The Providence Zoning Board of Review’s decision to approve master and preliminary plans for an extended-stay hotel was not arbitrary, capricious or clearly erroneous, a Superior Court judge has ruled. Neighbors of the proposed redevelopment in Providence objected to the project, arguing that it was incorrectly zoned as an extended-stay hotel when it more accurately...
Fallout from the city of Cranston’s 2012 redistricting plan, which included 3,433 prison inmates in one voting ward’s population count, evolved into a legal fight that ultimately reached the 1st U.S. Circuit Court of Appeals. Last month, in Davidson, et al. v. City of Cranston, Rhode Island, a 1st Circuit panel reversed U.S. District Court...
Every agency today owns valuable intellectual property (IP) which should be protected. Unfortunately, the day-to-day rigors of running a successful business typically push IP protection to the bottom of the to-do list. But if you are selling or buying an agency, IP protection issues quickly become part of the due diligence review process. For sellers,...
Earlier this month, the New York Attorney General’s office ordered Donald Trump’s foundation to immediately stop soliciting charitable donations in the state. The attorney general also demanded that the Trump Foundation provide years of financial records and other information; if it has been in violation of New York registration law, the Foundation could even be...
Appraisal award upheld: Union Mutual Fire Insurance Company v. Anthony and Susan Pate, PC2013-1620 (Rhode Island Superior Court, August 2, 2016). This case involves the resolution of a coverage and damages dispute under a homeowners policy pursuant to the appraisal process provided in the policy in accordance with R.I. Gen. Laws § 27-5-3. In 2003,...
As we enter the fourth quarter of 2016, it makes sense to look ahead at what is in store for commercial real estate in 2017. There are several factors that will impact the market in New England, and although surprises can always occur, I believe the outlook is generally positive. First, it appears that the...
Sorry folks but unlike last year, when the Equal Employment Opportunity Commission (EEOC) extended the September 30 deadline for a month, those required to file in 2016 have no such luck. The deadline remains September 30. As you should know, an Employer Information Report EEO-1s (EEO-1) must be filed by: All private employers subject to...
One of the first pieces of advice I offer my clients is to resist giving away equity in their company. Oftentimes, however, clients have already granted or promised shares of stock in their corporation (or membership interests in their LLC) to an early benefactor who provided something of value to the company, an employee who...
The federal Fair Housing Act (“FHA”) outlaws discrimination in lending based not only on race, color and national origin, but also religion, sex, disability and familial status. Across the country, courts are grappling with the scope of the right to sue under the FHA, with some permitting the cases of less obvious lending discrimination plaintiffs,...
As we previously reported, in March of 2014, President Obama unilaterally directed the Department of Labor (DOL) to review and update the requirements necessary for an employee to be considered “exempt” from overtime. The DOL dutifully complied, announcing its Final Rule on May 18, 2016, effective December 1, 2016. The Final Rule increases the minimum...
