Publications

Hinckley Allen Construction Alert
08/16/2017
Christopher W. Morog
Robert T. Ferguson, Jr.
Bid Protest Decision Invalidates Mandatory Minimum Unit Prices

On August 1, 2017, the Bid Unit of the Massachusetts Attorney General’s Office (the “AG”) issued a first-of-its-kind decision concerning MassDOT’s use of minimum unit price requirements. The AG’s well-reasoned opinion invalidates MassDOT’s minimum pricing policy as contrary to the competitive bidding laws. The decision immediately impacts a series of MassDOT procurements.Hinckley Allen handled the protest, which arose out of a “various locations” contract for bridge repairs in MassDOT District 2.One potential bidder challenged this requirement before bid opening. The protestor argued that MassDOT’s minimum pricing requiremen…

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Providence Business News
08/12/2017
Gerald J. Petros
Hinckley Allen Public Finance Alert
08/08/2017
Antonio D. Martini
August 2017 update on FY 2018 federal budget sequestration affecting build America bonds and other direct pay subsidy bonds

Under current law, direct pay bond subsidy payments are subject to federal budgetary sequestration through fiscal year 2025.  On August 2, 2017, the Internal Revenue Service released a statement noting that the percentage reduction that will be applied to payments to issuers of direct pay subsidy bonds for fiscal year 2018 (which begins on October 1, 2017) will be 6.6 percent.  The percentage reduction for the current fiscal year is 6.9 percent.  The sequestration rate for federal fiscal years 2019 through 2025 will be set from time to time in the future, unless Congress takes action to change or eliminate the sequestration percentage.The …

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Hinckley Allen Summer Associate Program
08/03/2017
My Top Three Moments From Hinckley Allen's Summer Associate Program

This summer, I was fortunate to work as a Summer Associate in Hinckley Allen’s New Hampshire office. My ten weeks at Hinckley Allen flew by; every day I was working on challenging assignments or visiting other offices for social events like a Red Sox game, a night at Action Kitchen, or Trivia.The first week of the program, a partner in the Real Estate Group invited me to his afternoon bench trial. The partner let me sit at counsel table and after he introduced himself for the record, he said “… and with me is my colleague, Lisa DeFronzo of Hinckley Allen.” I sat through the rest of the trial proud as could be. After the trial, it was …

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Hinckley Allen Labor & Employment Alert
08/01/2017
Christina L. Lewis
Thomas J. Pagliarini
Lisa A. Zaccardelli
The Department of Labor Seeks Information on White Collar Exemptions

7/26/17 - In the latest saga regarding the controversial overtime rule promulgated under the Obama administration, the Department of Labor (DOL) published a request for information (RFI) relating to white collar exemptions.White collar exemptions provide exceptions to the Fair Labor Standards Act (FLSA)’s minimum wage and overtime requirements for certain executive, administrative, professional, outside sales, and computer employees.  In the litigation regarding the 2016 Final Rule of the Obama-era regulations currently pending in the Fifth Circuit Court of Appeals, the DOL has indicated that it will no longer advocate for the specific sal…

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New England Real Estate Journal - Question of the Month
07/28/2017
David J. Tracy
John R. Pariseault
In the midst of the so-called "retail R.E. apocalypse," what is the role of the retail real estate attorney?

Retailers today are both redefining the role of physical stores as well as changing how they interact with customers. This article focuses on how real estate attorneys who understand the changing nature of retail development and the different tools that are available in structuring the legal framework of a project can help their developer clients adapt to, and be on the forefront of, modern retail developments.Imagine you are a real estate attorney and your client comes to you with a plan to redevelop an existing mall or traditional big box power center into a mixed-use project with office, retail, residential and hotel components. The projec…

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Retail Real Estate Infographic
07/27/2017
Infographic: Radical Change in the Retail Market

The retail market is going through a drastic shift in regards to the way consumers interact with shopping centers, and purchase goods and services. Last week our team had the opportunity to attend the ICSC Boston Idea Exchange, and we believe that with market disruption comes the opportunity to be creative and keep up with trends.For any questions, please contact the Hinckley Allen attorney with whom you regularly work, or one of our Retail Real Estate attorneys. Follow Hinckley Allen on Twitter and LinkedIn for the latest news and updates.

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NH Business Review
07/20/2017
Sabrina E. Dunlap
Laurie Beth Pliakos
Healthcare cybersecurity is due for a checkup: The digitization of information has enhanced for delivery of care, but it has also made data more vulnerable to attack

Technology has dramatically transformed modern healthcare. Patients can view lab results in real time, make appointments online and use smartphone apps to control medical devices. In addition, the widespread use of electronic health records has improved data-sharing and collaboration among physicians and their patients, reduced medical errors and improved medical research.Although the digitization of health information has enhanced the delivery of care, it has also made health care data more vulnerable to attack. A June 2017 report published by the Health Care Industry Cybersecurity Task Force found serious deficiencies in the healthcare indu…

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The Melody Burns Show - Talk 1300 Radio
07/13/2017
Michael L. Koenig
Michael Koenig Comments: Federal Appeals Court Overturned the Conviction of Former Assembly Speaker Sheldon Silver

WCNY - The Capitol Pressroom
07/13/2017
Michael L. Koenig
July 13, 2017: Michael Koenig

As the news broke that the Second Circuit Court of Appeals overturned the 2015 conviction of former Assembly Speaker Sheldon Silver, Attorney Michael L. Koenig, Partner in the firm Hinckley Allen, joined the Capitol Pressroom to break it all down.

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Hinckley Allen Retail Real Estate Newsletter
07/11/2017
Erin M. Vanden Borre
Sarah T. Lemke
In a Changing Retail Industry, Here’s What to Know about Fixed vs. Pro Rata CAM Provisions

Common area maintenance, “CAM,” charges tend to be among the most heavily-negotiated provisions in a typical retail lease. As parties adjust to a rapidly changing retail industry, they should be mindful of the variables at play in selecting an approach to CAM that makes the most sense for their deal.CAM charges are usually handled in one of two ways. For many years, the standard was that a tenant would contribute to the landlord’s CAM costs based on its proportionate, or pro rata, share of the shopping center. In recent years, there has been a trend toward “fixed” CAM provisions, in which the parties agree up-front on the amount of …

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Hinckley Allen Retail Real Estate Newsletter
07/11/2017
Marc A. Angelone
Landlords: Are You Taking E-Commerce into Account When Negotiating Percentage Rent?

A typical retail lease often provides for percentage rent, in which one aspect of rental payments is based upon a percentage of gross sales made from the premises. In calculating percentage rent, a landlord needs to account for the ever-increasing revenue source of online sales. Depending on the relative size of the tenant, landlords often find themselves negotiating when those sales are to be included or excluded from the calculations of gross sales for percentage rent. There are several considerations that the parties need to think about when crafting their percentage rent and gross sales provisions to account for such online sales.One of m…

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Hinckley Allen Retail Real Estate Newsletter
07/11/2017
David J. Tracy
A Contemporary View of Shopping Center Use Restrictions

It is almost impossible to read a newspaper or publication without seeing an article about the challenges retailers are facing in the age of online shopping, and with good reason.  Online shopping presents many challenges and requires a creative approach to ensure continued success for existing and new shopping centers alike.In the case of an existing shopping center, if a developer wishes to consider alternative uses in order to fill vacant space, the first task will be to analyze all existing documents that impose use restrictions on the property.  During your analysis, compile a list of all prohibitive and competitive use restrictions. …

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Law Technology Today
06/28/2017
Andrew S. Tugan
Nancy R. Wilsker
Does a Ransomware Attack Mean There Was a Data Breach?

“Data held hostage.”  Years – even months – ago, the concept may have sounded absurd.  Today, it is becoming all too common. Ransomware has quickly become a household term, due, in part, to the recent WannaCry attack.  When a ransomware attack strikes, most users’ number one priority is to save their data and free their computers.  However, for many businesses, rescuing data is merely the beginning.  Businesses that store personally identifiable information (PII) may also have an actionable data breach on their hands.  This article offers guidance on how to identify whether a ransomware attack is also a data breach that may re…

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New England Real Estate Journal - Project of the Month
06/23/2017
John R. Pariseault
David J. Tracy
David Barry Connolly
Sarah T. Lemke
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Boylston Properties and The Wilder Companies to Transform 20-acre Property- Arsenal Yards

Watertown, MA - Just west of downtown Boston, along the Charles River, the city's next great neighborhood is about to become an exciting new reality. In the East End of Watertown, where Cambridge meets Boston, the 20-acre property encompassing the outdated Arsenal mall and adjacent properties will be transformed into the new Arsenal Yards, a dynamic all-in-one living, shopping, dining, and entertainment destination offering an urban vibe with the ease of a suburb. The mixed-use property will embody modern city life redefined for the 21st century with 325,000 s/f of retail space, 425 residential units, 160,000 s/f of office space, a 150-room …

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American Bar Association Section of International Law Year in Review
06/23/2017
Daniel L. Gottfried
The New Connecticut LLC Act

The new Connecticut Uniform Limited Liability Company Act (the “New CT LLC Act”) will be taking effect July 1, 2017. The New CT LLC Act is based on the Uniform Limited Liability Company Act adopted by the Uniform Laws Commission and replaces the Connecticut Limited Liability Company Act (the “Old Act”). The New CT LLC Act represents an attempt to modernize Connecticut’s laws with respect to limited liability companies (“LLCs”) while trying to promote uniformity with other states.As an initial matter, the New CT LLC Act does not affect any right, remedy, privilege, obligation or liability existing on or before July 1, 2017. Accor…

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Hinckley Allen Labor & Employment Alert
06/08/2017
Thomas J. Pagliarini
What to Take Away from New Secretary of Labor's Withdrawal of Obama-Era Wage and Hour Interpretations

On June 7, 2017, the newly confirmed United States Secretary of Labor, Alexander Acosta, announced the withdrawal of two Obama-era informal interpretations that had been issued by the Department of Labor's (DOL) Wage and Hour Division in 2015 and 2016.The 2015 guidance concerned the misclassification of employees as independent contractors and suggested that most workers should be classified as employees under the Fair Labor Standards Act (FLSA).  The 2016 guidance concerned joint employment and when companies should be considered joint employers under the FLSA and Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA).  The joint…

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A Practical Guide to Land Use Law in Rhode Island

Hinckley Allen attorneys Thomas W. Madonna, Jr. and Robin L. Main are contributing authors to MCLE's A Practical Guide to Land Use Law in Rhode Island: An Essential Guidance on Rhode Island Land Use. Read their respective chapters On Signage and Adult Uses--Chapter 9 by Tom Madonna--and Brownfields, Wetlands, and Municipal Regulations--Chapter 10 by Robin Main. A preview to each chapter is included. For the full Practice Guide to Land Use Law in Rhode Island, please visit MCLE.Thomas J. Madonna, Hinckley, Allen & Snyder LLP, & Robert G.

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