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...

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...

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, 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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

One of my friends managed to get pregnant but she did not go to the hospital, and after all the tests and ultrasound, she ordered Cytotec tablets in the doctor's office, then at home. Murphy & King shareholder Ethan Jeffery sat down with Banker & Tradesman to discuss the recent roll-out of Murphy & King's video series, and what it means for the legal profession. https://vimeo.com/187595383    

Boston – (September 20, 2016) – Murphy & King, P.C., a top tier boutique law firm practicing bankruptcy and financial restructuring, business litigation, and corporate and real estate transaction law, announced today the launch of the firm’s new integrated marketing campaign featuring its new video series and website that reflects how...

One of the principal benefits for an individual filing for bankruptcy (a “debtor”) is the entry of a discharge, or forgiveness of debts arising prior to the bankruptcy filing.  Section 727 of the Bankruptcy Code provides circumstances under which a debtor may have their discharge denied in its entirety.  Section 523 of the Code, in turn,...

One of the principal benefits of purchasing assets out of bankruptcy is that buyers typically are able to acquire the assets “free and clear” of the liabilities of the company in bankruptcy.  This ability allows the purchaser to better estimate value for the assets or business to be acquired by limiting concerns of inheriting problems of the...

Have you ever sent a text and immediately regretted it? Have you ever sent a text that ultimately became a binding contract to sell a $3 million dollar piece of real estate? Loose fingers beware, according to a recent Massachusetts court decision a text can be deemed to constitute consent to a binding real estate transaction. In St. John’s...

Shareholder David Evans’ opinion piece about the core arbitration concept at stake in the “Deflategate” case involving Quarterback Tom Brady and Roger Goodell was reprinted in full in The Washington Post article "

Boston, MA – (May 23, 2015) – Murphy & King, Professional Corporation announced today that Attorney Peter Obersheimer has been accepted into the Boston Bar Association’s prestigious Public Interest Leadership Program (PILP.) He is one of 17 attorneys who represent a wide variety of practice areas, including legal services, firms and solo...