Trusted Legal Counsel Since 1918
Seder & Chandler, LLP
508-471-3018
Worcester
508-709-0024
Westborough
Menu Email Us Map

Seder & Chandler Blog

Divorce mistakes that can negatively impact the value of retirement accounts

many divorce-related changes in your life occurring simultaneously, finances are typically top-of-mind. As you attempt to budget for and adjust to a reduced monthly income and new housing costs and bills; it's important to keep these types of new financial responsibilities in mind when negotiating a divorce settlement.

In addition to a family home and any assets held in banking and savings accounts; assets held in retirement accounts are typically among the most valuable that an individual and couple has. It's important, therefore, to know what types of retirement accounts both you and a soon-to-be ex-spouse have, the value of these accounts and the rules that apply when such accounts are transferred, accessed and taxed.

The legal basics of a construction defect claim: part II

In our last blog post, we began discussing some of the legal claims that may be asserted and must be proved in cases involving allegations of construction defects. We also discussed the numerous players that may be involved or implicated in these types of cases. As previously noted, legal claims that are commonly alleged in construction defect cases include negligence, breach of contract, strict liability and fraud.

In our last blog post, we discussed the critical role that contracts play in the residential and commercial real estate industry. From a legal standpoint, in a construction defect case; a close review of the contractual terms between buyers, developers, builders, contractors and suppliers will help determine which parties may be held responsible. If proven, a breach of contractual obligations and provisions can result in one or more parties shouldering the financial responsibilities related to the legal dispute as well as any court-ordered remedies.

The legal basics of a construction defect claim: part I

From building materials to the actual construction of a structure, to ensure projects are completed on-time and on-budget, residential and commercial developers must rely upon numerous suppliers, contractors and builders. Unfortunately, despite a developer's best intentions, there are times when one or more of the parties that are involved in the building and construction process fails to fulfill their contractual obligations.

In cases where defects related to the construction of a building are identified; a developer, individual or business owner may choose to take legal action. Legal disputes involving construction defects may relate to the actual building materials used in a project, design deficiencies, construction problems and even deficiencies with the subsurface or soil upon which a structure was built.

Is your company vulnerable to product liability lawsuits?

For any business owner and company, building a strong name and reputation are vital components of growing and furthering business interests. In cases where a business' services or products are found or believed to be somehow deficient, deceptive or dangerous; a business' reputation and financial standing can take a huge hit. This is especially true in cases where a product is linked to injuries. 

Some of the most famous and costly product liability cases include lawsuits related to GM's faulty ignition switches and McDonalds' hot coffee. In these cases, people suffered harm, injury and death due to defective and dangerous products. From a business owner's perspective, it's important to understand one's legal responsibilities with regard to product safety as well as the legal requirements that must be proven for a product liability lawsuit to be successful. 

What factors do Massachusetts judges consider in assigning property?

In divorce, couples are ideally able to come to a mutually acceptable agreement regarding the division of marital property. Many couples, however, are not able to do this and must have the intervention of a court to solve the matter. As we’ve previously mentioned on this blog, Massachusetts courts utilize an approach to property division known as equitable distribution.

Under Massachusetts’ equitable distribution law, the marital estate includes all property owned by either party, including property owned prior to marriage. This isn’t the case in every equitable distribution state. In addition, there is no presumption of a half-half distribution of the marital estate. In determining exactly how to distribute the marital estate, courts consider a variety of factors.

Regaining control of your life through the divorce process

You've likely heard the statistic that roughly 50 percent of U.S. marriages eventually end in divorce. While divorce is common and a number of people you know may be divorced, it's completely different when you're the one who is actually going through the process.

In our last blog post, we discussed some of the key documents you'll need to gather as you embark on the divorce process. In this post, we'll explore aspects of the divorce process that are more personal and likely to impact one's day-to-day life.

Documentation is a key part of a successful divorce

When someone decides to file for divorce or is even considering it, they often come in with a lot of questions when they visit their divorce attorney. One of the first questions that they may ask is about documentation: what paperwork will I need for this process?

Although the answer might be quite overwhelming, a lawyer can slowly take you through the process and also ensure that you do not miss any crucial paperwork. While every divorce case will have its own set of unique circumstances, an experienced divorce attorney usually knows the right questions to ask in order to make sure nothing crucial is missed during the division of property.

Are these provisions included in your commercial lease?

Most businesses must eventually expand to include at least one actual brick-and-mortar location. When attempting to determine the best office or retail space to lease, most business owners focus solely on location and cost. While certainly important, there are also provisions that may or may not be included in a commercial lease that can both negatively or positively impact a business’ success and overall bottom-line.

Commercial lease agreements can be notoriously complicated and convoluted. To avoid unexpected costs or unpleasant surprises down the road, business owners are advised to ensure that they have an attorney who handles commercial real estate matters review and assist in the negotiation of a lease contract.

Study examines why ambivalence is harmful to a marriage

The Merriam-Webster Dictionary defines ambivalence as being "simultaneous and contradictory attitudes or feelings toward an object, person or action." While feeling ambivalent may be an appropriate reaction to thinking about going camping or attending a work conference; when it comes to personal relationships, such feelings can be harmful.

When two people meet and fall in love, they genuinely find each another interesting and want to know everything about one another. However, with time often comes a certain level of comfort and complacency which, in some cases, can manifest into or be interpreted by a significant other as ambivalence. According to a recent study that was conducted by researchers at Brigham Young University, when feelings of ambivalence dominate a marriage, spouses are more likely to feel unhappy and stressed out.

How filing for Chapter 11 bankruptcy can benefit a business

At times, every business faces challenges. Often such challenges are financial in nature and stem from increased competition and loss of market share, economic downturns and underperforming investments. When a business is facing financial difficulties, it's wise to seek the advice and assistance of an attorney who handles business debt reorganization and bankruptcy matters.

Chapter 11 bankruptcy provides business owners and businesses the opportunity to hit the pause button and formulate a plan for how to reorganize and strengthen business operations. From a business standpoint, the goal of the bankruptcy process is to restructure business operations to regain profitability.

Back to top