litigation and dispute resolution

Tarlow, Breed, Hart & Rodgers steps up to join the ABA-EPA Law Office Climate Challenge.

July 23, 2010 // by admin

DATELINE: BOSTON, MA…
Tarlow, Breed, Hart & Rodgers has stepped up to the plate once again to champion conservation efforts at their Boston office by joining the ABA-EPA Law Office Climate Challenge. The firm also recently achieved certification as a “Sustainable Business Leader” by participating in the Boston Redevelopment Authority (BRA) and Mass Department of Environmental Protection (DEP)’s Sustainable Business Leader Program (SBLP).

The ABA-EPA Law Office Climate Challenge is being presented by the American Bar Association (ABA) Section of Environment, Energy and Resources (SEER), in cooperation with the U.S. Environmental Protection Agency (EPA.) The ABA Law Practice Management Section (LPM) is also co-sponsoring this initiative. Law offices participating in the Climate Challenge are encouraged to take specific steps to conserve energy and resources, as well as reduce emissions of greenhouse gases and other pollutants.

Tarlow, Breed, Hart & Rodgers’ involvement in the Climate Challenge entails the adoption of best practices for office paper management by reducing paper usage, increasing recycled content in paper purchased, and increasing recycling.
Some of the best practices that Tarlow, Breed, Hart & Rodgers are employing to improve office paper management include:
• Purchasing copier, printer, letterhead, and bond paper, as well as business and manila envelopes, with at least a 30% post-consumer recycled content.
• Recycling approximately 90% of discarded mixed office paper, defined as all types of white copier and printer paper, bond and letterhead paper, note paper, colored paper, and envelopes.
• Instituting a policy of double-sided printing and copying for drafts and internal documents by setting copiers and printers on double-sided as the default mode.

Law offices that adopt at least two of these three best practices will qualify as a “Law Office Climate Challenge Partner.”

Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

Tarlow, Breed, Hart & Rodgers steps up to join the ABA-EPA Law Office Climate Challenge.Read More

Attorney Lee Holland of Tarlow, Breed, Hart & Rodgers, P.C. urges consumers to learn how to protect themselves from investment fraud.

July 30, 2009 // by admin

DATELINE: BOSTON, MA…
Do you know how to protect yourself from the next Bernie Madoff when you choose a broker or make an investment? Attorney Lee Holland, of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA, firmly believes in the age-old adage that if an investment opportunity sounds too good to be true it probably is.

However, Attorney Holland, who is also a Public Arbitrator for the Financial Industry Regulatory Authority (FINRA), the largest independent regulator for all securities firms doing business in the United States, urges investors to go a step further to arm themselves against the potential of investment fraud.

“Education and information are the best tools against possible investment fraud. As a FINRA arbitrator I see the aftermath of poor choices made by both investors and financial industry professionals. As a result of this experience, I have become a strong proponent of promulgating information to better educate those on both sides of the investment equation and have found FINRA to be a great educational resource,” explains Holland.

Despite the high profile cases of investment fraud in the headlines, the potential for new fraudulent investment schemes may increase as investors, eager to recoup their losses in times of continued economic uncertainty, fall prey to a new generation of scam artists.

To help avoid investment fraud:
1.    Verify the license of anyone promoting an investment opportunity:
•    For brokers check www.FINRA.org
•    For investment advisors visit www.adviserinfo.sec.gov
•    For insurance agents check your state insurance department
•    For all sellers check with your state securities regulator
2.    Verify that an investment is registered:
•    Check investment registrations at www.sec.gov/edgar.shtml
3.    Be aware of the warning signs of investment fraud:
•    Unreasonable guarantees
•    Unregistered products
•    Promise of no fluctuations in returns
•    Complicated investment strategies
•    Undocumented securities or stocks
•    Incomplete or inaccurate account statements
•    Pushy salespeople warning you must “act now”
4.    Avoid fitting the investment fraud victim profile found in a 2007 FINRA survey:
•    Victims often own high-risk investments, including penny stocks, promissory notes, futures, options or private investments in foreign currency;
•    Victims tend to rely primarily on friends, family, co-workers for investment advice (70 percent)
•    Victims can be too open to new investment information (for example, three times as many victims went to a free investment seminar than the national sample)
•    Victims may fail to check the background of an investment or a broker
•    Victims are often unable to spot persuasion tactics used by fraudsters

Holland urges all investors to invest their time becoming better educated, before investing their money, to avoid the risk of becoming a future victim of investment fraud. Attorney Holland, an Associate in Tarlow, Breed, Hart & Rodgers’ Litigation Group, has extensive experience with alternative dispute resolution, both as an advocate and as a neutral.

FINRA
FINRA, the Financial Industry Regulatory Authority, is the largest independent regulator for all securities firms doing business in the United States. FINRA is dedicated to investor protection and market integrity through comprehensive regulation. FINRA touches virtually every aspect of the securities business – from registering and educating all industry participants to examining securities firms; writing and enforcing rules and the federal securities laws; informing and educating the investing public; providing trade reporting and other industry utilities; and administering the largest dispute resolution forum for investors and firms.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.

Attorney Lee Holland of Tarlow, Breed, Hart & Rodgers, P.C. urges consumers to learn how to protect themselves from investment fraud.Read More

Attorney Richard P. Breed, III of Tarlow, Breed, Hart & Rodgers, P.C. is awarded prestigious Accredited Estate Planner designation.

May 29, 2009 // by admin

DATELINE: BOSTON, MA…
Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA has announced that Attorney Richard P. Breed, III has been awarded the prestigious Accredited Estate Planner (AEP) designation by the National Association of Estate Planners & Councils (NAEPC).

The AEP designation is granted by the National Association of Estate Planners & Councils to recognize estate planning professionals who meet stringent requirements of experience, knowledge, education, professional reputation and character. Those receiving this accreditation must embrace the team concept of estate planning and adhere to the NAEPC’s Code of Ethics.

A co-founder of Tarlow, Breed, Hart & Rodgers, Breed has extensive experience in the field of estate and business planning. He regularly advises business owners and their families on the complexities of estate planning and administration, taxation and corporate law. Named a Massachusetts Super Lawyer by Boston Magazine for the past five years, Breed has authored numerous articles on estate planning and taxation issues. He has also served as an adjunct professor both at the New England School of Law, and the Suffolk University School of Law.

Breed is a resident of Marblehead, MA.

National Association of Estate Planners & Councils
The National Association of Estate Planners & Councils (NAEPC) is a national organization of professional estate planners and affiliated Estate Planning Councils focused on establishing and monitoring the highest professional and educational standards. NAEPC fosters public awareness of the quality services rendered by professionals who meet these standards. NAEPC builds a team approach involving cross-professional disciplines to better serve the public’s need in estate planning.

Attorney Richard P. Breed, III of Tarlow, Breed, Hart & Rodgers, P.C. is awarded prestigious Accredited Estate Planner designation.Read More

Tarlow, Breed, Hart & Rodgers invites the public to attend a free seminar on “Wills and Trusts in Uncertain Times” at the Dover Town Library on May 20, 2009 from 6:00 to 8:00 PM.

May 13, 2009 // by admin

DATELINE: BOSTON, MA…
Are you relying on yesterday’s strategies to deal with today’s issues? Uncertain times are leading to changing economic circumstances for many individuals and families, making estate planning a topic of critical interest.

Learn more about “Wills and Trusts in Uncertain Times” at a seminar presented by Tarlow, Breed, Hart & Rodgers of Boston, to be held on Wednesday May 20, 2009 from 6:00 to 8:00 PM at the Dover Town Library located at 56 Dedham Street in Dover, MA. The seminar is free and open to the public and light refreshments will be served. To reserve your place, please call (617) 218-2097 or email events@tbhr-law.com.

The seminar will be presented by Perry Ganz, Esq. a partner with Tarlow, Breed, Hart & Rodgers, P.C of Boston. Attorney Ganz focuses his practice in the areas of estate planning and taxation and was named a Massachusetts Rising Star by Boston Magazine. He is a frequent speaker on estate planning strategies and has written articles for various publications, as well as the chapter entitled “Making Charitable Contributions” in Drafting Estate Plans, a Massachusetts Continuing Legal Education publication. He has also been quoted in the Wall Street Journal on changes in the federal estate tax law.

A variety of real life issues will be discussed, including common estate planning errors, asset protection strategies, estate tax reduction strategies, and avoiding probate. Plan on attending to learn more and to explore current estate planning issues and options.

Please note: This seminar is not sponsored by the Dover Town Library.

Tarlow, Breed, Hart & Rodgers invites the public to attend a free seminar on “Wills and Trusts in Uncertain Times” at the Dover Town Library on May 20, 2009 from 6:00 to 8:00 PM.Read More

Common sense practices can lessen the liability of email evidence in a world gone viral.

May 1, 2009 // by admin

DATELINE: BOSTON, MA…
Never underestimate the power of the written word – particularly if it’s in an email. Emails have become so deeply embedded in today’s business culture that little thought is given to the fact that they leave an electronic footprint that in litigation terms is akin to leaving DNA evidence at the scene of a crime.

“Judges are more and more willing to accept emails into evidence at a trial,” notes Kerry T. Ryan, Esq. of Tarlow, Breed, Rodgers, P.C. in Boston, who handles complex litigation matters for the firm. “Disputes that once revolved around “he said/she said” versions of conversations are now often quickly and decisively confirmed or denied through the introduction of email evidence. Surprisingly, many business people remain unaware of the lasting nature of their email communications.”

We’ve all heard the stories… An employee dashes off an email to a colleague, complaining about a customer or a fellow employee – minutes later, the message has been shared with the entire company and even forwarded outside the company to its competitors. Or, a project manger emails a client to say, “Sorry, we screwed up!” The project manager intends this to be a private communication, a quick apology to maintain good relations with his counterpart at the customer’s office, not a legal admission of guilt by his employer, as it might be interpreted a year later when the email reemerges as evidence in a legal dispute.

“Since emails can offer quick confirmation of concerns or doubts about a person’s performance, a project’s completeness, or a vendor’s error, it’s wise for businesses to periodically review their approach to the use of emails,” Ryan remarked. “It seems that common sense often gives way to expediency in email communications – a flaw that can be easily remedied by considering the following tactics for business emails.”

Basic Business Email Practices 101:
•    Never send an email when you’re angry or tired
•    Don’t take the bait by instantly responding to a nasty email – observe the 24 hour rule
•    Don’t use sarcasm – it’s often difficult to tell whether it’s sarcasm or the truth
•    Be professional – off the cuff comments may not be construed as they were written
•    Take time to reflect on the content of what you’re writing, just as you would with a letter
•    Proofread your emails – misspelling and poor grammar reflect back on your business
•    Think before you hit reply – are you actually confirming receipt of negative content? If in doubt, compose a new email
•    Limit access to your email password
•    Eliminate previous threads – prior emails at the bottom of new emails may contain information that you don’t want to share with the latest recipient, particularly if later forwarded to others

And most importantly, before you hit “send”, think about what your email would look like as it is blown up and shown to a room full of strangers in a courtroom.

Common sense practices can lessen the liability of email evidence in a world gone viral.Read More

Tarlow, Breed, Hart & Rodgers invites the public to attend a free seminar on “Wills and Trusts in Uncertain Times” at the Wellesley Free Library on April 15, 2009 from 7:00 to 8:30 PM.

March 31, 2009 // by admin

Learn more about “Wills and Trusts in Uncertain Times” at a seminar presented by Tarlow, Breed, Hart & Rodgers of Boston, to be held on Wednesday April 15, 2009 from 7:00 to 8:30 PM at the Wellesley Free Library located at 530 Washington Street, Wellesley Square, in Wellesley, MA. The seminar is free and open to the public and light refreshments will be served. To reserve your place, please call (617) 218-2097 or email events@tbhr-law.com

Tarlow, Breed, Hart & Rodgers invites the public to attend a free seminar on “Wills and Trusts in Uncertain Times” at the Wellesley Free Library on April 15, 2009 from 7:00 to 8:30 PM.Read More

Attorney Ed Tarlow of Tarlow, Breed, Hart & Rodgers, P.C. is honored by the New England Chapter of the Family Firm Institute.

December 12, 2008 // by admin

DATELINE: BOSTON, MA…
The New England Chapter of the Family Firm Institute recently honored Attorney Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. of Boston, MA, for his personal and professional generosity and leadership at the chapter’s quarterly meeting held on December 4, 2008.

Tarlow served as President of the largest and most well established chapter of the Family Firm Institute in the country, the New England Chapter (NEC), from 2000 until 2008. Tarlow was cited for special recognition by the NEC for his tireless work catalyzing sponsors, inspiring membership, developing NEC Committees, and serving as the driving force for many collaborative efforts.

In one such notable effort, Tarlow was instrumental in the creation of the Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses, which is now entering its third successful year.

As a senior member of Tarlow, Breed, Hart & Rodgers, P.C., Tarlow has played a key role in increasing the firm’s expertise in the areas of taxation, business law, and estate planning, which are areas of paramount importance to family-owned businesses. Tarlow is a member of the Boston Estate Planning Council, Attorneys for Family-Held Enterprises, the Society for Trust and Estate Planners, the Massachusetts Bar Association, the American Bar Association, as well as the Family Firm Institute.

In addition to having a wealth of published articles to his credit, Tarlow has achieved many noteworthy accomplishments. He received the SBANE (Smaller Business Association of New England) Community Service Award in 2007, was named the Boston Estate Planner of the Year in 2003 by the Boston Estate Planning Council, and was selected as a New England Super Lawyer by Boston Magazine in 2004, 2005, 2006, 2007, and 2008.

Family Firm Institute
The Family Firm Institute (FFI) is an international professional membership organization dedicated to providing interdisciplinary education and networking opportunities for family business and family wealth advisors, consultants, educators and researchers and to increasing public awareness about trends and developments in the family business and family wealth fields. The New England Chapter now boasts the largest membership of any chapter in FFI with members representing all consultant and advisory groups who work with family businesses.

Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.

Attorney Ed Tarlow of Tarlow, Breed, Hart & Rodgers, P.C. is honored by the New England Chapter of the Family Firm Institute.Read More

Attorney Michael J. Radin of Tarlow, Breed, Hart & Rodgers of Boston, MA named to Board of Directors of the Smaller Business Association of New England.

November 19, 2008 // by admin

DATELINE: BOSTON, MA…
Tarlow, Breed, Hart & Rodgers of Boston, MA has announced that Attorney Michael J. Radin has been chosen to serve as a member of the Board of Directors of SBANE, the Smaller Business Association of New England.

William R. Rodgers Esq., a founding member of Tarlow, Breed, Hart & Rodgers, applauded the choice of Radin, “We’re proud of Michael Radin’s many accomplishments here at TBHR, and we would like to offer our congratulations as he joins SBANE’s Board of Directors. We know that his commitment to building strong relationships with clients, along with his insight, creativity, and extensive experience will be an asset to the mission of SBANE.”

At Tarlow, Breed, Hart & Rodgers, Radin, who is a member of the bar in Massachusetts, California, and Rhode Island, specializes in guiding businesses through their life cycles, from formation, financing, growth, mergers and acquisitions, restructurings and wind down. He counsels clients on distribution systems including joint venture, franchise, and distribution/agency. In addition, he helps clients manage their intellectual property, including trademarks, copyrights, patents and trade secrets.

About SBANE
SBANE (Smaller Business Association of New England) is a nonprofit organization established in 1938 to promote and protect small businesses. Its 1000 member companies in six states range from sole-proprietorship service businesses and growing high technology firms to 200-employee manufacturing plants. SBANE’s programs and services address the shared interests and needs of its diverse membership.

SBANE’s member activities include management education seminars, conferences and programs to strengthen skills and sharpen strategies. In addition SBANE offers membership meetings featuring speakers on topics relevant to small business, an Internship Recruitment Service, timely publications, legislative activities to protect your company’s financial interests, and Health and Dental Insurance to address small business’s #1 employee priority.

To help clients make informed decisions and achieve their goals, Tarlow, Breed, Hart & Rodgers P.C. develops creative customized solutions for its clients by emphasizing careful listening and considerate evaluation. Utilizing the expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

Attorney Michael J. Radin of Tarlow, Breed, Hart & Rodgers of Boston, MA named to Board of Directors of the Smaller Business Association of New England.Read More