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RICHARDSON AND TYLER, LLP
Newsletter
Vol. 2, Number 1 – Winter 2005

• In Memoriam: Donald J. MacRae 
• Real Estate, Homestead and Asset Protection 
• Immigration Law
• Corporation & Business Law
• Business & Employment Law
• R&T in the News

WELCOME!

Richardson and Tyler, LLP is pleased to bring you the first edition of our quarterly newsletter for 2005.

This newsletter is to share new matters of general interest with our clients.  It is not intended to provide legal advice.  Please speak to an attorney before applying this information to your specific situation.

If you would prefer to be taken off our mailing list, please e-mail richardsonandtyler@rtlegal.com and let us know.

In Memoriam

Donald J. MacRae
February 2, 1932 - January 12, 2005

After faithfully serving clients throughout New England for forty-five years, our partner, friend and colleague Donald J. MacRae passed away on January 12, 2005.  He actively practiced the law with extraordinary intelligence, ability and dignity from his desk in our Boston office until shortly before his death.

Don was not only an excellent lawyer, but a devoted father and husband.  Expressions of sympathy may be made to the Margaret A. MacRae Scholarship Fund, Notre Dame Academy, 1073 Main Street, Hingham MA, 02043.

His clients and co-workers share a sense of loss at his untimely passing.  All of us at the firm learned many important lessons from him over the years.  We intend to do our best to continue serving Don’s clients as well as he did during his lifetime.

Real Estate, Homestead and Asset Protection

If you are like most people, your biggest asset may be your home!

Protect your investment under the newly revised Homestead Act.

Up to $500,000 equity in your home may be exempted from the reach of creditors if you:

• Sign a declaration of homestead;
• Sign it before a notary public; and
• Record it at your Registry of Deeds.

The $35 filing fee will buy you a lifetime of protection.

Although the form is simple, you may wish to use a qualified legal professional.  It is important to reserve the right to revoke the homestead in the future, to protect your right to sell or mortgage the property at a later date.

Immigration Law

Immigration & Employer Sponsored Permanent Residency

A State Task Force recently announced that Boston is one of three "competitive" US cities – because we welcome skilled foreign workers and integrate them into our local economy.

At Richardson and Tyler, we can help you help your business.

A new Foreign Labor Certification program (PERM) greatly reduces processing time to certify foreign employees sponsored by their employer.  The new program is scheduled to begin at the end of March, 2005.

The current system involves manual review with a backlog over three years!

The new system promises online submittals with the majority of applications decided within 45 to 60 days.

It may be possible to convert current system applications to PERM applications.

Completeness, accuracy and knowledge of the system are a plus!  For more information on attracting qualified workers to your business, feel free to contact David Flashenburg.

Corporation & Business Law

This is one of a series of updates on the most sweeping revision of the Massachusetts corporation law in over thirty years.

Officers.  The position of Clerk has been abolished and replaced by a Secretary.  Duties are much the same - maintenance of minutes and corporate records.  Corporate records & filings such as your annual report should reflect this change.

Resident Agent.  This is a mandatory new position.  The Resident Agent is responsible for accepting legal notices addressed to the corporation, including service of "legal process" (notice of suit or attachment), or official notices from the Secretary of State.

You could appoint someone at your office as Resident Agent.  However, we are recommending to clients that they consider appointing their legal counsel, for two reasons:

• "Off site" service of process will be more discrete and less disruptive to business operations; and
• Legal notices or process will more quickly come to our attention, permitting us to promptly afford advice on matters that are important and time sensitive.

Electronic Filing.  Some corporate forms may now be filed electronically.  If you would like our assistance in taking advantage of the cost savings afforded by this option, please contact one of our attorneys.

Business & Employment Law

What is "employment law"?  No one is sure, because it cuts across so many different areas of the law!  For example:

Case Law.  An "employee at will" may be terminated at any time.  However, judges are constantly reviewing & revising this apparently "simple" principle.  Most of us know about the usual exceptions for "protected classes" (race, color, creed, national origin, gender, age, etc.).  Creative judges have found other exceptions, for which employers have had to pay.  For example, liability followed when an employer:

• Terminated a commissioned salesperson before the commission became due;
• Terminated an employee who cooperated with a private (not governmental) product safety testing laboratory.

State Statutes.  Personnel records are legally required and subject to heavy regulation.  Among other things,

• The employer must maintain specific records;
• The employee may access the records and contest their accuracy;
• The records must be maintained at least three years after termination.

Trade secrets are governed by a Massachusetts statute that imposes penalties such as multiple damages and attorneys fees upon one who misuses trade secrets, even in the absence of a written trade secret agreement.

Federal Statutes.  In this age of concern over security and privacy,

• The HIPAA statute imposes regulations and penalties on employers and employees who come into contact with any health information;
• The CANSPAM statute regulates use of the internet and information derived from internet contacts – if your business uses the internet, you will likely need a "privacy policy";
• Immigration Laws govern what information an employer must gather and with whom the employer may share that information.

The Moral of the Story?  For "employment law" questions, there is no substitute for legal counsel who not only knows your company and the way it does business but also knows the law - and has access to expertise in many different fields of law, not just one.

R & T in the News

Congratulations to Joseph M. Klements on being selected a Massachusetts Super Lawyer.

In 2004, Boston Magazine mailed more than 37,000 ballots to attorneys across Massachusetts, asking them to vote for the best lawyers they had personally "observed in action".

After the votes were tabulated, Joseph M. Klements was honored to be listed in the magazine as one of the top 5% of attorneys in Massachusetts.

When asked to comment, he stated:  "It would not have been possible without the partners, associates and support staff who work so hard every day to help me assist our clients to achieve their goals."

These materials are offered for information purposes only. Do not act or rely upon any of the resources and information available in or from this site without seeking professional legal advice. This material may be considered advertising under the rules of the Supreme Judicial Court of Massachusetts.

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