Across New England, armchair attorneys and quarterbacks alike are talking spoliation, discovery, and cell phones. With National Football League Commissioner Roger Goodell’s announcement of his decision on New England Patriots’ quarterback Tom Brady’s appeal comes news that Mr. Brady destroyed his cell phone at almost the same time that he met with league investigators.  This has...

In what can only be perceived as a response to a recent Superior Court decision, the Rhode Island General Assembly amended the applicability of the Foreclosure Mediation Law, R.I. Gen. Laws § 34-27-3.2, for the third time in as many years.  Among other amendments to this statute, the General Assembly fortified an exemption for certain loans.  Specifically,...

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types of waters the government can regulate under the Clean Water Act (“CWA”).  Prior to the rule, the scope of the Agencies’ jurisdictional...

At the end of June, Governor Raimondo signed into law legislation that suspends the running and expiration of all development permits until June 30, 2016.  This suspension further expands a permit toll that has been in place, through a series of legislative enactments, since November 9, 2009.  Back then, the economy was in a recession, project financing was...

The status quo stands, to a degree.  By a 5-4 vote, the United States Supreme Court has concluded that the federal Fair Housing Act (“FHA”) authorizes lawsuits not just for intentional discrimination, but for conduct taken without an intent to discriminate that nonetheless has a discriminatory effect on groups sharing certain characteristics, such as race, handicap,...

On June 29, 2015, President Obama announced a Department of Labor rule change aimed at raising wages for up to five million people as soon as 2016. Currently, with some exceptions, Americans who make less than $23,660 automatically qualify for overtime pay. The proposed rule would more than double the salary level to $50,440 –...