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Multi-Million Dollar Sale of Business
(July 2016)
Belcher Fitzgerald advised second-generation family owners in the sale of their retail business and related real estate. David Belcher negotiated, documented and closed the multi-million dollar transaction requiring local regulatory approval over four months. Seller financing was secured by mortgage interests in a number of different properties owned by buyer’s principals.

Rare Dismissal Under FINRA Rule 12504 (January 2016)
David Belcher secured a dismissal of all claims against our brokerage firm client in an arbitration before FINRA. The claimant had alleged that our client was liable for its predecessor’s conduct and that our client failed to respond adequately to inquiries by the personal representative of a customer’s estate concerning annuity beneficiary designations. The renewed motion to dismiss was allowed under FINRA Rule 12504 following the outright denial, or denial in large part, of eight different motions filed by claimant against our client. A dismissal by motion prior to a FINRA evidentiary hearing is extraordinary and, particularly under the circumstances, it saved our client tens of thousands of dollars and countless hours of employee time in defending against the claims at a hearing.


Belcher Fitzgerald Wins Jury Verdict for Defamed Business
(December 2015)
Christine Fitzgerald recently scored a victory on behalf of our client, a retail merchandising company, in an action against a former employee for tortious interference, defamation, and conversion. After ceasing employment the defendant maliciously attempted to harm our client by mailing letters to more than 50 officers and affiliated retailers of its largest customer, falsely alleging that our client and its owner were under criminal investigation by various federal and state regulators. The defendant also sent an anonymous letter to the Rhode Island Division of Taxation falsely accusing the company of engaging in payroll tax fraud, which triggered a meritless tax audit. After a two day trial the jury awarded our client lost profit damages of $80,000. In addition, Christine secured an award of attorneys’ fees against the former employee.

Sexual Harassment and Retaliation Claim Brought by Male Employee Dismissed (December 2015)
Plaintiff initially filed his charge against the firm's client with the Massachusetts Commission Against Discrimination alleging he was wrongfully discharged for making an internal complaint of sexual harassment against a senior employee’s son. Plaintiff removed the case to Superior Court and added a claim that he was attacked by the senior employee and his son in a separate incident as well. David Belcher deposed the plaintiff soon after answering the complaint and used the plaintiff's testimony to support a successful summary judgment motion before plaintiff could conduct any discovery, saving our client thousands of dollars and untold distraction by its employees in continuing to defend against the claims.

Lack of Probable Cause Found for Age Discrimination Claim (September 2015)
The Massachusetts Commission Against Discrimination dismissed claims against our client under the Age Discrimination in Employment Act of 1967 and Mass. Gen. L. c. 151B §4 ¶1B after finding that the evidence did not support complainant’s allegations. Complainant was a 52-year old woman who alleged she was fired after ten years of employment and replaced with younger employees who were paid lower wages. David Belcher submitted a comprehensive Position Statement to the MCAD and efficiently secured the lack of probable cause finding without an investigative conference, potentially saving the client thousands of dollars.

FINRA Educational Communication Rule Approved by SEC (September 2016)

Massachusetts Enacts New Pay Equity Law (August 2016)

False Claims Act: Supreme Court Upholds Implied False Certification of Liability by David M. Belcher (June 2016)

The Defend Trade Secrets Act of 2016 Becomes Law by Christine R. Fizgerald (May 2016)

Earned Sick Time for Employees by David M. Belcher (November 2014)

What You Need to Know About "Selling Away," TheTrustAdvisor.com (November 2014)

How to Get Rid of Absolutely Everything in 5 Easy Steps, AARP The Magazine (August/September 2014)

A Small Business Guide to Hiring Your First Employee, SmallBusinessComputing.com (August 2014)

Should You Give Your Kids an Early Inheritance?, LearnVest.com (August 2013)

Estate Planning: Your Need-To-Know, Forbes.com (July 2013)

 


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