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So far Robert Pellegrini has created 87 blog entries.
15 10, 2014

More on Non-Competes (or perhaps, more appropriately, “moron” non-competes!)

October 15th, 2014|

In the recent RE/MAX of New England, Inc. et al. v. Prestige Real Estate, Inc. et al decision, the U.S. District Court gave further pause to parties intending to enforce their non-compete clause. In the case at hand, the plaintiff parent company was intending to prevent the defendant from competing in its market after leaving RE/Max for several specific reasons that were not contested. The court, however, cited to the Lombard Medical Technologies decision, whereby

9 10, 2014

Employers Beware: Consider Proper Documentation When Hiring

October 9th, 2014|

When hiring a new employee, employers often don’t adequately consider the “end” of the relationship and how important that can be to the future of their company. When hiring an employee, it is important that, as part of the hiring process, the employer consider having the employee sign both a non-competition agreement and a non-disclosure agreement. In the recent decision in, Scientific Corp. v. Lee, the U.S. District Court very clearly addressed the issue of

1 10, 2014

Condominium Restrictions On The Right To Rent

October 1st, 2014|

It is becoming ever increasingly common to find condominium association documents seeking to limit unit owners' rights, in the attempt to restrict activity that could impact other unit owners' quiet enjoyment of their units.  A more common target of these restrictions is the unit owners' right to rent their unit. Dating back to 1975, Massachusetts case law has supported the administrative rights to restrict use and operation of common areas, in recognizing the c. 183A,

23 09, 2014

Injured Massachusetts Correctional Officers Entitled to More Than Just Workers’ Compensation

September 23rd, 2014|

In a recent case, William Benson v. Commonwealth, the Massachusetts Court of Appeals held that assault pay, in addition to Workers’ Compensation benefits, is available to corrections officers injured on the job as a result of inmate violence.  The Court of Appeals did distinguish between the two benefits in regards to how the amounts are calculated.  The Court of Appeals ruled that additional pay, such as night-shift differential and weekend differential, is included in the

15 09, 2014

Why Should You Seek A Variance?

September 15th, 2014|

Have you read the legal justifications to obtain a variance?  The grant of a variance in Massachusetts is nearly indefensible!  Whenever I see a savvy board or a potentially problematic abutter, I suggest to my clients that they look to Chapter 40A, Section 6, whenever possible.  A “finding” under this section only requires a Special Permit, and therefore has a much lower threshold for approval. Of course, you cannot seek a “finding” for just any

14 09, 2014

Boston Globe Features PK Boston in Cambridge Courthouse Zoning Story

September 14th, 2014|

Cambridge courthouse fight could affect other state properties (Boston Globe) Robert Pellegrini, a land-use lawyer based in Bridgewater, said he would be surprised if the courthouse neighbors emerge victorious. Such a decision, he said, would make it harder for cities and towns to clean up blighted government properties. Read the full article at bostonglobe.com...    

9 09, 2014

Earn Out Solution

September 9th, 2014|

Often times, there can be a significant difference between what your business owner thinks her business is worth, and what a buyer is willing to pay.  A common issue is that business valuation is a difficult task and simply cannot always be quantified.  A creative solution can often take the shape of a simple, well-written Earn-out agreement.   An Earn-out agreement can provide the business seller with the opportunity to prove the worth of her

3 09, 2014

What Rent Will a Holdover Tenant Have to Pay?

September 3rd, 2014|

Recently, in the case of Townhomes of Beverly v. Luangrath, the Appeals court answered this question. In the Luangrath case, the court first looked to the plain language of the Lease.  The court properly recognized the defendant as a “tenant at sufferance”, and noted that the correct measure of damages is the ‘then current fair rental value’ of the premises, unless, of course the Lease (contract) determines otherwise. In the Luangrath’s case, the lease provided

26 08, 2014

Judgment Creditor Priority with the New Probate Code

August 26th, 2014|

        There have been plenty of new topics to learn, as a result of the newly enacted Massachusetts Uniform Probate Code (“MUPC”) in Massachusetts.  Yet another one was manifest in the recent nine-page decision of In Re: Estate of O’Brien.                  In the O’Brien case, the court determined that a secured judgment lien—in this case, that a woman held on property in her late brother’s

1 08, 2014

Statute of Frauds and Agreements for an Interest in Land

August 1st, 2014|

Massachusetts Courts have continued to reinforce the language of Mass Gen. Laws Ch. 259, §1 which states “… In Massachusetts, a party may not prosecute a claim for breach of contract concerning [land] … unless the promise, contract or agreement upon which [an] action is brought … is in writing and signed by the party to be charged therewith.”  In Von Papen v. Rubman, et al. an oral agreement to lease property was made between