Pierce & Mandell, P.C.

11 Beacon Street, Suite 800
Boston, Massachusetts 02108-3002

Phone: (617) 720-2444
Fax: (617) 720-3693

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"Massachusetts Real Estate Litigation” by P&M Shareholder Michael C. Fee

Monday, July 30, 2018
Michael C. Fee, Pierce & Mandell, P.C., Boston, MA

Pierce & Mandell shareholder Michael C. Fee has authored the recently published LexisNexis® Practice Guide to Massachusetts Real Estate Litigation (2018 Edition). The book is intended to offer practical guidance on some of the most significant real estate issues currently being litigated in Massachusetts, and contains nearly 400 practice tips, forms and checklists. Designed to be useful to both new and experienced practitioners, the guide strives to provide succinct, easily accessible yet comprehensive analysis in the following areas:

  • Adverse Possession
  • Trespass
  • Nuisance
  • Construction Liens
  • Public Works Bonding
  • Easements
  • Restrictive Covenants
  • Eminent Domain
  • Foreclosures
  • Real Property Receiverships
  • Residential and Commercial Landlord Tenant
  • Broker Litigation, and
  • Community Associations

For more information about “Massachusetts Real Estate Litigation (2018 Ed.)”, go here.

We Need Legal Reform to Protect our Children in School and all People Attending Public Gatherings

Monday, February 19, 2018
Pierce & William Mandell

In addition to establishing a sane level of controls and limits on semi-automatic weapons and ammunition under both federal and state law, and better security, all states must look closely at their laws to strike the right balance between patient privacy and the need to protect public safety. I am reposting a blog and article about this topic I wrote after past mass shooting and terrorism tragedies.

See: http://www.piercemandell.com/pierce-and-mandell-pc-blog/bill-mandell-revisits-the-need-for-clarity-under-massachusetts-law-for-permitted-health-provider-dis





Pierce & Mandell Attorneys Achieve Defense Verdict

Wednesday, September 21, 2016

Bob Pierce and Lena Finnerty obtained a defense verdict on behalf of their client in a jury trial in Middlesex Superior Court that concluded on September 19, 2016.

The plaintiff in the case claimed that he suffered serious head injuries when he fell on black ice in the parking lot of the office park owned by Pierce & Mandell’s clients.  Plaintiff claimed in excess of $1 Million in lost earning capacity, and asked the jury for an award of over $4 Million.  The firm defended the case on the basis that the property owner client was not negligent, and that if the plaintiff did fall on black ice, the fall was caused by his own negligence.

The case was tried over 7 days, and the jury deliberated for approximately 2 ½ hours.  The jury determined that Pierce & Mandell’s client was not negligent, and the plaintiff was awarded nothing.

Bob Pierce has now achieved complete victory for his clients in well over 80% of the cases he has tried.

Dennis M. Lindgren Participates in MCLE Roundtable on Practicing with Professionalism for New Lawyers - Boston, MA

Tuesday, September 13, 2016

On September 12, 2016, Pierce & Mandell shareholder Dennis M. Lindgren participated in a lunchtime roundtable discussion for approximately 100 newly admitted lawyers in a program sponsored by Massachusetts Continuing Legal Education (MCLE).  Pursuant to Supreme Judicial Court Rule 3:16, newly admitted lawyers in Massachusetts must take a one-day professionalism course within 18 months of admission.  Throughout the day, new lawyers attended seminars and training on a variety of topics including ethics, court practice, managing a law practice and client funds, and successful attorney-client relationships.  During the lunch session, Lindgren and four other experienced attorneys (in both criminal and civil practice), spoke for about an hour, fielding questions from attendees on all manner of practical legal issues like managing difficult clients, interacting with court personnel, and the advantages to developing a mentor relationship with a more senior attorney.  “This is the fourth roundtable I have participated in for MCLE’s Practicing with Professionalism course.  Each time the questions are different, but what is constant is how enjoyable it is to talk directly with the newly admitted attorneys and hopefully, in some small way, help them along the road to developing a successful legal career.”   For more information on MCLE’s Practicing with Professionalism course, please click here.

Can Employers Uncover An Employee’s Criminal Records?

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.

Tom Kenney of Pierce and Mandell Will Be Speaking at the Massachusetts Bar Association Conference - Boston, MA

Friday, April 17, 2015

On May 14, 2015, Tom Kenney will be speaking at the Massachusetts Bar Association conference entitled "Trademark Acquisition and Enforcement: The Good, the Bad and the Ugly." Mr. Kenney’s presentation will address a wide variety of topics including trademark selection and enforcement, and how to defend trademarks against attacks from bullies and other villains.

In Praise of Judge Mary Beatty Muse

Monday, March 09, 2015

by Simone Gaines

The recent news of the passing of retired Judge Mary Beatty Muse at the age of 94 was felt throughout the legal community, particularly among the many women in the profession whose path in law and on the judiciary was made easier by Judge Muse’s extraordinary career.

As a third year law student at Suffolk University and law clerk at Pierce & Mandell, I have become very active in the Women’s Bar Association and the Suffolk University Women’s Law Association, which are jointly sponsoring a networking event March 17 for third-year women as they prepare to hit the ground in search of their careers. The “Backpacks to Briefcases” event celebrates the role of women in the legal profession and will include a panel of women already in their law careers.

There may be no better example of a remarkable career than that of Judge Muse, who had three children while going through law school and eventually had 11 children while also pursuing a highly successful career after graduating from Boston College Law School in 1950. At the age of 62, she was appointed to the Suffolk County Probate and Family Court where she remained on the bench until her mandatory retirement at the age of 70.

Her success, however, was not something she coveted for herself, but used as a means for engaging more women into the profession and encouraging them to advance.

Her son Chris, a Superior Court Judge, told The Boston Globe  that his mother worked tirelessly to encourage women as she encountered them.

“My mother would say, ‘We’re here to strategize to get women on the bench,’ ” said Chris Muse. “To those who found the prospect of trying to break the judiciary’s gender line daunting, “she said: ‘There are no barriers, just obstacles. And obstacles are opportunities.’ ”

As we prepare for our Suffolk event, it is fitting that we honor a woman who opened doors for women in law for more than 50 years. For more on the event, go to www.womensbar.org/calendar

Bill Mandell is Adjunct Professor of Law At Suffolk University

Thursday, December 04, 2014

Bill Mandell is serving as an Adjunct Professor of Law at Suffolk University Law School during the Fall 2014 semester teaching a course entitled Corporate Issues in Health Care.

MBA PROBATE LAW DAY

Monday, November 24, 2014

The Massachusetts Bar Association recently sponsored its Second Annual Probate Law Day.  The event drew hundreds of practitioners and judges from across the Commonwealth.  One of our partners, Bob Kirby, was invited to speak on the topic of “Cyberspace – The New Frontier of Estate Planning.”  Bob’s presentation focused on litigating over so-called “digital assets,” and on his representation of the estate in Ajemian v. Yahoo! in the Massachusetts Appeals Court.

Pierce & Mandell, P.C. Helps Celebrate the Good Work of the Massachusetts Bar Foundation at its 50th Anniversary Gala

Friday, November 14, 2014

Pierce & Mandell, P.C was a proud sponsor of the Massachusetts Bar Foundation’s 50th Anniversary Gala, held on October 23, 2014 at the Colonnade Hotel in Boston.  The Massachusetts Bar Foundation (MBF), the philanthropic partner of the Massachusetts Bar Association, supports projects that offer civil legal services to people who cannot afford them, and improve the administration of justice in the Commonwealth.  In 2014, the MBF awarded approximately Two Million Dollars through its annual Interest on Lawyers Trust Accounts (IOLTA) Grants Program to 82 programs conducted by 56 nonprofit organizations throughout Massachusetts.  Brockton-native Ken Feinberg was the guest of honor at the Gala, receiving the MBF’s Great Friend of Justice Award for the vitally important work he has done administering large settlement funds like the September 11th Victim Compensation Fund and One Fund Boston.  Pierce & Mandell, P.C.’s sponsorship of the Gala continues our long tradition of active involvement in the MBF, including the work currently done by Pierce & Mandell shareholder and current MBF Trustee, Dennis M. Lindgren.


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