On October 7, 2010, Davis Malm attorneys Samuel B. (Sandy) Moskowitz and Rebecca L. Andrews won a significant victory for their condominium-unit-owner clients in a much-anticipated Massachusetts Land Court decision supporting developer flexibility in setting percentage interests in condominiums containing affordable housing units. The case involved a challenge to a 20-year old condominium’s schedule of percentage interests by the owners of units subject to affordable housing restrictions limiting the prices at which they could be sold. Those owners had argued that, in setting the percentage interests in 1988, the developer had unlawfully ignored the price restrictions on the affordable units and thus assigned percentage interests to those units that were too high, leading to the affordable units being overcharged for common expenses for 20 years. Judge Trombly of the Land Court rejected their arguments, ruling that the Condominium Statute did not obligate the developer to set the units’ percentage interests based on their original sale prices and that the developer had properly taken other considerations into account when he assigned percentage interests per the units’ relative “fair values,” as the Statute provided. While the decision was pending, the Condominium Statute was amended to provide more flexibility in this regard, but it is not clear that the amendment can be applied retroactively and it was not a factor in the Court’s decision.

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Davis Malm is pleased to announce that Paul L. FeldmanDavid Rapaport, and Michael D. Weisman have been selected 2011 “Best Lawyers in America” for their exceptional work in their respective areas of Real Estate Law, Labor and Employment Law, and Personal Injury Litigation. Selections are featured in the just-released 2011 edition of The Best Lawyers in America and will be excerpted in theBoston Globe in 2011. Please click here to see Davis Malm’s listing in the 2011 edition.

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FDA Accepting Comments on Proposed Program to Integrate FDA Premarket Approval and CMS Coverage Decision-Making Process

On September 17, 2010, the Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Food and Drug Administration (“FDA”) issued a notice in the Federal Register requesting public comment on a proposed new program referred to as “parallel review” (“Comment Request”).[1] This program would give drug and device sponsors the option of receiving an FDA premarket evaluation and a Medicare National Coverage Determination at the same time. By reducing the waiting times associated with CMS and FDA product evaluations and decreasing the likelihood that product sponsors will have to conduct separate clinical studies for each agency, CMS and FDA believe that parallel review will hasten consumer access to new innovative products and minimize the burden that FDA reviews and Medicare National Coverage Determinations impose on drug and device sponsors. These changes will not only affect parties who are interested in drug and device innovation, but providers, payers, and health care consumers as well.

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Miller Samuel Shortlisted at Law Awards of Scotland 2010

We are delighted to announce that we have been shortlisted for three categories at the prestigious Law Awards of Scotland 2010. The awards are a recognised highlight in the Scottish legal community and celebrate, in their own words, “fantastic thinking and brilliant execution”.

We are shortlisted in the following categories:

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RSS celebrates its 90th birthday

Much ink has flowed since April 20, 1921, when the two founders of RSS began their partnership.  Since then, RSS has continued to grow and to evolve to serve the best interests of its clients.  In 90 years, the firm has grown from two to over eighty legal professionals. Today, more than 160 people work at RSS daily. Together, they have all contributed to what RSS has become today, a firm with a renowned reputation in the local, national and international community.

RSS is proud to celebrate 90 years of existence and would like to take this opportunity to thank its clients and employees for their loyalty.  Despite the tremendous growth and the many changes experienced by RSS, what it takes to build and maintain the RSS Team never changes; to name just a few of these components, professionalism, dedication, attention given and goodwill.

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It’s employee’s week at RSS

This year, from April 28 to May 6, RSS will highlight several activities and gifts in appreciation of its employees.  As usual, RSS will begin Employees’ Week with a “5 à 7″ cocktail and a ceremony that honors and acknowledges the contribution of our dedicated support staff  and  colleagues who have devoted 5, 10, 15, 20, 25 , 30, even 35 years or more of service.  Other surprises will follow throughout the week.  Only the best for our employees who demonstrate every day their dedication to the prosperity of the firm and its clients.  We can never say, or do enough, to let them know how much we are proud and appreciative of them.

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RSS’ motto: helping others

Since its inception a year ago in June 2010, the Robinson Sheppard Shapiro Foundation and RSS, through donations from its employees and RSS itself, has supported so far more than forty regional organizations and redistributed in excess of $55,000.00.  We are proud to be able to give back to the community and to those in need.

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A well deserved acknowledgement

Charles E. Flam, Managing Partner and Senior Attorney in both civil and corporate litigation at RSS, was selected for fellowship, in March, 2011, in the New York-based Litigation Counsel of America.  Me Flam became the 7th Quebec attorney to be recognized by this distinguished honorary society, and is one of only 59 Canadian attorneys who have been inducted as Fellows.   Fellows are invited for membership following a thorough review of their career, reputation and ethical values.  We are honored to have Me Flam, who is recognized amongst the best litigators across America, as part of both our management and legal teams.

To learn more about Me Charles E. Flam and the services he offers, please consult his profile.

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A team striving for perfection

RSS is proud to celebrate the accomplishment of one of its Partners, Martin Lord, who has recently obtained a “Diplôme d’études supérieures spécialisées (D.É.S.S.)” from the University of Montreal in North American Common Law. Me Lord, a Partner and Attorney at RSS since 1992, is an experienced tax professional who continually strives to update his knowledge in his specialized field so as to better serve his clients.

To learn more about Me Martin Lord and the services he offers, please consult his profile.

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Appointment of a partner

It is with pleasure that we announce the appointment of Me Émilie Germain-Villeneuve as a Partner of RSS.  Me Germain-Villeneuve started her career with RSS as a student in 2001 and as an attorney in Insurance Law in 2003.  She also serves on the Recruitment Committee of Students and Interns.

It is an honor to have Me Germain-Villeneuve within the RSS Team.

To learn more about Me Émilie Germain-Villeneuve and the services she offers, please consult her profile.

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