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Pierce & Mandell, P.C.
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No Slogans... Just Results
No Slogans... Just Results

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Bill Mandell and Hannah Schindler Spinelli of Pierce & Mandell, P.C. will be presenting a continuing education seminar entitled Legal Issues in Practice Transitions at the 2019 Yankee Dental Conference on Thursday, January 31, 2019 at 2:00pm.
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The Massachusetts anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, G. L. c. 231, § 59H, authorizes a party sued because of his petitioning activity to file a special motion to dismiss within 60 days of service of the complaint. The purpose of the anti-SLAPP statute is to protect individuals from harassing litigation and from the burden of defending against retaliatory lawsuits.
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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:
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On July 12, 2018, Pierce & Mandell P.C. hosted clients, staff and friends of the firm at our first golf clinic for women at Tournament Players Club in Norton, Massachusetts.
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Pierce & Mandell Lawyers and Staff Run “Lawyers Have Heart 5K” in Support of the American Heart Association
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The Massachusetts Supreme Judicial Court’s recent ruling in Boelter v. Board of Selectmen of Wayland (SJC-12353, April 5, 2018) interprets and clarifies, for the first time, the meaning of the term “deliberation,” which was added to the Open Meeting Law in July 2010. The Open Meeting Law requires that, with the exception of executive sessions, “all meetings of a public body shall be open to the public.” General Laws c. 30A, § 20 (a). The statute defines a “meeting” as “a deliberation by a public body with respect to any matter within the body’s jurisdiction,” subject to certain limited exclusions. G.L. c. 30A, § 18.
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Hospitals and health care facilities, medical and other group practices, and individual clinicians regularly receive requests for patient records and information. It is often confusing for providers to determine when and under what circumstances they are permitted to disclose such records. Discovering parties can use the legal process to compel a response but cannot necessarily override applicable state privacy, confidentiality and privilege laws, as well as privacy rights under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), with a subpoena alone. HIPAA establishes minimum standards for the protection of protected health information (“PHI”) that do not preempt more protective state privacy laws and privileges. The following provides a brief overview on the differences between a court order, a subpoena, and an authorization for Massachusetts providers.
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Petitions to Partition, often brought in the Land or Probate Courts, allow the division of land owned by two or more individuals. The right to partition is absolute, and does not require the consent of other co-owners. For an excellent overview of general partition principles and practice, see Jeff Angley’s primer entitled "Partition of Land".
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Bridgewell, Inc., a Massachusetts non-profit organization that provides social and human services which empower individuals with disabilities and other life challenges to live safe, self-directed, and productive lives, has appointed Sam Hoff, an Associate at Pierce & Mandell, P.C. to its Board of Directors. At Bridgewell, Sam will serve on the Finance and Development & Marketing Committees.
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The Appeals Court’s recent decision in Cedar-Fieldstone Marketplace, LP v. T.S. Fitness, Inc., 17-P-791, 2018 Mass. App. LEXIS 30, serves as a stark reminder to commercial tenants and their counsel of potential guarantor liabilities that live on even after settlement of an underlying lease debt.
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