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  • Much Ado About Digital Assets

    Recently, a widow in Canada made news when Apple told her she needed to obtain a court order to access her late husband’s Apple account in order to continue playing a card game on their iPad. How can that be? Well, terms of service agreements and privacy policies govern access to social media and email… Continue reading »

  • Grandparents Take Note

    Grandparents, take note. I expect that you will readily nod your head when reading: parents have a Constitutional right “to make decisions concerning the care, custody, and control of their child[ren]” Blix v. Blixt, 437 Mass. 649, 651, 655 (2002), and yet not fully grasp the legal and practical implications of the Blixt holding. If… Continue reading »

  • So, What Makes a Good Client? Revisited

    In the summer of 2011, I wrote an article about what makes a good client. Since then, I have noticed that there are more specific qualities that I feel need to be present. So, what makes a “good client?” The glib answer, for many attorneys, continues to be simply: a client who pays their bills!… Continue reading »

  • The Birds and the Bees…and the Egg Donor and the Agency?

    With the advent of emerging technologies come new ways to start a family. Infertile couples and individuals now have a variety of options to become parents, from egg and sperm donation to surrogacy and embryo preservation. Such technologies are a dream come true for those who want children but cannot conceive. The law, however, is… Continue reading »

  • The End of Fishing Expeditions – Proportional Discovery Comes to the Federal Courts

    The concept of relevance and how it impacts discovery can be strange for clients. Under Rule 26 of the Massachusetts Rules of Civil Procedure, a litigant is entitled to seek discovery regarding anything that is relevant to the case. For something to be discoverable it does not need to be admissible itself, but rather reasonably… Continue reading »

  • November is National Adoption Month

    November is National Adoption Month. In the past, I have written about the probate courts opening their doors, judges clearing their dockets and making adoption a priority in the month of November. This process quickens the pace to allow children who have been waiting for permanency their day in court. However, I am troubled by… Continue reading »

  • Substituted Judgment: Limits to a Guardian’s Powers

    Every day judges in the Probate and Family Courts appoint guardians of minor children if their parents are deemed unfit, unavailable or deceased. Once appointed, a guardian has almost the same powers and responsibilities of a parent regarding a child’s support, care, education, health and welfare. The guardian can make many routine decisions about the… Continue reading »

  • It’s Never Too Late

    When most of us think about adoption, the image of a child with an eager adoptive parent or couple comes to mind. The understanding is that this new parent will take the child in and raise him as his own, creating a bond between new family members. What many would be surprised to learn, however,… Continue reading »

  • Power to the People ///Wage Act

    There was a recent case which ruled that an employee can sue in the small claims session of the District Court (“Small Claims Court”) under The Massachusetts Weekly Payment of Wages Law (the “Wage Act”). The Wage Act is the most important protection for employees’ wages in Massachusetts. If your current or former employer has… Continue reading »

  • Don’t Believe Everything You Read (On the Web)– The SJC Weighs In On What A Reliable Online Source Is

    While searching for something on the internet we all have a personal gauge as to how trustworthy a website is. Information learned from the website of a highly respected medical institution would likely fall on the trustworthy side of the scale. But does that mean that those same webpages can be used at trial? The… Continue reading »

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