More and more Americans are faced with the prospect of outliving their resources and rely on Medicaid to bridge the gap between expensive long-term health care and dwindling personal assets. Eligibility for Medicaid assistance, however, requires that an applicant's...
On April 20, 2017, the Supreme Court issued a decision in Glassie v. Doucette, No. 2014-108-Appeal (R.I. 2017), holding that a Trust beneficiary lacked standing to sue as a third party intended beneficiary of a contract which called for the creation and funding of the...
Proposed 2704 Regulations, as they are now drafted, would make vast and substantial changes to the valuation of interests in many family-controlled entities, such as a Family Limited Partnership (FLP) or Limited Liability Company (LLC), for purposes of estate, gift,...
This past June, the IRS issued a Private Letter Ruling (201623001) which impacts surviving spouses in community property states. The decedent and the surviving spouse were married in 2004 and lived in a community property state. They had a son, whom the decedent named...
In December of 2015, the Rhode Island Supreme Court provided guidance on the duties an attorney advising a trustee owes to the trust's beneficiaries. Audette v. Poulin, 127 A.3d 908 (R.I. 2015). Audette, the beneficiary of a trust, brought claims of negligence and...
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry...
A wise person learns from the mistakes of others; and recently, the health IT industry was afforded such a learning opportunity by a well-known EHR platform. athenahealth, Inc. (Athena), an industry-leading EHR vendor, agreed to pay $18.25 million to resolve...
Early in the COVID-19 pandemic, we wrote about the legal concept of “force majeure” clauses found in some business contracts. A force majeure clause excuses a party from performing its obligations under a contract based upon some unforeseen and serious event such as a...
It is widely recognized that the system of corporate governance is a key approach to preserving and protecting an enterprise and its stakeholders by checks and balances among the board and officers of a corporation. Strong governance policies make it possible to...
In 2017, the State of Rhode Island expanded its medical marijuana program by creating a licensing process for the cultivation and manufacturing of cannabis and cannabis products for sale at the State’s three sanctioned compassion centers. By all accounts – industry...
A recently published article by the Harvard Law School Forum provides valuable insight to the multiple challenges being faced due to the pandemic. Although businesses have readily discussed the actions to be taken in the event of a pandemic, the scope of challenges...
Employers in the four easternmost New England states should be aware of recent case law that may radically impact their obligations under the Americans with Disabilities Act (“ADA”). Federal courts in those states are subject to the guidance of the U.S. Circuit Court...
On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to the definition of “accredited investor.” The amendments permit investors to qualify as accredited investors based upon additional criteria focused on financial sophistication,...
On September 22, 2020, the U.S. Department of Labor (the “DOL”) released a proposed regulation addressing when a service provider should be classified as an independent contractor rather than an employee. The change is important to both employers and service providers...
Massachusetts and Rhode Island are among those states that have enacted a Wage Act, under which employees who receive less than their full compensation due can sue for treble damages. In fact, in Massachusetts, a Wage Act violation leads to mandatory treble damages....
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