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| 03.10.10 | Neal Gerber Eisenberg's "2009-2010: Client Service and Beyond"
Abstract: We invite you to review Neal Gerber Eisenberg’s "2009-2010: Client Service and Beyond.” The document contains a summary of recent firm-related news and developments including: (1) an open letter to clients and friends from managing partner Jerry Biederman; (2) recent noteworthy client representations; (3) firm and individual attorney rankings in Chambers USA and Best Lawyers in America; (4) recent accolades, awards and honors recognizing firm attorneys for the quality of their legal services; (5) recognition of the efforts of firm attorneys in pro bono and community service activities; and (6) other news and developments.
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| 03.01.10 | Employers Need to Prepare for New EEOC Regulations Implementing the ADA Amendments Act
Gerald A. Golden
Abstract: The Americans with Disabilities Act Amendments Act of 2008 (the “ADAAA”) which went into effect on January 1, 2009, imposed across-the-board changes to the Americans with Disabilities Act (the “Act”). The ADAAA offers broad protection to individuals with disabilities by making it easier for individuals to establish they have a disability and garner protection under the Act. The Equal Employment Opportunity Commission (the “EEOC”) published proposed regulations implementing the Act on September 23, 2009. Consistent with Congress’ expressed intent in passing the ADAAA, the proposed regulations broaden the Act’s coverage significantly by expanding the definitions of several key terms and concepts used to determine whether an individual is disabled within the meaning of the Act. This Alert highlights some of the changes proposed by the EEOC.
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| 02.24.10 | Compliance Deadline for New Massachusetts Privacy Regulations Is March 1, 2010
Robert M. Weiss, Amir Azaran
Abstract: The Massachusetts Office of Consumer Affairs and Business Regulation has issued regulations that set forth new data privacy standards regarding the personal information of Massachusetts residents. The regulations define “personal information” as a first and last name or first initial and last name, coupled with any one of the following: (a) Social Security number; (b) driver’s license or state-issued ID number; or (c) financial account or credit/debit card number. If your organization, in the course of its business, receives, maintains, processes, or otherwise has access to the personal information of Massachusetts residents (whether your customers or employees), by March 1, 2010, you must develop, implement, and maintain a comprehensive information security program that meets certain criteria, and you must implement certain types of computer system security, as further described in this Alert. |
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| 02.23.10 | The L3C: A Hybrid Passthrough
CCH's Journal of Passthrough Entities
Lawrence I. Richman
Abstract: At the juncture of the for-profit and not-for-profit worlds rests a new form of limited liability company, the L3C, the low profit limited liability company. By combining for-profit businesslike returns with socially responsible noneconomic objectives, the L3C is a hybrid passthrough organization. This column is intended to provide a structural overview of the low profit limited liability company and some ways in which this hybrid can respond to today’s economic and social environment. Neal Gerber Eisenberg Private Wealth Services Practice Group chair Lawrence I. Richman authored an article that appears in the January-February 2010 edition of CCH's Journal of Passthrough Entities.
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| 02.23.10 | Wrongful Escheatment Cases Illustrate Importance of Holder Due Diligence
CCH's Journal of Passthrough Entities
John A. Biek
Abstract: As several previous articles have discussed, state unclaimed property laws require a business (referred to as a “holder”) to report and deliver long outstanding liabilities on its books and records to the state so that this unclaimed property can be reunited with its owner. Before reporting the unclaimed property to the state, the holder is usually, first, required to provide written notice of the existence of the unclaimed property to owners for whom the holder has a name and address (provided their unclaimed property items have more than a minimum value) in order to give those owners an opportunity to reclaim their property from the holder before it delivers the property to the state. However, holders do not always comply with these state “due diligence” notice rules, sometimes finding it more expeditious to deliver the unclaimed property straight away to the state and hope that the holder will be indemnified by the State in the unlikely event that the owner later attempts to reclaim the property from the holder. A trio of recent wrongful escheatment cases point out the peril that such holders may find themselves in if they shortcut the state due diligence rules. Neal Gerber Eisenberg Tax Practice Group partner John A. Biek authored an article that appears in the January-February 2010 edition of CCH’s Journal of Passthrough Entities.
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