Represented hospitals in guardianship and civil commitment hearings and medical records privacy cases; obtained injunctive relief in case involving patient’s “right-to-die”
Theodore M. Hess-Mahan joined the firm as Of Counsel in 2007, where he has focused in the practice areas of complex civil litigation, securities and consumer fraud claims, unfair business practice claims, shareholder disputes, class and derivative actions, real property disputes, and trust and probate litigation in federal and state courts, administrative proceedings, and arbitration.
Embezzlement
Won a $7 million plus judgment in five-day bench trial against the former trustee of a trust for defalcation and embezzlement in federal bankruptcy court
Like most corporate law, mergers are regulated at the state level. While these laws vary by jurisdiction, many aspects of the merger process are the same across the nation. Generally, the board of directors for each entity must initially approve a resolution adopting a plan of merger that specifies the names of the entities involved, the name of the proposed merged company, the manner of converting shares of both entities, and any other legal provisions to which the corporations agree. Each entity notifies all of its shareholders that a meeting will be held to approve the merger. If the proper number of shareholders approves the plan, the directors sign the papers and file them with the state. The secretary of state issues a certificate of merger to authorize the new corporation.
Mergers and Acquisitions
Each state has its own corporate statutes that govern the procedure for mergers. Furthermore, state or federal agencies may wish to investigate the potential anticompetitive effects of a proposed merger. Because of the requirements and variables involved in merging, a corporation considering a merger should consult a lawyer who is experienced in mergers and acquisitions law.
Business Formation
You’ve worked hard to establish and grow a business that has provided for you and your family. It would be tragic to have your business suffer a major setback or worse, its demise, in the event of your illness or death. To ensure your business can survive without you at the helm, you should consult with an attorney that can help you craft a succession plan that avoids a disorderly transition. The Massachusetts business succession planning attorneys at Hutchings Barsamian Mandelcorn, LLP are here to assist you with this process.
Business Disputes
Business law encompasses the many rules, statutes, codes, and regulations that are established which govern commercial relationships and provide a legal framework within which businesses may be conducted and managed. Business law is highly diverse and includes areas such as...
Business Transactions
Limited Liability Companies
Our firm regularly assists affluent families with such sophisticated planning strategies as Family Limited Partnerships or Limited Liability Companies, Qualified Personal Residence Trusts, Irrevocable Life Insurance Trusts and a wide range of charitable gifting techniques to reduce federal estate taxes, gift taxes and generation-skipping transfer taxes.
It has become more common for employers to require new employees to sign employment agreements when they are hired. These agreements are used primarily to protect company secrets and to discourage “employee poaching” by competitors.
Employment Litigation
Karen previously was on the Board of Directors at School on Wheels of Massachusetts and advised the non-profit organization on employment issues and such.
Non-compete Agreement
In a non-compete agreement, the employee signs a contract agreeing to not work for a competitor company or to start a competing business for a certain time period after his or her employment ends. Non-compete agreements must clearly state the period of time the employee must refrain from competition and must also clearly define the types of businesses that are considered competitors, both in terms of industry and geographic location.
Severance Agreement
The Fair Labor Standards Act (FLSA) sets basic minimum wage and overtime pay standards. Employers are required to pay overtime wages to certain employees after 40 hours of work in a week. In some states, overtime must be paid after 10 hours in a day, regardless of how many hours are worked during the week. Overtime rates must be at least one and a half times the regular rate of pay. The FLSA does not require companies to provide holiday pay, sick pay, paid or unpaid vacation time, or severance pay.
We represent clients in a wide range of commercial real estate matters from the purchase of raw land to the sale of developed property and everything in between. We work closely with each client in order to ensure protection of all financial and legal interests.
Construction Litigation
Much like implementing the intricate and complex specifications of a blueprint, a construction litigation attorney can work with your company to prevent unforeseen disagreements and effectuate mutually-beneficial settlements to prevent future conflict with various business partners. With the number of sub-contractors, vendors and service providers involved in residential or commercial construction project, the likelihood of litigation increases. Having a knowledgeable and competent construction litigation attorney on your team can be an invaluable tool in protecting your company from unnecessary exposure to liability.
Real Estate Transactions
Eminent Domain
Land Use and Zoning
Mr. Hess-Mahan served for fourteen years as an alderman and city councilor in Newton, where he was chairman of committees on land use and zoning and planning. He also served on the Newton Human Rights Commission and has been a member of the Newton Fair Housing Committee since 2011. From 2010-2016, Ted also served on the Massachusetts Housing Appeals Committee, which provides an impartial forum to resolve conflicts concerning comprehensive permits to build affordable housing pursuant to Chapter 40B, the Massachusetts affordable housing statute. He has also served on various boards of non-profits in Newton involved in affordable housing and arts and culture, and is a member of the Board of Trustees of the First Unitarian Universalist Society in Newton.
Living to an older age makes it more likely that you will need long-term care at some point. While long-term care is often all inclusive, it is increasingly expensive. Paying for long-term care costs could easily erode your life savings in just a few short years. Luckily, Medicaid covers many, if not all, of these expenses. But you must qualify for these need-based benefits. An experienced elder law attorney can assist you in Medicaid planning so that it is much more likely that you will be entitled to this government assistance. While our attorneys are skilled in crisis Medicaid planning, it is always better to prepare ahead of time. If you are concerned about long-term care in the future, you should contact our office right away to set up a consultation.
You’ve worked hard your whole life to provide for your family and make your loved ones more secure. Without advanced estate planning strategies, many of your hard-earned assets may end up with the IRS and state taxing authorities.
Wills
Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.
Trusts
If you have a loved one with a disability or special need, you are likely concerned about his or her care and financial status should you become incapacitated or pass away. Luckily, there are ways to plan for his or her future in advance. Most commonly, this involves the execution of a special needs trust. A special needs trust allows an individual to preserve their eligibility for government assistance while also benefiting from your estate. This allows them to be provided with the basics of food, shelter, and medical care while also living a full and complete life.
Power of Attorney
Living longer also makes it more likely that you will become incapacitated and unable to make your own decisions at some point. While it is possible to have an individual appointed as a guardian or conservator after you have become incapacitated, it is more cost efficient to make these decisions for yourself using a durable power of attorney. A power of attorney can be used to appoint someone to handle your care and manage your property in these types of situations. You should also prepare a living will and health care proxy that will allow someone you trust to make medical decisions for you in the event you are unable to do so yourself. Hutchings Barsamian Mandelcorn, LLP will advise on all aspects of the above-mentioned matters and will work with a team of elder advocates to meet your specific needs.
With so many complex business, estate and tax issues involved, it is critical to work with an experienced attorney who understands these matters to ensure your life’s work does not go to waste. If you are an owner or stakeholder in a business, the skilled estate planning and business succession attorneys at Hutchings Barsamian Mandelcorn, LLP can put your mind at ease.