice resource

For the first time, the annual Recent Developments in Federal and Massachusetts Law 2008 publication will be available, free of charge, to all MBA members, making it a significant and tangible benefit of MBA membership. We are proud to have the privilege of ensuring that Recent Developments in Federal and Massachusetts Law 2008, arguably the most important publication issued each year by the MBA in collaboration with MCLE, Inc., is available as an important practice resource to support members statewide. 

Check your e-mail on Monday, June 9 for a link to this much anticipated publication.

 

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Photograph by Public Information Office, Supreme Judicial Court
Members of the legal community attend the May 29 Brockton "Open Dialogue" forum to discuss how court practices affect attorneys’ lives and how the court and the bar can work together on operational improvements.

More than 100 speak out at Brockton bench-bar forum

Selections for judicial and attorney moderators finalized for the Lawrence forum, June 17

On May 29, more than 125 members of the trial bar met with judges to discuss court practices at the George Covett Courthouse in Brockton for the first in a series of five Open Dialogue forums scheduled across the state. The event was attended by Chief Justice for Administration & Management Robert Mulligan, all of the Trial Court Department Chief Justices and numerous judges, clerks, registers and court personnel. 

Following welcoming remarks from Brockton District Court First Justice David Nagle, Chief Justice Mulligan and Plymouth County Bar President David Reservitz  the attendees participated in breakout groups according to court practice area. The District Court, Housing Court, Juvenile Court, Land Court, Probate and Family Court and Superior Court met separately with lawyers to engage in a dialogue on case management and practice in each of these court departments.

A reception followed the breakout sessions. 

Thanks to Francis S. Moran Jr., legal counsel to the Chief Justice, Supreme Judicial Court, who provided a summary of the event.


Selections for judicial and attorney moderators have been finalized for the Lawrence “Open Dialogue on Court Practices” forum to take place on June 17 beginning at 4:30 p.m. at the Fenton Judicial Center, 2 Appleton St., Lawrence.

To R.S.V.P., contact MBA Member Services at (617) 338-0530, or [e-mail membership].

Practitioners’ perspectives are sought to better determine how court practices affect attorneys’ lives and how the court and the bar can work together on operational improvements. In addition to area attorneys, judges and court staff are also invited to participate in the June 17 forum, which is being co-sponsored by the Essex County Bar Association.

Participating judges for the June 17 program include:

Hon. Thomas M. Brennan
District Court

Hon. Michael J. Brooks
District Court

Hon. David D. Kerman
Housing Court

Hon. Sally F. Padden
Juvenile Court

Hon. Gordon H. Piper
Land Court

Hon. Mary Anne Sahagian
Probate and Family Court

Hon. Howard J. Whitehead
Superior Court

The following attorneys will co-facilitate the break-out sessions at the May 29 program:             

Donald R. Bumiller
Law Office of Donald R. Bumiller, Lynn
District Court

Raymond D. Buso
Raymond D. Buso, attorney at law, Salem
District Court

Robert L. Holloway Jr.
MacLean, Holloway, Doherty, Ardiff & Morse PC, Peabody
Superiour Court

Marsha V. Kazarosian
Kazarosian Law Office, Haverhill
Probate & Family Court 

James A. Peterson
James A. Peterson, attorney at law, Salem
Housing Court

Martha A. Rush O'Mara
Law Office of Martha Rush O'Mara, Melrose
Juvenile Court

William H. Sheehan III,
MacLean, Holloway, Doherty, Ardiff & Morse PC, Peabody
Land Court

 

Below is a list of scheduled "Open Dialogue on Court Practices" dates and locations, listed chronologically:

                       

Edward W. Brooke Courthouse, Boston

Wednesday, Sept. 17

 

Hall of Justice, Springfield

Thursday, Oct. 2

 

Worcester Trial Court

Thursday, Oct. 16

           

 

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MBA e-mail verification process to begin June 9

Benefit from this one-time verification process and update your mailing address and e-mail preferences online

Beginning next week, MBA members will be prompted to verify their e-mail addresses upon logging onto www.massbar.org. The procedure will take just a few minutes and will ensure the integrity of members’ e-mail addresses.

Once your e-mail address has been verified this one time, each time you sign in to www.massbar.org you will have the option of logging in using your e-mail address or your six-digit member ID number. As an added benefit to this e-mail verfication process, you will have quick and easy access to your MBA profile online to update your mailing address and e-mail preferences as you see fit.

To assist you in this process, the e-Journal sent out on Thursday, June 12 will include your six-digit member ID number that you will need to begin the verification process. If you have any questions about the verification process, please contact MBA member services at (617) 338-0530 or via e-mail.

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News from the SJC: Decisions pursuant to Rule 1:28 now available online; Middlesex Law Library temporarily closed

Appeals Court modified long-standing policy prohibiting the citation of its unpublished decisions

On Feb. 25, 2008 the Massachusetts Appeals Court modified its long-standing policy prohibiting the citation of its unpublished decisions. The change was announced in footnote 4 of Chace v. Curran, 71 Mass. App. Ct. 258 (2008), an opinion authored by Chief Justice Phillip Rapoza, in which he stated that “[a] summary decision pursuant to Rule 1:28, issued after the date of this opinion may be cited for its persuasive value but . . . not as binding precedent.”

Since the announcement of the policy change, nearly 300 unpublished Appeals Court decisions have been released. Rapoza stated recently that “thanks to the cooperation of the Reporter’s Office, such decisions are now available in a searchable database to which the public has access.” All unpublished decisions issued since Feb. 25, the effective date of the policy change, have been posted at http://www.massreports.com/, the Web site of the office of the Massachusetts Reporter of Decisions. Future summary decisions pursuant to Rule 1:28 will also be available online at that location.

In the past, unpublished Appeals Court decisions were provided to the parties, but were otherwise not widely available, which was one of the reasons for limiting their use. According to Rapoza, the posting of such decisions at the Reporter’s Web site facilitates the court’s change in citation policy because of the broader public access that it provides. Moreover, the decisions are now searchable by docket number, release date, party name, and word or phrase. The service is available at no cost to the public.


Middlesex Law Library closed for move
On Tuesday, May 27, the Middlesex Law Library in Cambridge closed as staff prepares for the move to its new location at 200 Trade Center, 3rd floor in Woburn. An official opening date has not yet been announced.
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Gov. Deval Patrick, SJC Chief Justice Margaret H. Marshall among featured speakers at June 11 World Justice Project conference

Free conference to include two plenary sessions and several interactive breakout groups

MBA members are invited to attend a June 11 World Justice Project conference in Boston on the rule of law in our society and abroad. Co-sponsored by the Massachusetts Bar Association, the Boston Bar Association, the Greater Boston Chamber of Commerce, the Social Law Library and the American Bar Association’s World Justice Project, the program will take place from 7:30 a.m. to noon at the John Adams Courthouse in Boston. 

Agenda

7:30–8 a.m.: Registration/breakfast
8–9:30 a.m.: Welcome: Gov. Deval L. Patrick
Keynote address: Brackett B. Denniston III, senior vice president/general counsel, General Electric Company

9:30–11 a.m.: Breakout sessions

I. Justice at Stake in Massachusetts: Challenges to the Rule of Law

Moderator: The Hon. Robert J. Cordy, Associate Justice, Supreme Judicial Court
Panelists: The Hon. Robert A. Mulligan, Chief Justice for Administration and Management, Massachusetts Trial Court; Hon. Dina Fein, Massachusetts Housing Court; Richard Van Duizend, principal court management consultant, National Center for State Courts

II. Justice and the Environment: Rule of Law and Response to Climate Change

Moderator: Lisa C. Goodheart, Esq., Sugarman, Rogers, Barshak & Cohen
Panelist: Laurie Burt, Commissioner, Massachusetts Department of Environmental Protection

III. Intellectual Property and the Rule of Law: China as a Case Study

Moderator: Ambassador Charlene Barshefsky, partner, WilmerHale, and former U.S. trade representative
Panelists: Paul Dacier, executive vice president, general counsel and assistant secretary, EMC Corporation; Hoil Kim, former vice president for strategic development and general counsel, Cabot Corporation; and Stephen Romine, senior intellectual property counsel, Bose Corporation.                           

11 a.m.–noon: Reports from the breakout sessions.

Closing remarks: The Hon. Margaret H. Marshall, Chief Justice, Supreme Judicial Court of Massachusetts

R.S.V.P. to Kristen DeForrest at (617) 778-1994 or [e-mail kdeforrest]. Space is limited.

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Learn sustainable and cost-effective "green" office practices

MBA President David W. White Jr. will serve as Green Office Workshop keynote speaker

MBA President David W. White Jr. will serve as keynote speaker at the Green Office Workshop on Tuesday, June 24 at the UMass Campus & Conference Center. The workshop will run from 8 a.m. to 2:15 p.m.

MBA Law Practice Management Section Chair Alan J. Klevan, a Pledge Partner of the MBA Lawyers Eco-Challenge, will also participate by leading a half-hour tutorial on creating a paperless office at 10:45 a.m. Klevan will be joined by Boston attorney Jeffrey Glassman, a member of the MBA’s Energy and Environment Task Force.

The workshop is sponsored by the Massachusetts Recycling Coalition, the Massachusetts Operational Services Division, UMass-Boston’s Recycling and Sustainability Program and the MBA. 

MBA members will receive a discounted rate of $45.

Click here for more information.

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Sign the MBA Lawyers Environmental Pledge to participate in the MBA Lawyers Eco-Challenge. By signing the pledge, lawyers agree to do their best to adhere to the MBA Green Guidelines   

 Eco-Tip - June 5

 

Click here to view more Eco-Tips. 

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Preview your June issue of Lawyers Journal online

Issue recaps Eco-Challenge award winners, creation of two new sections, MBA General Counsel Martin W. Healy's appointment to Board of Bar Examiners

The June issue of Lawyers Journal, which MBA members will receive in the mail this week, features full coverage of the May House of Delegates meeting and the unanimous creation of the Juvenile and Child Welfare and Immigration Law sections.

In addition, the June issue outlines the MBA's roundtable series, which aims to cultivate the art of leadership within the MBA community. Lawyers Journal also highlights profiles on four Eco-Challenge participants honored for their strides in greening their practices and MBA General Counsel Martin W. Healy's recent appointment to the Board of Bar Examiners. For an online preview, click here.

Upcoming CLE seminar and roundtable schedule

Join the MBA for a seminar on the recent developments in elder and probate law

CLE Heading

  

 

 

To register for the following programs, call MBA Member Services at (617) 338-0530, [e-mail membership] or visit the CLE Web site.

This week's highlighted programs include:

  • Chronic Pain in Workers Compensation Litigation
  • Recent Developments in Elder and Probate Law
  • How to Prepare For and Respond to Federal Compliance Investigations
  • Bread and Butter Issues in Labor Law: Information Requests and Deferral to Arbitration Luncheon Roundtable (lunch provided)
  • Co-sponsored program: Limited Liability Companies at 20 Cutting Edge Issues 
     

Scroll down for program descriptions, dates and registration details.

SEMINARS

Chronic Pain in Workers Compensation Litigation
Course #: CLJ08
Intermediate level
Tuesday, June 10, 4–7 p.m.
MBA, 20 West St., Boston

The purpose of this seminar is to help workers compensation practitioners whose matters involve claims of chronic pain to better understand the various mechanisms of the condition and the medical evidence for the available therapeutic options. The seminar will also offer an opportunity for dialogue with medical experts involved with the treatment of victims of chronic pain.

For more information, or to register, visit the MBA Calendar.

Recent Developments in Elder and Probate Law
Course #: PLG08
Introductory level
Wednesday, June 11, 4–7 p.m.
MBA, 20 West St., Boston

The MBA’s popular Recent Developments in the Law programs provide an annual update on the most significant cases and changes in the law. This seminar will review the past year’s major court decisions and developments for both elder and probate law.

The practice of elder law requires a constantly evolving knowledge of statutory, regulatory and administrative interpretation, as well as sharp advocacy techniques. This presentation will summarize the national trends in the practice over the past year, and discuss expectations about how Massachusetts practice will consequently evolve. Our expert probate law panelists will provide a review of decisions relating to estates, trusts, fiduciary duties and related tax issues in Massachusetts. Faculty will also discuss recently promulgated rules and forms for guardianship proceedings in the Probate and Family Courts.

For more information, or to register, visit the MBA Calendar.

How to Prepare For and Respond to Federal Compliance Investigations
Course#: LEJ08
Intermediate level
Thursday, June 12, 4–7 p.m.
MBA, 20 West St., Boston

Knock Knock…It’s the Federal Department of Labor (DOL)! Knock Knock...It's Immigration, Customs and Enforcement (ICE)! If DOL or ICE came knocking at your client's door, seeking to conduct a surprise investigation, audit or raid, would they know what to do? Would you? Join us for this timely, practical seminar designed to help you assist your clients in promptly and comprehensively responding to federal audits and investigations, and in helping your clients avoid them. The program will feature panels on both DOL and ICE investigations and compliance.

For more information, or to register, visit the MBA Calendar.

LUNCHEON ROUNDTABLE

Bread and Butter Issues in Labor Law: Information Requests and Deferral to Arbitration
Luncheon Roundtable (lunch provided)
Course #: LEK08
Intermediate level
Thursday, June 12, noon–2 p.m.
Mirick, O’Connell, DeMallie & Lougee LLP, 100 Front St., Worcester

Two of the most common issues for all labor law lawyers are requests for information and deferral issues. NLRB Regional Director Rosemary Pye and Regional Attorney Ronald S. Cohen will review case law and practitioner tips to clarify these problematic topics for both unions and employers. Specific topics will include discussion on weighing the obligation to bargain vs. refusal to provide information and policy issues affecting deferral law. The luncheon roundtable will conclude with a discussion of any questions on recent Board cases and Region 1 procedures.

For more information, or to register, visit the MBA Calendar.

CO-SPONSORED PROGRAM

Limited Liability Companies at 20: Cutting Edge Issues
Friday, June 13, 9 a.m.–5 p.m.
Suffolk University Law School, 120 Tremont St., Boston

Limited Liability Companies, began with Revenue Ruling 88-76, 1988-2 CB 360 on Sept. 2, 1988. In the two decades since, LLCs have grown from a peculiar form of entity, to the predominant form of organization for small business. In 2006 the number of new LLCs grew by 2.8 percent (from 12,283 to 12,639) while the number of new corporations actually declined by 10.2 percent (from 10,953 to 9,831), and in Delaware, the total number of LLCs is more than 40 percent higher than the total number of corporations.

In celebration of the 20th anniversary of the advent of this significant form of business organization, national experts who have watched and helped to develop LLC law gather to provide their insight and analysis. Hear from the authors of the three principal treatises on LLCs, as well as others who have shepherded the development of LLCs.

For more information, or to register, call Suffolk University Law School at (617) 573-8627 or click here.

 

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