On June 21, 2022, President Biden signed S. 3823, also known as the “Bankruptcy Threshold Adjustment and Technical Corrections Act” into law, amending the Small Business Reorganization Act of 2019 (the “SBRA”) to increase the eligibility debt cap for businesses filing under subchapter V of chapter 11 of the Bankruptcy Code (“Subchapter V”) from $2,725,625.00…
The Industry: July 2022
POSTED IN: Articles & Quotes, Hospitality Practice Group, News, The Industry
Don’t Drown In the Tip Pool: An Overview of the Massachusetts Tip Pooling Statute
Tip pooling is the practice of taking gratuities received from patrons and either pooling all or part of them to be distributed to other employees. It is the typical practice for restaurants, banquet facilities and other places where prepared food or beverages are served to implement some form of tip pooling as part of their…
POSTED IN: Employment Law, Hospitality Practice Group, News
The Industry: June 2022
POSTED IN: Articles & Quotes, Hospitality Practice Group, News, The Industry
Client Alert – Proposed Increase to Alcohol Retail License Cap
Proposed Massachusetts Ballot Initiative Would Increase Retail Liquor License Cap A proposed ballot initiative is currently pending with the state legislature and, if the requisite signatures are obtained by the July 6, 2022 deadline, would appear on the ballot this November. The petition, titled “An Initiative Petition for a Law Relative to 21st Century Alcohol…
POSTED IN: Hospitality Practice Group, News
Key Considerations for Restaurant Construction Contracts
Restaurant owners are well aware of the financial risks associated with running a restaurant, especially after over two years of pandemic-driven impacts across the restaurant industry. Just as important, however, is an awareness of the financial risks associated with building the restaurant space in the first place. Although no contract can completely shield an owner…
POSTED IN: Hospitality Practice Group, News
Appeals Court Issues Important Clarification of its Recent Prompt Payment Decision
On June 24, 2022, the Massachusetts Appeals Court issued a revised decision of its recent highly anticipated opinion affirming judgment in favor of RIW’s client, a general contractor, under the Massachusetts Prompt Payment Act (the “Act”). The revision clarified a small, but significant part of the decision regarding whether an owner who has violated the…
POSTED IN: Commercial Real Estate, Construction Law, Litigation
RIW Alert: RIW Construction Group Wins Appeal Under Massachusetts Prompt Payment Act
In a highly anticipated decision, the Massachusetts Appeals Court affirmed a $5 million judgment in favor of RIW’s general contractor client under a seldom-used law known as the Massachusetts Prompt Payment Act. In November 2020, RIW construction law attorneys Bradley Croft, Kirk McCormick, and Roger Smerage secured summary judgment in Suffolk Superior Court in favor of their client in…
POSTED IN: Commercial Real Estate, Construction Law, Litigation
Ari N. Stern Joins Ruberto, Israel & Weiner as a Shareholder in the Litigation Department and in the Franchise Law and Hospitality Practice Groups
RIW is pleased to announce that Ari Stern has joined the firm as a shareholder in the Litigation Department and in the Franchise Law and Hospitality Practice Groups. Ari utilizes a pragmatic, interest-based approach to assist companies and executives in high-stakes commercial and employment disputes. Ari is a nationally-recognized franchise attorney whose expertise and leadership are a valuable addition to a…
POSTED IN: Franchise Law, Hospitality Practice Group, Litigation, News
RIW Attorney Jeremy Y. Weltman to Host Strafford’s Upcoming Webinar about Allocating Risk in Real Estate Leases
We are pleased to announce that Jeremy Y. Weltman will be speaking in an upcoming Strafford live video webinar, “Allocating Risk in Real Estate Leases: Contractual Indemnities, Additional Insured Endorsements, Subrogation Waivers” scheduled for Thursday, May 19, 1:00pm-2:30pm EDT. Indemnification agreements are widely used to shift risk in a variety of real estate transactions. Real…
POSTED IN: Commercial Real Estate, News