Blog Posts by KCL

U.S. News & World Report and Best Lawyers ranked Kerstein, Coren & Lichtenstein LLP in the 2021 edition of “Best Law Firms” in the National Tier 3 category for Litigation – Construction and the Boston Metropolitan Tier 2 category for Construction Law a …

What obligation does an institution of higher learning have to its students? That is the key question facing a federal judge in Boston after a hearing in April regarding the abrupt closure and sale of Mount Ida College in 2018. KCL represents the former Mount …

The latest issue of KCL Insights includes: School District Held Accountable in Bullying Case when it Failed to Address Parental Concerns During IEP Meeting (Part II), by Andra Hutchins Doing Better By Doing Good: IRA Distributions to Public Charities, by Jonat …

The latest issue of KCL Insights includes: Avoid Surprises During the Spring Real Estate Season, by Robert Finkel Massachusetts Bullying Case to Proceed under Title IX – the law that prohibits sex discrimination in school (Part I), by Andra Hutchins Join Steve …

A new issue of our newsletter, KCL Insights, is now available.  This issue includes articles on: Enforcing Mandatory Arbitration Clauses The Massachusetts Department of Reveue’s AP XXX: Voluntary Disclosure Program for the Settlement of Uncertain Tax Issues Ma …

On January 19, 2016, the Massachusetts Department of Revenue (DOR) released a working draft of an administrative procedure (AP) entitled AP XXX: Voluntary Disclosure Program for the Settlement of Uncertain Tax Issues (hereafter “working draft”). The working dr …

The Massachusetts Uniform Trust Code (the “MUTC”), codified at Mass. Gen. Laws c. 203E, became effective as of July 8, 2012.  The enacting legislation provides that, except as otherwise provided, the MUTC applies to all trusts created before, on, or after the …

Congratulations to partner Andy Hyams for being named one of Massachusetts Medical Law Report’s “Heroes in the Field.” The winners of the “4th Annual Rx for Excellence Awards” were announced in the September 2011 edition. To read the announcement, go to page 8 …

The Boston Globe reported that one in four students in Massachusetts schools are victims of bullying. A recent study conducted in middle schools and high schools across Massachusetts found a link between bullying and violence in the home. The study found that …

Every time a school district conducts an uation of a child, the parents have the right to an independent uation. An independent uation is an uation done on the child outside of the school district. It gives the parents the opportunity to research credible doct …

As of July 1, 2015 (the “Effective Date”), employers in Massachusetts must be prepared to deal with the implications of a new law regarding earned sick time. The new law requires employers who employ eleven (11) or more people to grant their employees the righ …

On Saturday, February 28, 2015, Governor Charlie Baker issued a press release stating that the 2016 fiscal year budget will include a tax amnesty program.[1]  Unlike the tax amnesty program for the 2015 fiscal year—which was limited to business and individual …

If you are at the point where you have either started a business or have decided to start a business, one of the many questions that are probably running through your mind is whether to incorporate. For purposes of this article, when I say “incorporate” or “in …

Welcome all to the first installment of the Innovator’s Counsel! This blog will, in the coming weeks and months, devote itself to issues of interest to innovators and entrepreneurs. Our goal is to make this blog a must read for those who have started a new bus …

When a regular education student violates the school handbook, the school can discipline that student according to the policies and procedures set forth in the handbook. When the discipline involves a special education student, however, the IDEA requires the s …

This article addresses a challenge that employers face in enforcing non-competition agreements that are attached to employees’ general employment contracts and will offer a solution, which will increase the probability of enforcement.  On the surface, the non- …

The Special Education process can be frustrating, time-consuming, and upsetting to many parents. When parents feel that they can no longer face the school district on their own, many choose to hire a Special Education attorney to help them. This is an extremel …

Imagine this scenario: you walk into a cafeteria filled with others who are giving you dirty looks, pointing and laughing at you, whispering things to their friends as you walk by, and not allowing you to sit with them. Am I talking about middle school? High s …

The Bureau of Special Education Appeals (BSEA) released its Special Education statistics for fiscal year 2011 (July 1, 2010 through June 30, 2011). A summary of the statistics is as follows: The BSEA received 8,348 rejected IEPs, an increase of 473 over the pa …

The American Academy of Pediatrics recently released new guidelines for diagnosing and treating attention deficit hyperactivity disorder (ADHD). Instead of diagnosing the condition in children aged 6 – 12, as previously required, the new guidelines require ped …

In the 1980’s, doctors could only save 1 in 10 babies born weighing 2 pounds or less. Today, doctors can save 9 in 10 babies. 25% of babies born at 25 weeks or fewer may be severely disabled. 50% will have problems with their mental and physical development. B …

When a student is suspended or expelled from school, there are certain procedures that the school must follow in order to protect the student’s due process rights. The student will be allowed to have a suspension/expulsion hearing (in most circumstances) where …

The Massachusetts Anti-Bullying law offers additional protections for students with disabilities because they are more susceptible to being “targets” of bullying. The law has two requirements for students with disabilities, both of which must occur simultaneou …

Cyber-bullying not only happens on the internet through social media websites or chat rooms, but it also happens through cell phones, either in the form of text messages or phone calls. There is now an App meant to protect children from cyber-bullying through …

KCL’s partner Andra Hutchins will speak on student privacy issues at an upcoming seminar put on by the National Business Institute. Attorney Hutchins will join two other local education law attorneys to discuss hot topic issues regarding student privacy in sch …

On September 21, 2011, partner Andrew Hyams testified on the proposed Board of Registration of Medicine Regulations. He testified that the Board’s proposed amendments would undermine physician licensure rights in several respects. To read his testimony, click …

If any student violates the school handbook, the school can suspend that student accordingly. However, when a Special Education student on an IEP gets into trouble and is suspended from school, there are procedures in place that the school must follow when sus …

Congratulations to Partner Andrew Hyams who was recently appointed Chairperson of the Business Law and Employment Law Practice Group at KCL!

Many parents wonder who can access their child’s school records. This is regulated by both federal law and state law. Under federal law, the Family Educational Rights and Privacy Act (FERPA) regulates all issues regarding student records. Under state law, the …

As the 2011-2012 school year approaches, it is time to start thinking about your child’s educational needs. If you are just starting the special education process and have been contemplating an uation or you are further along in the process, you will soon be m …

It has been just over a year since Governor Patrick enacted the Massachusetts law on bullying, making Massachusetts the 42nd state to pass such a law.  The law quickly became known as one of the strictest anti-bullying laws in the country, and the 2010-2011 sc …

Summer is sadly almost half way over and kids are off at summer camps throughout the state and country. It is important to remember that bullying can occur at camp just as easily as it can occur at school. If you are concerned that your child will be bullied w …

A recent Schoolyard Lawyer blog entry, Special Education Students and the Bullying Law, discussed how the Massachusetts bullying law provides additional protections to students with disabilities. The law defines bullying as: “The repeated use by one or more st …

It has been just over a year since Governor Patrick signed the Massachusetts law on bullying into effect, and now that the 2010-11 school year is coming to an end, it is appropriate timing to discuss what I believe to be a major issue with the law. The law was …

All too often, the family pet is not taken into consideration when estate planning is addressed.  Now that  the Massachusetts legislature has enacted a “Pet Trust” statute (Mass Gen Laws Chapter 203, Section 3C), it seems an appropriate opportunity to write on …

This is the second post in a three part series on bullying in the workplace. As you may recall, the previous post on workplace bullying provided a description of workplace bullying, gave some startling statistics regarding its frequency, and outlined the benef …

Cyberbullying, as defined in the Massachusetts Anti-Bullying Law, is “bullying through the use of technology or any electronic communication.” The law sets forth many different means of cyberbullying, but the most common uses are via text messages, emails, pho …

The laws governing Special Education can be confusing for parents who are just beginning the process with their child. All too often parents do not even know where to begin. I wrote this article in the format of commonly asked questions when parents are thinki …

If your child has been found not eligible for Special Education services under the Individuals with Disabilities Education Act (IDEA), he or she may still be eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504). Section 504 prohibits disc …

Over the past couple of years, bullying in schools has received significant (and well deserved) attention; however, bullying is not limited solely to the schoolyard.  Bullying in the workplace has increased steadily over the past decade, and researchers, legis …

The US Treasury requires certain individuals and entities to report the existence of certain foreign financial accounts and entities (the “foreign reporting rules”).  Since the foreign reporting rules became an area of focus for Treasury, there has been uncert …

Although parents who prevail at a Special Education hearing in front of the Massachusetts Bureau of Special Education Appeals (BSEA) may be able to recover all or a portion of their attorneys’ fees, they are unable to recover fees for expert witnesses. This ha …

The law defines bullying as unwelcome and repeated “written, verbal, or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that (1) causes physical or emotional harm to the victim or damage to the victim’s prope …

In light of recent incidents involving bullying in schools in Massachusetts and all over the country, Governor D Patrick signed an anti-bullying bill into law on May 3, 2010 making Massachusetts the 42nd state to pass such a law. Both the Senate and the House …

CAUTION:  This Update is only a superficial summary and may not be relied upon for guidance as to any particular, real life situation.  We have included links to information on the IRS web site about the 2011 IRS “Voluntary Disclosure” program discussed in thi …

Dear clients and friends: I wanted to provide you with a brief review of the recently-enacted federal tax law – the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”. Whether this law is aptly-named is yet to be seen! I’ve not …

Starting today, The Schoolyard Lawyer is up and running and is a place where I will be blogging weekly on different Education, Special Education, and Bullying topics. The Special Education entries will be geared towards parents of children with disabilities, s …

A recent high school hazing incident made its way into an article in Massachusetts Lawyers Weekly. David E. Frank, the managing editor of Lawyers Weekly, wrote an article critical of the Maynard High School superintendent and principal for their reaction to fo …