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Highlights of the New MA Cannabis Reform Act

Highlights of the New Massachusetts Cannabis Reform Act

Massachusetts Governor Charlie Baker signed into law all but one section of Senate Bill S3096, “An Act Relative to Equity in the Cannabis Industry,” which took effect July 31, 2022 (the Act). The Act, as amended by the Governor, was enacted as Chapter 180 of the Acts of 2022.

As indicated by the title, a principal feature of the Act is to establish a new funding mechanism to support cannabis ventures led by social equity and economic empowerment program participants certified by the Cannabis Control Commission (CCC). The Act also implements various other enhancements and reforms to Massachusetts cannabis, including:

  • confirming the costs potentially chargeable to cannabis licensees subject to the three percent (3%) state law cap;
  • expressly granting the CCC authority to review Host Community Agreements (HCAs) between municipalities and cannabis applicants;
  • extending the potential HCA payment period from five years to eight years;
  • requiring municipalities to furnish documentation of costs being attributed to cannabis licensees as a required condition for requesting HCA payments from the licensee;
  • establishing a process for municipalities to authorize social consumption establishments (so-called cannabis cafes); and
  • reversing the former application of U.S. tax code Section 280E for Massachusetts state tax purposes that had previously substantially limited the ability of Massachusetts cannabis ventures to claim ordinary business deductions on state tax returns.

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ILN Today Post

Davis Malm Welcomes Jennifer Salerno

Davis Malm is happy to announce that Jennifer Salerno has joined the firm. Jenn will continue to advise clients in all aspects of family law matters, including divorce, custody, child removal requests, and international child abduction cases.
Jenn brings both expertise and compassion in helping clients navigate the emotional and financial aspects of divorce. Her communication skills and attention to personalized service make her a valuable addition to our expanding family law practice.
We look forward to working with Jenn and warmly welcome her to our team.
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Robert J. Munnelly, Jr. Authors Chapter for MCLE’s Hanging Your Shingle

The chapter, “Data Security,” provides guidance on the data security legal requirements that affect small practices, including breach notifications, risk assessment, encryption, and password suggestions. The chapter also discusses how to develop and implement a Written Information Security Plan (WISP).

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Davis Malm Attorneys Walk to the Hill for Civil Legal Aid

On January 26, 2018, Davis Malm attorneys joined nearly 700 lawyers, judges, and other legal professionals for the 19th Annual Walk to the Hill for Civil Legal Aid. The Davis Malm contingent was led by Daniel T. Janis and Samuel B. Moskowitz, and included C. Michael MalmHaritha D. AmbrosJames E. Gallagher, and Alicia R. Selman.

One of the largest lobbying events on Beacon Hill, the Walk to the Hill traditionally draws hundreds of lawyers to the State House to request their legislators’ support for civil legal aid funding. This year, the Equal Justice Coalition’s legislative funding campaign called on state lawmakers to provide $23 million in funding for the Massachusetts Legal Assistance Corporation (MLAC) line item in the Fiscal Year 2019 state budget.

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Joshua S. Grossman and Gary S. Matsko to Present at MCLE’s 17th Annual Business Litigation Conference

Mr. Matsko’s panel, “Unexpected Liabilities and Exposures,” will discuss unforeseen issues, including the role of the de facto merger doctrine in the sale of corporate assets, provide insight into how courts apply the de facto merger doctrine to avoid unfairness to stockholders or creditors, and analyze the conditions that may be imposed to avoid possible application of the doctrine.

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Lawrence J. Casey and Richard L. Sampson Present at New England Business Association’s “Protect It” Event

The program addressed the challenges that small business executives face when trying to protect their IP, money, and network security. Panelists reviewed and explored various methods of protecting against piracy, breach of confidentially, and cyber-attacks through the use of technology, insurance, and legal protection.

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Amy L. Fracassini Elected Davis Malm President

Amy exemplifies all of the traits and characteristics of Davis Malm’s brand and culture. She is a talented attorney who is passionate and committed to client service and to serving the firm. Her leadership, business, and client skills make her an ideal choice to lead our firm as we build on our strengths and expand on opportunities. Paul Feldman, Past President

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Paul L. Feldman Co-Chairs MCLE’S “Zoning Practice” Program

The full-day program covered a wide range of zoning topics, and Mr. Feldman’s presentation focused on obtaining special permits and variances under municipal zoning by-laws.

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It’s a New Year: Time For a Data Security Checkup

The start of a new year is a great time to check your company’s overall cybersecurity and privacy health and fix any problems early in the budget cycle. Below are some key questions to ask your information technology, human relations, and legal personnel to ensure your company’s data security and privacy policies will keep you safe throughout 2018. 1. Does your company have a written information security plan (WISP) that includes all of the following:

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Daniel T. Janis Elevated to Shareholder

“We are delighted to welcome Dan as our firm’s newest shareholder. His talent, passion, and experience represent the finest that Davis Malm has to offer, and I am confident he will contribute to the success of our clients and firm for years to come.” Paul Feldman, Firm President

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