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Pierce & Mandell Sponsor St. Camillus Health Center Golf Tournament

Joseph Coupal - Tuesday, May 31, 2016

Pierce & Mandell was  a proud sponsor of the third annual St. Camillus Health Center golf tournament held at Blissful Meadows Country Club in Uxbridge on May 24.  The tournament raised thousands of dollars for St. Camillus, a non-profit facility located in Whitinsville that provides rehabilitation, skilled nursing and short and long term care to the poor, sick and elderly.  Pierce & Mandell lawyers Robert Kirby, Bill Mandell, Michael Fee and Scott Zanolli braved challenging weather conditions in support of this very worthy charitable endeavor.

Pierce & Mandell, P.C. – Proud Sponsor of Boston Bar Association’s Law Day Celebration

Joseph Coupal - Monday, May 23, 2016

Justice Rebecca Kourlis, founder of the Institute for the Advancement of the American Legal System, spoke on reforming legal education and expanding access to justice at the BBA’s Law Day dinner.  She was seen chatting with Bob Pierce.

Attorney Curtis B. Dooling Admitted to Supreme Court Bar - Boston, MA

Joseph Coupal - Monday, May 16, 2016

On Monday, May 2, 2016 Pierce & Mandell, P.C. attorney Curtis B. Dooling was admitted to the Bar of the United States Supreme Court. Dooling was admitted along with fellow alumni of New England Law | Boston, where he graduated in 2006 and where he is an Adjunct Professor of Legal Research and Writing. United States Supreme Court Chief Justice John Roberts administered the oath to Dooling and his fellow admittees.

Dooling is also admitted to practice in Massachusetts, New Hampshire, the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit. Dooling is a litigator with a focus on tort litigation, real estate and land use litigation and commercial litigation.

House and Senate Pass BBA Bill Promoting Development

Joseph Coupal - Monday, May 16, 2016

Michael C. Fee recently assisted the Boston Bar Association’s lobbying efforts in support of House and Senate Bills designed to clarify the scope of General Laws Chapter 40A, § 7, and codify the principle that non-compliant structures and uses that survive applicable statutes of limitations should be granted the status of a pre-existing, non-conforming structure or use, subject to the protections of G.L. c. 40A, § 6.

Michael testified before the Judiciary Committee, worked with Senate Ways and Means Committee staff, and conferred with Senator Keenan in an effort to move the bills forward.

The Senate version, S. 2259, passed last week, and the legislature is currently in the process of reconciling it with a House version (H. 3611) which passed last June. Click here to read the BBA’s press release on these endeavors.

Michael Fee served as a Boston Bar Association representative to the land Court

Joseph Coupal - Thursday, May 05, 2016

Michael Fee served as a Boston Bar Association representative to the land Court’s Alternative Litigation Options Working Group. The Group has recently proposed rule changes designed to make litigation in that court more speedy, efficient and less costly.

 

 

 

Bill Mandell will be Boston Bar Association Featured Panelist

Joseph Coupal - Wednesday, April 13, 2016

Health Law Practice leader, Bill Mandell, will be a featured panelist on April 28, 2016 at the Boston Bar Association’s seminar entitled: “New DOI Guidance on Direct Primary Care Practices in Massachusetts.”

Can Employers Uncover An Employee’s Criminal Records?

Joseph Coupal - Wednesday, March 09, 2016

By: Scott M. Zanolli

When one considers the phrase “sealed record,” what words or phrases come to mind? Airtight?  Impenetrable?  While records should remain sealed to an employer who may file a Criminal Offender Record Information (CORI) request as part of a background check on a potential employee, neither word accurately describes the working definition for sealed records under Massachusetts law (M.G.L. Chap. 276, § 100A). Even after a record is officially “sealed,” there are certain government agencies that can always access criminal records.  For example criminal justice agencies, firearms licensing authorities, and some government agencies that work with children may still obtain all CORI records.

The general rule in Massachusetts is that someone wishing to seal a criminal record can petition the state Commissioner of Probation after a waiting period of five years for a misdemeanor conviction or after a waiting period of ten years for a felony conviction.  The clock resets, however, if the petitioner is convicted of another misdemeanor or felony during that waiting period (in Massachusetts or in another state). And the waiting period starts the date the petitioner is found guilty OR completes a period of incarceration – whichever date is later.

Some other twists and turns:

  • A judge can seal a case before the waiting period runs;
  • Courts can also seal dismissed cases or cases where the prosecutor dropped the case (nolle prosequi) or cases that ended up with a finding of not guilty;
  • If a case is continued without a finding (CWOF), the waiting period commences on the date of the CWOF, not the later date set by the court for the final dismissal;
  • Some charges come with longer waiting periods, such as restraining order violations.
  • Some misdemeanors are treated as felonies when it comes to the waiting period and carry the ten year waiting period, not the five year standard;
  • Sex offense convictions carry longer waiting periods before a record can be sealed (if indeed it can be sealed). Any conviction for a sex offense that results in having to register with the Sex Offender Registry is not even eligible for consideration for sealing until 15 years after the conclusion of the case, including release from incarceration and the end of supervision and probation;
  • And then there are convictions where a record can never be sealed. These are Level 2 and Level 3 sex offenses and certain firearm-related convictions.

Pierce & Mandell attorneys routinely represent employers and employees in matters involving CORI requests, sealed records, and other regulatory issues impacting the employer-employee relationship.  Visit us at www.piercemandell.com or contact Scott Zanolli at scott@piercemandell.com.

Pierce & Mandell Attorneys Recognized as Super Lawyers and Rising Stars 2015

Joseph Coupal - Wednesday, November 04, 2015

Pierce & Mandell, P.C. is proud to announce that partners Bob Pierce, Bill Mandell, Michael Fee and Dennis Lindgren have been selected as 2015 Massachusetts Super Lawyers.  Associates Paul Hourihan and Curtis Dooling have been designated 2015 Massachusetts Rising Stars.

Bob Pierce was recognized as a Super Lawyer in the practice of Civil Litigation Defense, Bill Mandell in Health Care Law, Michael Fee in Business Litigation and Dennis Lindgren in Plaintiff’s Personal Injury.  Paul Hourihan was recognized as a Rising Star in the practice of Civil Litigation Defense and Curtis Dooling in Land Use/Zoning Law.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations.  Rising Stars are those attorneys under the age of 40 who have been nominated by peers for excellence in their chosen practice area.  Candidates are then evaluated utilizing twelve indicators of peer recognition and professional achievement.  No more than 3 percent of eligible lawyers in Massachusetts are named to the Rising Star list each year.

The Super Lawyers supplement will be published in the November, 2015 issue of Boston Magazine and is widely distributed in regional publications and across the country.

For information or assistance from Pierce & Mandell, P.C., contact us.

Pierce & Mandell partner Michael C. Fee Appointed to Boston Bar Association Council

Joseph Coupal - Monday, July 27, 2015

Michael C. Fee was recently appointed to a four-year term, commencing in September, as a member of the Council of the Boston Bar Association (BBA).  The BBA is one of the oldest bar associations in the United States and the hub of the legal profession in Boston.  Its mission is to advance the highest standards of excellence for the legal profession, facilitate access to justice, and serve the community at large. Headquartered at 16 Beacon Street in the historic Chester Harding House, the BBA has more than 12,000 members drawn from private practice, corporations, government agencies, legal aid organizations, the courts, and law schools. The 34 member Council, headed by incoming President Lisa Arrowood, governs the activities of the BBA and its more than 100 sections and committees, dedicated to the study of substantive areas of law, improving the delivery of legal services, and promoting diversity and inclusion in both the profession and our courts.

Are Chimpanzees Human Enough To Be Granted Some Human Rights by Karen Rabinovici

Joseph Coupal - Tuesday, July 21, 2015

by Karen Rabinovici

Pierce & Mandell associate attorney Karen Rabinovici takes on the unusual topic in the July 2015 edition of Massachusetts Lawyers Journal in an article entitled  “Are Chimpanzees Human Enough To Be Granted Some Human Rights?” The article describes two chimpanzees – Hercules and Leo, both 8, - who have both been used in research at Stony Brook University in New York and are at the center of a court proceeding. The judge in the case has ordered Stony Brook to defend its detention of the chimps, whose freedom the Nonhuman Rights Project is advocating for, arguing that because chimpanzees have skills similar to human reasoning and self-determination, such captivity amounts to unlawful imprisonment.

“The Nonhuman Rights Project’s ultimate goal is to free the captive chimpanzees (along with others) and move them to a sanctuary where they can live as naturally as possible amongst other chimpanzees,” Rabinovici writes. “It has long been accepted that chimpanzees possess many characteristics originally believed to be exclusive to human beings. So the question is, do chimpanzees have enough human characteristics to be granted some human rights?”


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