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Update: EB-5 Regional Center Program Receives Short-Term Extension
Practice: EB-5 Financing, Real Estate
On September 29, 2016, as part of recently enacted federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 9, 2016

Massachusetts State Building Code Update:  Amendments to 8th Edition adopted effective August 12th with Concurrency Period until January 1, 2017
Practice: Real Estate
On July 19, 2016, the Massachusetts Board of Building Regulations and Standards voted to approve certain amendments to the energy provisions of the 8th Edition of the Massachusetts State Building Code under 780 CMR 13 (commercial energy efficiency standards), section 11 of 780 CMR 51 (residential energy standards), and 780 CMR 115 Appendix AA (Stretch Energy Code). 

Proposed Rules Would Limit Valuation Discounts for Family Controlled Entities
Practice: Private Client & Trust, Tax
On August 2, 2016, the Internal Revenue Service proposed regulations that would severely limit valuation discounts for lack of marketability and lack of control that taxpayers have historically applied for federal gift, estate and generation-skipping transfer tax purposes when transferring interests in family controlled entities. Taxpayers who want to take advantage of traditional discounts must do so before the proposed regulations are finalized, which may be as early as December.

T&E Litigation Newsletter- 8/10/16
Practice: Private Client & Trust, Probate & Fiduciary Litigation
On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among many members of the family law, estate planning, and trust bars.

T&E Litigation Newsletter- 7/13/16
Practice: Private Client & Trust, Probate & Fiduciary Litigation
The first two weeks of July have brought us some warm weather and three new decisions worth noting.

T&E Litigation Newsletter- 7/5/16
Practice: Private Client & Trust, Probate & Fiduciary Litigation
Two decisions issued in June will be of interest to probate litigators and estate planning lawyers.  

Department of Labor Doubles Salary Basis Test for Overtime Exemption
Practice: Employment
In 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) to update the regulations defining which workers are protected by the Fair Labor Standard Act's (FSLA) minimum wage and overtime standards. The DOL had last updated the FLSA’s overtime regulations in 2004. The 2004 update set the minimum level for those employees who were not entitled to overtime so long as they performed qualifying job duties at $455 per week. 

T&E Litigation Newsletter- 5/25/16
Practice: Private Client & Trust, Probate & Fiduciary Litigation
In the past month, there were three decisions of note.First, in the case of Caffrey v. U.S. Trust, Case No. 15-P-920, 2016 Mass. App. Unpub. LEXIS 454 (Apr. 27, 2016), the Appeals Court was confronted with the question of whether an award of legal fees to a lawyer for an estate comes with prejudgment interest.  The Court’s answer was no.

Texts that Bind: Text Messages May Form Binding Real Property Contract
Practice: Real Estate, Real Estate Litigation
Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute the signing of a binding contract for the purchase of a commercial property.  

T&E Litigation Newsletter- 4/27/16
Practice: Private Client & Trust, Probate & Fiduciary Litigation
On March 25, the First Circuit Court of Appeals issued a ruling in a breach of fiduciary duty case that turns, in part, on an analysis of the Supreme Judicial Court’s 2014 decision on damages in the widely-discussed matter of The Woodward School for Girls, Inc. v. City of Quincy, 469 Mass. 151 (2014).  
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