• Raising the Bar 3.0

    July 30, 2017

    We recently launched an initiative to engage associate attorneys in developing their networking and business development skills called “Raising the Bar 3.0.”  It was set up as a business development initiative where each associate attorney was assigned a secret identity known only to the administrator of the initiative.  Each networking and...

  • Appeals Court Confirms Use of Net Investment Method to Calculate Claims in Ponzi Scheme

    June 12, 2017

    When a Ponzi scheme collapses, as they all eventually do, the court must develop a process for repayment of victims based upon the limited funds that may be available.  A critical component of this process is determining the amount of a victim’s claim that will share in any recovery.  The Second Circuit Court of Appeals recently issued a...

  • Attorney Andrea MacIver writes how DraftKings and FanDuel are changing how we do business.

    April 26, 2017

    Attorney Andrea MacIver wrote "SHOOT NOW, ASK QUESTIONS LATER: HOW TECHNOLOGY-BASED STARTUPS DRAFTKINGS AND FANDUEL ARE CHANGING THE WAY WE DO BUSINESS" for the Quinnipiac Law Review, Vol. 35, Rev. 217. I. INTRODUCTION “We were really focused on how to get a business started, how to raise capital, how to find an office. We weren't thinking...

  • Discharge of claims in bankruptcy – Covenants not to compete

    April 10, 2017

    One of the principal benefits for an individual filing for bankruptcy is the so-called fresh start, that is, a discharge of liabilities that arose prior to the bankruptcy.  A recent decision of the Massachusetts Bankruptcy Court addressed the right to a discharge in relation to covenants not to compete with a former employer or...

  • Bankruptcy Court Allows Exemption for Property Not Used as Principal Residence

    February 21, 2017

    In November 2016, we provided an update on a novel bankruptcy case addressing an individual’s right to exempt the value of their home under the Massachusetts homestead law.   Specifically, the case involved whether Massachusetts law could be applied to exempt the value of property located in another state (it can).  A Massachusetts bankruptcy...

  • Murphy & King Announces New Shareholder, Attorney Steven M. Veenema

    January 18, 2017

    Murphy & King, Professional Corporation announced today that Attorney Steven M. Veenema has been elected a Shareholder of the firm. After beginning his career at a large Boston firm, Veenema has been practicing at Murphy & King since 2012. He represents clients in complex business disputes, focusing on shareholder, intellectual property...

  • Bankruptcy Court allows for substantive consolidation of debtor and nondebtor.

    January 9, 2017

    Occasionally, a person or company in bankruptcy (the debtor) and a related person or company allow their financial affairs to become a bit too entangled. In these circumstances, bankruptcy courts may impose several remedies, one of which is substantive consolidation. Substantive consolidation effectively provides for the merger or combination of...

  • Murphy & King Announces New Associate, Attorney Andrea L. MacIver

    January 3, 2017

    Boston, MA – (January 3, 2017) – Murphy & King, Professional Corporation announced today that Andrea L. MacIver has joined the firm as an Associate working on complex business and commercial litigation matters. In this role, Ms. MacIver will assist the practice in shareholder disputes, claims of commercial fraud, IP disputes and complex...

  • First Circuit Rules on Applicability of Automatic Stay to Government Action in Bankruptcy

    December 14, 2016

    The First Circuit Court of Appeals recently ruled that the federal government was able to terminate a bankrupt's Medicare/Medicaid Provider Agreement without violating the automatic stay, rendering an important decision on the intersection of bankruptcy and Medicare law. On June 15, 2015 Parkview sent the Center for Medicare & Medicaid...

  • Bankruptcy Appellate Panel Rules on Trademark Rights of Licensee

    December 1, 2016

    The bankruptcy appellate panel for the First Circuit (BAP) recently ruled on the rights of a licensee of trademarks when the licensor files for bankruptcy and the licensor rejects the contract during the bankruptcy case. Tempnology, the debtor in bankruptcy, had a prepetition agreement with Mission Product Holdings (MPH) giving MPH certain...

  • Summary of panel “Reassessing Arbitration in 2016: Making It Work for Business”

    November 22, 2016

    Attorney David Evans participated as part of a panel of experienced arbitrators, advocates and inside counsel discussing arbitration in 2016 and focusing on (a) real world experience and data regarding litigation and arbitration time tables and costs; (b) when arbitration makes sense and when it might not; and (c) a detailed overview of the most...

  • Summary of the “Current Retail Bankruptcy” panel at the 18th Annual New England Bankruptcy Law Conference

    November 18, 2016

    Andrew Lizotte chaired a panel on Current Retail Bankruptcy Issues at the 18th Annual New England Bankruptcy Law Conference held in Boston on November 16, 2016.  Andrew’s presentation focused on recent operational and legal developments impacting the retail industry.  Andrew was joined on the panel by Don Rothman at Riemer & Braunstein,...

  • Bankruptcy Court Rules on Right to Use Massachusetts Homestead Law for Out of State Property

    November 15, 2016

    When an individual files for bankruptcy, the law generally allows that individual (the "debtor") to keep, or exempt, certain assets, with the remaining assets being sold to pay claims of creditors.  Exemption rights are designed to help the debtor achieve a "fresh start" after bankruptcy.  In Massachusetts, state law allows a debtor to exempt...

  • Summary of the International Business Law panel at Business Globalization Forum 2016

    November 11, 2016

    Jonathan O’Brien presented during a panel on international business law at the Business Globalization Forum held in Boston this past November 4, 2016. BGF is an annual conference designed to explore new trends and exchange ideas in international business. Jonathan’s presentation focused on three key aspects that must be the subject of...

  • Atlantic Marine Three Years On—The Survival of Rule 12(b)(6) in Enforcing Forum-Selection Clauses

    November 3, 2016

    Almost three years ago now, the Supreme Court decided Atlantic Marine Construction Company v. U.S. District Court for the Western District of Texas, 134 S. Ct. 568 (2013) and instructed both courts and litigants on the correct procedural and analytical framework for enforcing a contractual forum-selection clause. The Court held that: (1) the party...