Representation and warranty insurance (“RWI”) has been around for some time. Historically, it was most commonly used in large transactions, often involving publicly traded companies. However, in recent years it has become much more common in smaller, private, “middle...
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Equal Access To Justice Act Determined To Be Inapplicable To Non-Parties
The Equal Access to Justice for Small Businesses and Individuals Act (“EAJA”) is a legislative enactment whose purpose is to “mitigate the burden placed upon individuals and small businesses by the arbitrary and capricious decisions of administrative agencies made...
DOL Releases Two Final Rules on Overtime Pay Under The FLSA
Two new final rules have been released by the Department of Labor (“DOL”) which update the Fair Labor Standards Act (“FLSA”). These rules will impact how an employer calculates paying an employee overtime under the FLSA. 1. The DOL released a final rule on September...
Project Nightingale: Take-Away Lesson for Providers and Payors
There has been much ado lately about a newly-revealed joint venture between Ascension Medical Group and Google. Ascension is the nation’s largest non-profit health care system; Ascension Medical Group is the company’s subsidiary physician group, with facilities in...
THE SAME-PROTECTED-CLASS INFERENCE: COMPLAINTS OF DISCRIMINATION IN THE WORKPLACE
Diversity, equity, and inclusion is an integral part of today’s work environment. Many clients have inquired into whether an employee in a particular protected class could discriminate against another employee in that same protected class. The answer to that...
CREATING LEGAL DOCUMENTS: ARE YOU USING THE “RIGHT TOOL” FOR THE JOB?
When it comes to crafting your legal documents, such as Wills, LLC formations, etc., there are endless options. Should you utilize an online tool, such as Legal Zoom, or seek a legal professional to produce your legal documents? In this article, PLDO Trust &...
MEDICAID PLANNING AND THE CAREGIVER CHILD EXCEPTION
In this day and age, there is no denying that prices for most things are skyrocketing and skilled care for an aging parent is no exception. If an aging parent’s health has declined significantly enough, the parent could face the prospect of admission to a nursing home...
DOES AN AGENT UNDER A POWER OF ATTORNEY HAVE THE AUTHORITY TO CREATE A TRUST IN MASSACHUSETTS?
A Power of Attorney (“POA”) is an important estate planning tool and legally binding document that gives another person, chosen by you, the power to act as an agent on your behalf. Within the last year, the Massachusetts Supreme Court issued a decision effecting the...
HOW CHANGES TO RHODE ISLAND’S DECEPTIVE TRADE PRACTICES LAW MAY IMPACT YOUR BUSINESS
In August of 2021, Governor McKee signed into law a significant change to Rhode Island’s Deceptive Trade Practices law. Prior to August 2021, the state’s Deceptive Trade Practices law was held to be inapplicable to “all those activities and businesses which are...