Tag Archives: Davis Malm

DAVIS MALM ATTORNEY THOMAS S. FITZPATRICK CO-CHAIRS MCLE 12TH ANNUAL NEW ENGLAND BUSINESS LITIGATION CONFERENCE

On January 25, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the 12th annual “New England Business Litigation 2013” conference hosted by Massachusetts Continuing Legal Education. Mr. Fitzpatrick presented with co-chair Michael F. Connolly at the opening program “Introduction & Key Cases: Year-in Review.” He also moderated the program “Federal Judicial Panel,” which provided insightful, practical tips from Magistrate Judge Judith G. Dein, Judge F. Dennis Saylor IV, and Judge Richard G. Stearns.

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SAMUEL B. MOSKOWITZ SERVES AS MASTER OF CEREMONIES AT EQUAL JUSTICE COALITION’S BEACON OF JUSTICE AWARD RECEPTION

On January 17, Samuel B. “Sandy” Moskowitz, Davis Malm shareholder and chair of the Equal Justice Coalition, served as the master of ceremonies at the Equal Justice Coalition’s Beacon of Justice Award reception. Awards were presented to four legislators who were selected for their outstanding support of state funding for the Massachusetts Legal Assistance Corporation. The Massachusetts Legal Assistance Corporation makes grants to organizations that provide civil legal services to low-income residents.

The honorees were House Speaker Pro Tempore Patricia Haddad (D-Somerset), Senate President Pro Tempore Stanley Rosenberg (D-Amherst), Rep. Ruth B. Balser (D-Newton), and Sen. Brian Joyce (D-Milton).

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Fiscal Cliff Averted: A Breakdown of the American Taxpayer Relief Act of 2012

On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012. The new law is a partial resolution to avert the looming fiscal cliff, and it addresses many tax provisions that were set to expire at the end of 2012. The following is a summary of some of the major provisions included in the Act as they pertain to:

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Kendra Kinscherf and Daniel Janis Participate as Jurors at Discovering Justice and Citizen School’s Evening of Mock Trials

On December 4, Kendra Kinscherf and Daniel T. Janis participated as jurors at the Evening of Mock Trials at the Moakley U.S. Courthouse. Discovering Justice and Citizen Schools’ Evening of Mock Trials occurs each May and December after a ten-week Legal Apprenticeship Program, in which students from Boston public middle schools work with local attorneys to prepare cases for mock trial. Attorney mentors, family, and supporters gather to watch the student “attorneys” litigate cases before real judges and juries.

Kendra Kinscherf practices in the Litigation, Real Estate, and Employment areas and focuses on commercial, land use, real estate, environmental, and employment litigation. She also has experience in health, discrimination, employment, and corporate law. Prior to law school, Kendra worked for several nonprofit and environmental organizations assisting in real estate transactions, title reviews, and drafting proposed legislation.

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Deadline Looming: Amendments to Many Executive Agreements Required by December 31

BACKGROUND

IRC §409A is the 2004 tax statute that was meant to regulate deferred compensation earned by employees and specified independent contractors. There is an important December 31 deadline. Any 409A plan or agreement (see the chart below) which requires a service provider to execute a release or other commitment before payment must be amended by December 31, 2012. In addition, the tax return of the “service recipient” which pays the deferred compensation must contain a schedule advising that the amendment has been executed. Without that two-step process, which IRS considers a correction, there can be serious penalties on the service provider of at least 20% of the amount involved, in addition to regular taxes. The IRS concern is that service providers can time the receipt of deferred compensation, either by signing releases quickly or delaying signature so that the release or commitment is not effective until a later year.

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DAVIS MALM ACHIEVES VICTORY IN FIRST CIRCUIT COURT OF APPEALS RETALIATION CASE

Davis Malm, led by attorney Gary M. Feldman, achieved a significant victory for its client, Lawrence Trainor, in Lawrence Trainor v. HEI Hospitality, LLC. On October 31, the United States Court of Appeals for the First Circuit issued a 38-page decision in this unlawful retaliation case, substantially affirming the judgment entered by the district court after an eight-day trial. The court stated in its decision, “This case was tried cleverly, by skilled counsel on both sides…The briefs on appeal are stellar.” Davis Malm successfully tried this retaliation case in federal court in Boston and an eight member jury awarded Mr. Trainor $2.25 million after unanimously finding that HEI Hospitality had retaliated against him when he asserted his legally protected right to resist age discrimination. Thereafter, the court ruled on all post-trial motions and entered a judgment in excess of $4 million, including attorney’s fees, plus pre-judgment interest, which the defendant appealed.

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DAVIS MALM COLLABORATES WITH LONG-STANDING CLIENT CLEAN HARBORS, INC. IN ITS ACQUISITION OF SAFETY-KLEEN, INC.

Davis Malm attorneys C. Michael MalmJohn D. Chambliss, and Daniel T. Janis represented long-standing client Clean Harbors, Inc. (NYSE: CLH) in its recently signed definitive agreement to acquire Safety-Kleen, Inc. Safety-Kleen is the largest re-refiner and recycler of used oil in North America and a leading provider of parts cleaning and environmental services. Under the terms of the agreement, Clean Harbors will purchase Safety-Kleen in an all-cash transaction valued at $1.25 billion. The acquisition is subject to approval by U.S. and Canadian regulators, as well as other customary closing conditions. The transaction is expected to be completed by year-end.

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A Section-by-Section Analysis of Chapter 23L,

A new Chapter 23L of the Massachusetts General Laws was enacted on August 7, 2012 as part of Chapter 238 of the Acts of 2012, “An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth” (St. 2012, c. 238, §14). It takes effect 90 days later, on November 5, 2012.

Introduction

Chapter 23L provides Massachusetts municipalities an option to approve “special assessment financing” of public infrastructure to support private development or community projects. Special assessment financing is a proven method of tax-exempt financing used successfully in other states for many years.

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TWENTY-ONE DAVIS MALM ATTORNEYS LISTED IN 2012 MASSACHUSETTS SUPER LAWYERS and Rising Stars

Davis, Malm & D’Agostine, P.C. is pleased to announce that twenty-one of its attorneys were selected for inclusion in the list of 2012 Massachusetts Super Lawyers and Rising Stars. Super Lawyers®, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-­phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The results are published in a supplement to the November 2012 issue of Boston magazine and in New England Super Lawyers, published by Thomson Reuters.

The following Davis Malm lawyers were listed in the respective practice areas:

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TWENTY-ONE DAVIS MALM ATTORNEYS LISTED IN 2012 MASSACHUSETTS SUPER LAWYERS AND RISING STARS

Davis, Malm & D’Agostine, P.C. is pleased to announce that twenty-one of its attorneys were selected for inclusion in the list of 2012Massachusetts Super Lawyers and Rising Stars. Further distinctions were given to Paul L. Feldman, named to the list of Top 100 Massachusetts Super Lawyers; Laurence M. Johnson, named to the lists of Top 100 New England and Top 100 Massachusetts Super Lawyers; Marjorie Suisman, named to the list of Top 50 Women Massachusetts Super Lawyers; and Michael D. Weisman, named to the lists of Top 100 New England and Top 100 Massachusetts Super Lawyers.

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