: Litigation, Mediation & Arbitration

The answer, at least in Massachusetts, is yes. In Cesar v. Sundelin, the Massachusetts Appeals Court recently ruled that, in dividing a marital estate that includes a family business.

In "Berkowitz v. Berkowitz", Civil Action No. 11-10483-DJC, 2012 U.S. Dist. LEXIS 31487 (D. Mass. March 9, 2012), the U.S. District Court denied a motion to dismiss a complaint alleging breach of an oral trust.

It depends on what you mean by "Will."

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign litigation.

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their repurchase rights. Consequently, New York property owners, who were unapprised of their repurchase rights, will be unable to challenge the foreclosure on that basis.

Based upon a recent decision of the Massachusetts Appeals Court, a Lender’s inability to produce an original, or a copy, of a promissory note secured by a mortgage may impair the Lender’s ability to foreclose upon its mortgage.

On May 9, 2012, the Securities and Exchange Commission ("SEC") charged former Detroit mayor Kwame M. Kilpatrick, former city treasurer Jeffrey W. Beasley, MayfieldGentry Realty Advisors, LLC ("MGRA") a registered investment adviser, and Mayfield the CEO and majority owner of MGRA, in connection with allegations that they were involved in a secret exchange of lavish gifts to peddle influence over Detroit’s public pension funds’ investment process.

A recent California federal court decision denied certification to a putative class of Facebook "cost-per-click" advertisers who allegedly were charged by Facebook for fraudulent or invalid clicks on their advertisements.

On February 16, 2012, the Consumer Financial Protection Bureau ("CFPB") proposed a new rule which defines the contours of CFPB’s authority to supervise certain debt collectors and consumer reporting agencies to ensure their compliance with federal consumer financial laws ("Proposed Rule").