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5 October 2018
Bill Mandell and Hannah Schindler Spinelli of Pierce & Mandell, P.C. will be presenting a continuing education seminar entitled Legal Issues in Practice Transitions at the 2019 Yankee Dental Conference on Thursday, January 31, 2019 at 2:00pm. The program will focus on the legal issues in the purchase and sale of practices and ownership in practices. Topics covered will include...
31 July 2018
The Massachusetts anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, G. L. c. 231, § 59H, authorizes a party sued because of his petitioning activity to file a special motion to dismiss within 60 days of service of the complaint. The purpose of the anti-SLAPP statute is to protect individuals from harassing litigation and from the burden of defending against retaliatory...
30 July 2018
Pierce & Mandell shareholder Michael C. Fee has authored the recently published LexisNexis® Practice Guide to Massachusetts Real Estate Litigation (2018 Edition). The book is intended to offer practical guidance on some of the most significant real estate issues currently being litigated in Massachusetts, and contains nearly 400 practice tips, forms and checklists. Designed to be useful to both new...
27 July 2018
On July 12, 2018, Pierce & Mandell P.C. hosted clients, staff and friends of the firm at our first golf clinic for women at Tournament Players Club in Norton, Massachusetts. Designed for both beginners and experienced players alike, the clinic featured three stations led by TPC professional staff. Each station (putting, chipping and full swing) afforded participants the opportunity to...
23 May 2018
Pierce & Mandell Lawyers and Staff Run “Lawyers Have Heart 5K” in Support of the American Heart Association
21 May 2018
Bill Mandell was quoted in the May 2018 ED Legal Letter article on case law expanding ED’s legal exposure if discharged psychiatric patient commits violence.
17 May 2018
By: Scott M. Zanolli The Massachusetts Supreme Judicial Court’s recent ruling in Boelter v. Board of Selectmen of Wayland (SJC-12353, April 5, 2018) interprets and clarifies, for the first time, the meaning of the term “deliberation,” which was added to the Open Meeting Law in July 2010. The Open Meeting Law requires that, with the exception of executive sessions, “all...
4 May 2018
By Curt Dooling, Matt Lauring and Bill Mandell Hospitals and health care facilities, medical and other group practices, and individual clinicians regularly receive requests for patient records and information. It is often confusing for providers to determine when and under what circumstances they are permitted to disclose such records. Discovering parties can use the legal process to compel a response...
30 April 2018
By: Michael C. Fee Petitions to Partition, often brought in the Land or Probate Courts, allow the division of land owned by two or more individuals. The right to partition is absolute, and does not require the consent of other co-owners. For an excellent overview of general partition principles and practice, see Jeff Angley’s primer entitled "Partition of Land". The...
27 March 2018
By Robert L. Kirby, Jr. and Thomas E. Kenney The Supreme Court of the United States has denied the petition for certiorari filed by Oath Holdings, Inc., successor to Yahoo!, Inc. Oath Holdings had requested that the Supreme Court review the decision of the Massachusetts Supreme Judicial Court in Ajemian v. Yahoo!, Inc. In Ajemian, Pierce & Mandell lawyers Robert...
16 March 2018
By: Michael C. Fee The Appeals Court’s recent decision in Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., 17-P-791, 2018 Mass. App. LEXIS 30, serves as a stark reminder to commercial tenants and their counsel of potential guarantor liabilities that live on even after settlement of an underlying lease debt. The facts in Cedar-Fieldstone are familiar and common. The defendant tenant,...
19 February 2018
In addition to establishing a sane level of controls and limits on semi-automatic weapons and ammunition under both federal and state law, and better security, all states must look closely at their laws to strike the right balance between patient privacy and the need to protect public safety. I am reposting a blog and article about this topic I wrote...
24 January 2018
Partners Robert Kirby and Thomas Kenney were selected as “Lawyers of the Year” for 2017 by Massachusetts Lawyers Weekly. Read More…
22 January 2018
When buyers and seller of dental, medical and other professional practices begin to think about practice sales, associate buy-ins, mergers or other major acquisition events, most of the focus is on the substantive terms. What is the value of the practice? What is being purchased and sold and what is the purchase price? How will the deal be structured and...
17 January 2018
For the ninth consecutive year, Pierce & Mandell, P.C. is proud to be part of the Yankee Dental Congress, January 25th through January 27th at the Boston Convention & Exhibition Center. Yankee Dental Congress is an educational program and convention that draws thousands of dental professionals each year. Pierce & Mandell attorneys who focus on representing dental professionals and practices...
12 January 2018
Curtis B. Dooling was recently promoted to counsel at Pierce & Mandell, P.C. Curt has been practicing law for ten years and has been with the firm for over five years. Curt is a skilled litigator who has tried three cases to verdict in the last year and a half. Curt has a robust litigation practice that encompasses a wide...
20 November 2017
By Curtis B. Dooling Under Massachusetts law, an insurer’s duty to defend its insured is broad. An insurer has a duty to defend its insured if the allegations against the insured are “reasonably susceptible of an interpretation that states or roughly sketches a claim” that falls within the defense obligation’s scope. Billings v. Commerce Ins. Co., 458 Mass. 194, 200...
14 November 2017
The SJC’s recent decision in Ajemian v. Yahoo, overturning the grant of summary judgment against Pierce & Mandell’s clients, continues to reverberate in the legal community. A link to the Lawyer’s Weekly article entitled “SJC Ruling Could Have Significant Implications for T&E Law” can be found here.
25 October 2017
By Robert L. Kirby, Jr. and Thomas E. Kenney The Massachusetts Supreme Judicial Court (“SJC”) recently issued a landmark ruling in a case of first impression, overturning a probate court judgment against Pierce & Mandell’s clients. Robert L. Kirby, Jr. argued the case before the six-justice panel, and Thomas E. Kenney assisted in preparing the appellate briefs. The case concerned...
4 August 2017
Pierce & Mandell Partner Dennis Lindgren shared his legal insights and tips in Lawyers Weekly Profile. Read more...
1 August 2017
By Hannah S. Spinelli In a historic move, on May 10, 2017 The Women’s Golf Association of Massachusetts, Inc. (“WGAM”) and Massachusetts Golf Association, Inc. (“MGA”) signed a merger agreement turning the two non-profit organizations into one golf association effective January 1, 2018. The interests of both groups will be united and efforts combined to promote the game to all...
18 July 2017
By Curtis Dooling The Massachusetts Wage Act, G. L. c. 149, § 148, requires that employees pay their employees’ wages within six days of the end of the applicable pay period. The law includes harsh penalties for failure to pay wages, including the mandatory award of triple damages and attorneys’ fees. An employer that violates the Wage Act can also...
22 June 2017
By: Michael C. Fee and Scott M. Zanolli The Massachusetts Appeals Court recently affirmed a decision by Judge Virginia Ward, of the Suffolk County Probate Court, granting summary judgment to Pierce & Mandell’s client in a lawsuit seeking a declaration regarding the interpretation of a will. Michael C. Fee argued the case before the three-justice panel, and Scott M. Zanolli...
24 May 2017
Pierce & Mandell, P.C. is proud to announce that partners Bob Pierce, Bill Mandell, Thomas E. Kenney, Michael Fee, Bob Kirby and Dennis Lindgren have been selected for inclusion in the 2017 Massachusetts Super Lawyers. Bob Pierce was recognized as a Super Lawyer in the practice of Civil Litigation Defense, Bill Mandell in Health Care Law, Dennis Lindgren in Personal...
6 April 2017
Bill Mandell was quoted in the April 2017 Emergency Department Legal Letter article on visitors and guns in hospital emergency departments and suggested a useful policies for hospitals to consider.
22 March 2017
All newly admitted lawyers in Massachusetts are required to take a one-day professionalism course within 18 months of admission. The day-long course, which is run by Massachusetts Continuing Legal Education (MCLE), covers a variety of topics, including ethics and professional conduct, court practice and successful attorney-client relationships. MCLE recently invited Pierce & Mandell’s Curtis Dooling to sit on a lunchtime...
10 March 2017
By Robert L. Kirby, Jr. Ajemian v. Yahoo! Inc.: On March 9, Robert Kirby argued before the Supreme Judicial Court in a case of first impression. The issue before the Court was whether the federal Stored Communications Act, 18 U.S.C. 2701, et seq. bars providers of electronic communication services (in this case, Yahoo!) from divulging the contents of a deceased...
2 February 2017
Curt Dooling recently obtained a defense verdict on behalf of his clients in a jury trial in the Pittsfield District Court in Berkshire County. The plaintiff sustained multiple leg fractures after tripping over an entrance rug in a convenience store in Pittsfield, Massachusetts. Dooling represented the owner and operator of the convenience store. The plaintiff alleged that the entrance rug...
20 December 2016
By Robert L. Kirby, Jr. In Ajemian v. Yahoo!, we represent the personal representatives of an estate seeking to gain access to the contents of a decedent’s Yahoo! email account. The Probate Court ruled that the Stored Communications Act, 18 U.S.C. 2701 et. seq., prohibited Yahoo! from divulging the contents of the email account to the personal representatives. We appealed....
15 December 2016
Founding shareholder Bob Pierce took four cases to jury trials in 2016. The cases were tried in four separate superior courts: Essex (Newburyport), Middlesex, Suffolk, and Dukes County (Martha’s Vineyard). In three of the cases, Bob achieved defense verdicts on behalf of his clients; in the fourth, the case settled after several days of trial based on a payment of...
14 December 2016
Bob Pierce and Curt Dooling recently obtained a defense verdict on behalf of their client in a jury trial in Dukes County Superior Court on Martha’s Vineyard. The plaintiff in the case sustained a serious eye injury, which eventually led to the loss of the plaintiff’s eye, when he was struck with a golf disc designed and manufactured by Pierce...
6 December 2016
For the 12th year in a row Pierce & Mandell, P.C.’s Bill Mandell, was a faculty member at the MCLE Annual Massachusetts Health and Hospital Law, 2-day conference on November 21 and 22, 2016. Bill co-presented the panel on the law of physicians. He is also a co-author of the related MCLE publication, the Massachusetts Health and Hospital Law Manual....
2 December 2016
On November 14, 2016, Pierce & Mandell attorney Curtis Dooling participated in a lunchtime roundtable discussion for approximately 100 newly admitted lawyers in a program sponsored by Massachusetts Continuing Legal Education (MCLE). Pursuant to Supreme Judicial Court Rule 3:16, newly admitted lawyers in Massachusetts must take a one-day professionalism course within 18 months of admission. During the day-long course, new...
1 December 2016
by Curtis Dooling Superior Court Judge Dennis Curran recently allowed the estate of a man who died at a YMCA facility to proceed with a wrongful death claim against the YMCA even though the decedent signed a liability release. The decedent, who was participating in an elderly exercise program at the YMCA, was found unconscious in a steam room. YMCA...
28 October 2016
Pierce & Mandell, P.C. shareholder Bill Mandell has been appointed by BBA president Carol Starkey as the 2016-2017 Co-Chair of the Boston Bar Association’s Health Law Section. Bill has been a member of the Health Law Section’s Steering Committee for several years and previously served as the BBA’s Solo/Small Firm Section Co-Chair. Bill brings a wealth of knowledge and experience...
28 October 2016
Pierce & Mandell, P.C. shareholder Dennis M. Lindgren is part of a non-partisan effort to provide poll-watchers for Miami precincts on Election Day. The volunteers will monitor election sites and assist voters who may be turned away from the polls or ordered to cast a provisional ballot. The poll-watchers will also assist in resolving disputes, or pursuing further recourse if...
27 October 2016
Pierce & Mandell, P.C. is proud to announce that once again partners Bob Pierce, Bill Mandell, Michael Fee, Tom Kenney, Bob Kirby, and Dennis Lindgren have been selected as Massachusetts Super Lawyers for 2016. Associate Curtis Dooling was designated as a Massachusetts Rising Star for 2016. Bob Pierce was recognized as a Super Lawyer in the practice area of Civil...
27 October 2016
Pierce & Mandell was a proud sponsor of the Boston Bar Association’s (“BBA”) Annual Meeting on October 20th at the Copley Westin Hotel, at which Pierce & Mandell partner, Michael C. Fee received the President’s Award from BBA President Carol Starkey in recognition of his work as a member of the Association’s Amicus Committee. For more than twenty years, through...
21 September 2016
Bob Pierce and Lena Finnerty obtained a defense verdict on behalf of their client in a jury trial in Middlesex Superior Court that concluded on September 19, 2016. The plaintiff in the case claimed that he suffered serious head injuries when he fell on black ice in the parking lot of the office park owned by Pierce & Mandell’s clients. ...
13 September 2016
On September 12, 2016, Pierce & Mandell shareholder Dennis M. Lindgren participated in a lunchtime roundtable discussion for approximately 100 newly admitted lawyers in a program sponsored by Massachusetts Continuing Legal Education (MCLE). Pursuant to Supreme Judicial Court Rule 3:16, newly admitted lawyers in Massachusetts must take a one-day professionalism course within 18 months of admission. Throughout the day, new...
26 August 2016
For copyright owners, a copyright registration provides substantial benefits. A copyright registration grants the owner the right to collect “statutory damages” against the infringer – ranging from $750 to $30,000 per violation. Additionally, a registrant may recover from the infringer the attorneys fees it incurred in prosecuting litigation against the infringer. Traditionally, copyright owners have been able to use the...
15 August 2016
Pierce & Mandell partners Tom Kenney, Bob Pierce, Bob Kirby and Mike Fee tore up Woodland Country Club recently at the Newton Needham Chamber of Commerce’s annual golf tournament. This year’s affair was attended by over 120 committed Metrowest business persons, and raised thousands of dollars for Family Access of Newton (www.familyaccess.org), a 100 year old organization that empowers and...
12 August 2016
Pierce & Mandell, P.C. partner, Michael C. Fee, a member of the Council of the Boston Bar Association, recently participated in the BBA's efforts to pass a zoning reform measure that the organization has championed since 1995. House Bill 3611 was signed into law by Governor Baker on August 5, 2016 and provides much needed clarification to the Massachusetts Zoning...
6 July 2016
Pierce & Mandell attorney Curt Dooling was quoted in a Massachusetts Lawyers Weekly article on the recent Supreme Judicial Court decision of DiCarlo v. Suffolk Construction Co., Inc., et al. In DiCarlo, the SJC held that pain and suffering damages were not subject to a workers compensation lien pursuant to G. L. c. 152, § 15. In the article, Dooling...
17 June 2016
by Bill Mandell In the wake of yet another senseless mass killing tragedy I am posting an article I wrote in 2013 for the Boston Bar Association Health Law Reporter on the need for a new law in Massachusetts allowing health care providers to report dangerous persons or situations. Click here to read the article.
17 June 2016
Pierce & Mandell partner Tom Kenney, who chairs our Trademark and Copyright Practice Area, was recently quoted in a Boston Globe article on pending litigation between Boston’s The Commonwealth School and Springfield’s Commonwealth Academy. Tom discussed one of the cardinal principles of trademark protection and trademark litigation: who prevails is often determined by the extent to which the parties market...
3 June 2016
On May 17, 2016, Pierce & Mandell shareholder Dennis M. Lindgren joined the Board of Directors for the Natural Resources Trust (NRT) of Easton. The NRT’s mission is to educate about significant natural and cultural resources and to acquire and preserve land of special character for the benefit of the public. The NRT promotes a land ethic in the community...
2 June 2016
On May 16, 2016, Pierce & Mandell shareholder Dennis M. Lindgren led a lunchtime roundtable discussion for over 100 newly admitted lawyers in a program sponsored by Massachusetts Continuing Legal Education (MCLE). Pursuant to Supreme Judicial Court Rule 3:16, newly admitted lawyers in Massachusetts must take a one-day professionalism course within 18 months of admission. Throughout the day, new lawyers...
1 June 2016
Michael Fee is a member of the Land Court’s Alternative Litigation Options Working Group, which assisted the Land Court in drafting proposed rule changes designed to make trial practice in that forum more speedy and cost-effective. The proposed rule changes have proven somewhat controversial, however, and the editorial board of Massachusetts Lawyers Weekly recently took issue with some of them...
31 May 2016
Pierce & Mandell was a proud sponsor of the third annual St. Camillus Health Center golf tournament held at Blissful Meadows Country Club in Uxbridge on May 24. The tournament raised thousands of dollars for St. Camillus, a non-profit facility located in Whitinsville that provides rehabilitation, skilled nursing and short and long term care to the poor, sick and elderly. ...
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