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Eleven Shatz, Schwartz and Fentin Attorneys Honored

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Daily News

SPRINGFIELD — Shatz, Schwartz and Fentin, P.C. announced that eight attorneys have been selected to the 2015 Massachusetts Super Lawyers list, and three attorneys have been selected to the 2015 Massachusetts Rising Stars list. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive the honor, while no more than 2.5% of attorneys in Massachusetts are selected as Rising Stars.

• Shareholder Michele Feinstein concentrates her practice in the areas of estate planning and administration, elder law, probate litigation, health law, and corporate and business planning, including all aspects of planning for the succession of business interests, representation of closely held businesses and their owners, and representation of physicians in their individual and group practices. She was selected to the 2015 Super Lawyers list in the field of closely held business.

• Shareholder Gary Fentin concentrates his practice in the areas of commercial and real-estate finance and development, industrial revenue bonds, affordable housing, estate planning, business law, and business foreclosures and workouts. He manages the firm’s tax-exempt bond practice and has acted as bond counsel and/or purchaser’s counsel in hundreds of such issues since 1978. He was selected to the 2015 Super Lawyers list in the field of government finance.

• Shareholder Carol Cioe Klyman concentrates her practice in the areas of elder law, estate planning and administration, special-needs-trust planning, estate settlement, guardianships, and trust and estates litigation. She was selected to the 2015 Super Lawyers list in the field of elder law.

• Managing Partner Timothy Mulhern concentrates his practice in the areas of family-business planning, taxation, corporate law, commercial real estate, and estate planning. He was selected to the 2015 Super Lawyers list in the field of tax law.

• Shareholder Steven Schwartz concentrates his practice in the areas of family business planning, mergers and acquisitions, corporate law, and estate planning. His practice involves representation of principals in family-business planning (including exit planning for business owners), representation of individuals and corporations in the purchase and sale of business enterprises, strategic planning for the future of clients’ businesses, and providing advice on alternatives in financing through loans and venture capital. He was selected to the 2015 Super Lawyers list in the field of business and corporate law.

• Shareholder James Sheils concentrates his practice in the areas of commercial finance law, creditors’ rights, banking law, and telecommunications siting matters. He was selected to the 2015 Super Lawyers list in the field of banking law.

• Shareholder Ann Weber concentrates her practice in the areas of estate planning, estate administration, probate, and elder law. She has a particular interest in creative estate planning for authors, artists, farmers, and landowners. She was selected to the 2015 Super Lawyers list in the field of elder law.

• Shareholder Steven Weiss concentrates his practice in the areas of commercial and consumer bankruptcy, reorganization, and litigation. He supervises the firm’s bankruptcy, reorganization and workout practice, and represents creditors, debtors, and others in both commercial and consumer bankruptcy cases throughout Massachusetts. He was selected to the 2015 Super Lawyers list in the field of bankruptcy and business law.

To be selected as a Rising Star, an attorney must be either 40 years old or younger or in practice for no more than 10 years.

• Attorney Michael Fenton concentrates his practice in the areas of business planning, commercial real estate, estate planning, and elder law. He represents principals in business formation and succession planning, businesses in the purchase and sale of enterprises, developers in the acquisition and permitting of projects, and high-net-worth individuals in establishing comprehensive and sophisticated estate plans. He was selected to the 2015 Rising Stars list in the field of business and corporate law.

• Attorney L. Alexandra Hogan concentrates her practice primarily in business, litigation, and bankruptcy law. She was selected to the 2015 Rising Stars list in the field of bankruptcy and business law.

• Attorney David Webber practices in the areas of business transactions, estate and succession planning, taxation, and nonprofits. He was selected to the 2015 Rising Stars list in the field of closely held business.

Country Bank Names Alison Shilinsky Senior VP of Human Resources

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Daily News

WARE — Country Bank announced that Alison Shilinsky has been named senior vice president of Human Resources.

With 10 years in the industry, Shilinsky is an experienced human-resources professional. She earned her master’s degree in management from UMass Amherst and her bachelor’s degree in English and communications from Assumption College.

Shilinsky’s previous work at Brown Rudnick LLP, a prominent Boston law firm, has had a significant impact on her approach to human resources and business. She is an active member of the Society for Human Resources Management, the New England Human Resources Assoc., the New England Employee Benefits Council, and the Mass. Bankers Assoc.

“Alison is an exceptional example of what a human-resources professional is supposed to be,” said Paul Scully, president and CEO of Country Bank. “Not only is she knowledgeable and dedicated, she demonstrates compassion and empathy to all employees. We are thrilled to have her join our team, as we know she will be a valued resource for Country Bank and its employees.”

Three Crear, Chadwell, Dos Santos & Devlin Attorneys Recognized

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Daily News

SPRINGFIELD — Crear, Chadwell, Dos Santos & Devlin, P.C. announced that attorneys James Chadwell and Bruce Devlin have been selected to the 2015 Massachusetts Super Lawyers List, and attorney Antonio Dos Santos has been selected to the 2015 Massachusetts Rising Stars list. Each year, no more than 5% of the lawyers in the state are selected by the research team at Super Lawyers to receive the honor, while no more than 2.5% of attorneys in Massachusetts are selected as Rising Stars.

Now in its 12th year, the Super Lawyers list recognizes area attorneys who have distinguished themselves in their legal practice through a rigorous selection process and third-party validation of their professional accomplishments. To be selected as a Rising Star, an attorney must be either 40 years old or younger or in practice for 10 years or less, and must be nominated by other lawyers who have personally observed them in action, either as opposing counsel or co-counsel, or through other firsthand courtroom observation.

• Chadwell was selected to the 2015 Massachusetts Super Lawyers List in the field of workers’ compensation. He focuses his practice on consulting with and representing insurers, self-insurers, and employers throughout Massachusetts, and has experience advising his clients regarding workers’ compensation claims, safety programs, cost-control programs, insurance coverage, and disability and employment-related issues. He has lectured extensively and participated in numerous seminars on Massachusetts workers’ compensation issues.

• Devlin was selected to the 2015 Massachusetts Super Lawyers List in the field of estate and probate. He has worked in both the legal and accounting professions. He founded the law firm of Frankel Devlin, LLC, where he worked from 2007 to 2014, when he joined Crear, Chadwell, Dos Santos & Devlin, P.C. He has effectively incorporated his tax background into his legal expertise, focusing on business law, wills, trusts, and other aspects of estate-planning probate, estate administration, taxation, and elder law.

• Dos Santos was selected to the 2015 Massachusetts Rising Stars list in the field of real estate. He specializes in all facets of commercial real estate, commercial finance, and general business law. He has significant experience representing developers, investors, and lenders regarding complex commercial real-estate transactions, including acquisitions, dispositions, leasing, financing, zoning, and permitting. Additionally, he represents many closely held businesses regarding entity formation, succession planning, mergers and acquisitions, and financing.

Looming SJC Decision Could Significantly Impact Landlord-tenant Law

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Daily News

BOSTON — Should a landlord’s mistake handling a security deposit give a tenant a defense against eviction? That is the question the Supreme Judicial Court (SJC) will decide after hearing oral arguments on Thursday, Nov. 5, a decision that could have major ramifications for landlord-tenant law and rents in Massachusetts. On Tuesday, the court received an amicus brief from Amherst attorney Peter Vickery on behalf of the statewide group MassLandlords.net.

“The short answer is no,” says Vickery. “A security-deposit mistake does not give a tenant a defense against a landlord’s claim for possession.”

The question came up in the case of Meikle v. Nurse, where the landlord had not followed all the rules regarding security deposits. The judge allowed the tenant’s security-deposit counterclaim, but — because the dollar value of the counterclaim was outweighed by the rent the tenant owed — the judge granted the landlord possession. The tenant, represented by the Harvard Legal Aid Bureau, appealed, and the SJC opted to take it up from the Appeals Court’s docket.

“It’s about the distinction between a counterclaim and a defense,” said Vickery, whose practice focuses on civil litigation, particularly in the areas of landlord-tenant and employment law. “Nobody disputes that, if a landlord who is suing for rent and possession has violated the security-deposit laws, then the tenant can raise that as a counterclaim. The statute makes that clear. The statute also says that some claims and counterclaims can also serve as defenses. There’s a list of them in Chapter 239, Section 2A. Security-deposit violations are not on that list.”

According to the brief filed by the Harvard Legal Aid Bureau, the counterclaim is also a defense because another part of Chapter 239 (Section 8A) says that a tenant may raise any claim “by defense or counterclaim.” But, Vickery argues, the word ‘or’ really matters.

“The word ‘or’ is disjunctive,” he noted. “Colloquially we use it to mean ‘and/or,’ but in statutes and other legal documents, it means ‘one but not both.’ If the Legislature had intended to abolish the distinction between counterclaims and defenses, it would have done so. But instead it used the word ‘or.’ And it could have included security-deposit violations in the list of defenses in section 2A, but it chose not to.”

Security deposits are supposed to help a landlord guard against the risk of property damage. But many landlords are already reluctant to take security deposits because the rules about them are complicated and it is easy to make a mistake.

“We routinely receive requests for help where either the landlord or in some cases the bank has messed up compliance with the complicated security-deposit law,” said Doug Quattrochi, executive director of MassLandlords.net. “It’s not surprising Harvard Legal Aid is confused.”

Even a simple mistake can lead to the landlord paying the tenant treble damages (three months’ rent) plus legal fees. This encourages landlords to refuse security deposits and lower risk through higher rents. If the SJC decides that security-deposit violations do give rise to a defense against possession, even fewer landlords will ask for security deposits, and rents will rise accordingly.

MassLandlords.net was launched in February 2014 as the first professionally staffed trade association for landlords in Massachusetts. Vickery is a a graduate of Boston University School of Law and a former member of the Governor’s Council.

Real-estate-sales Licensing Course Starts Nov. 2

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Daily News

SPRINGFIELD — Beginning Monday, Nov. 2, the Realtor Assoc. of Pioneer Valley will sponsor a 40-hour, 14-class sales-licensing course to help individuals prepare for the Massachusetts real-estate-salesperson license exam. The course will be completed on Dec. 9. Tuition is $359 and includes the book and materials.

The course curriculum includes property rights, ownership, condos, land use, contracts, deeds, financing, mortgages, real-estate brokerage, appraisal, fair housing, consumer protection, Massachusetts license law, and more.

Classes meet Monday, Wednesday, and Thursday evenings from 6 to 9 p.m. at the association office, 221 Industry Ave., Springfield. The course is taught by practicing area real-estate attorneys Mary Eaton, Tracie Kester, and Jack Lapomardo. For an application, contact Joanne Leblond at (413) 785-1328 or [email protected].

Brew Practitioners to Host Grand Opening of Brewery, Taproom

By
Daily News

FLORENCE — Locally owned Brew Practitioners, LLC has slated a grand opening on Saturday, Oct. 10, of its brewery and taproom at 36 Main St.

The event will begin at 1 p.m. Brew Practitioners expects to host local bands True Jacqueline and Ex Temper starting at 2 p.m., as well as a local Celtic band, Wild Thyme, starting at 5:30 p.m. The Bistro Bus Food Truck will offer fare starting at 4 p.m.

Brew Practitioners serves six classic beer styles — White, Yellow, Orange, Red, Brown, and Black — on tap year round, though other special and practice beers will be offered from time to time.

Brew Practitioners is a majority women-owned entity, and all the practitioners come from diverse walks of life, culturally and geographically. A group of professionals and long-time friends, the practitioners have decades of business experience in the operational and service, engineering, finance, law, and agriculture fields.

Brew Practitioners’ philosophy about beer is simple: no beer names that leave guests wondering what they just ordered, and no ingredients that make them ask, “should anyone be drinking that?”

The brewery is small, which is the way the practitioners like it. The 3 BBL Electric Brewery system is efficient, high-tech, and environmentally friendly, and ingredients and equipment are sourced locally when possible. Brew Practitioners is also affiliated with Ale Aboard, LLC, a brewery tour bus.

For more information about Ale Aboard or Brew Practitioners, visit www.brewpractitioners.com, or contact owner and General Manager Tanzania Cannon-Eckerle at [email protected] or (413) 584-2444.

Local Attorney to Participate in Networking Event at Alma Mater

By
Daily News

SPRINGFIELD — Local law firm Shatz, Schwartz and Fentin, P.C., announced that attorney L. Alexandra (Alex) Hogan will participate in a panel discussion during a legal-career and networking event to support the career development of students at her alma mater, Bay Path University.

The event, to be moderated by Bay Path Legal Studies Chair Justin Dion, will be held at the university on Tuesday, Oct. 13 from 3:45 to 5:45 p.m.

During the event, Hogan will join four or five other panelists representing various areas of the legal system. The panel will share their career stories and field questions from students before breaking into smaller groups to allow students the opportunity to learn more about the legal profession and practice their networking skills.

“As a graduate, Bay Path is near and dear to me, and I’m happy to provide assistance for their networking program,” said Hogan, who earned her bachelor’s degree in legal studies at the university. “I am honored to be selected as a panelist to discuss my career with the next generation of legal professionals.”

Hogan concentrates her practice primarily in business, litigation, and bankruptcy law. She graduated from Western New England University School of Law in 2008 with cum laude honors. There, she was also appointed an assistant editor and became a published author in the Western New England Law Review. She graduated from Bay Path University with summa cum laude honors in 1996. She has been selected by Super Lawyers to the Rising Stars list and as a Top Women Attorney (2011-2014). Additionally, Hogan was recognized by Junior Achievement as a 2012 recipient of the Gold Peak Performance Award and was included in the BusinessWest 40 Under Forty class of 2013.

Why Divorce Mediation Is an Appealing Alternative to a Court Fight

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Law Sections

Let’s Talk

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Couples who decide to end their marriage are often dealing with the most upsetting, stressful time of their lives, and the prospect of fighting tooth and nail in court to decide issues like child custody, visitation, and finances only piles on the emotional trauma. That’s why divorce mediation — a less costly, less stressful alternative to a contested divorce — is gaining in popularity. It’s a process that doesn’t deal in who’s right or wrong, but allows two people to take control of a bad situation and talk it out — often for the first time in years.

Divorce is difficult — perhaps the roughest, most emotionally draining experience of a person’s life.

So why, Michael Frazee asks, would a couple want to make it even harder?

“The court system already struggles to problem-solve in divorce, and then they add regulations, they add rules, and they add requirements to each divorce without regard for the actual needs of the parties, and especially the needs of the children,” said Frazee, a family-law attorney who practices with Divorce Mediation Group in Springfield.

“Mediation doesn’t impose any template on any case because every family situation is different,” he went on. “We help them navigate the divorce process by applying creative problem solving. Really, we help people come to their own solutions, as opposed to imposing a boilerplate approach on them, which is what the court system does.”

In other words, he told BusinessWest, while the litigated divorce process has only become thornier to people already going through a tough time, “we live in solutions; we don’t live in problems.”

Increasingly, divorcing couples are taking notice, and the field of mediation has experienced an uptick in recent years even as the divorce rate has quietly crept down.

“The goal is to have a more respectful, less expensive process — both emotionally and financially — while trying to resolve issues of divorce or dissolution of marriage,” said attorney Julie Dialessi-Lafley, who counts divorce mediation among her practice areas at Bacon Wilson in Springfield. “That can include child-custody issues, who pays for college education, uninsured medical expenses … anything the parties might disagree on. In mediation, it’s supposed to be a non-litigious setting with a neutral mediator, who tries to help the parties come to their own agreements and resolution.”

At its heart, the process is all about control, she explained.

“Mediation differs from litigation in the sense that the parties craft their own settlement; they’re advocating for themselves,” she said, noting that, while the couple may occasionally retain attorneys, they don’t control the process for the two parties. “The mediator’s role is really as a facilitator. The goal is to get them to an agreement. Judges don’t want to make this decision. A judge will say, ‘I’ll decide this, but at the end of the day, you’re in the best place to know what’s in your best interest and your children’s best interest; you know more about your life than I do.’”

For this issue’s focus on law, BusinessWest examines the process of divorce mediation, and — considering the financial and emotional benefits — asks the question, why would a couple not choose mediation?

Give and Take

As it turns out, there are several answers to that question.

“I think some people have the perception that their spouse will not engage in a cooperative process, and some feel like they need the additional strength of having a laywer to rely upon,” said Bruce Clarkin, who launched Divorce Mediation Group in 1989. “But the people we see are so relieved to have a solution to the biggest problem they ever face in their life; I think it motivates them to work really hard to get a solution.”

And they’re doing so at a much lower cost than paying two attorneys to fight out every issue in court.

Julie Dialessi-Lafley

Julie Dialessi-Lafley says the cost of mediation — both financial and emotional — is typically far less than in a litigated divorce.

“At a time when the legal cost of divorce is exploding exponentially, the costs of a mediated divorce remain pretty stable and predictable,” Clarkin said. “We can predict at the outset what mediation is going to cost about 80% of the time, and the typical cost is between $1,500 and $2,000.

“The reason the cost is so low is the process is so efficient,” he went on. “It’s very problem-solving-oriented. You learn how your clients see the future and try to help them achieve that goal. Meanwhile, litigation has only become more expensive and is often so unsatisfactory.”

Frazee agreed, adding that it’s mainly a lack of awareness about the mediation process that holds some couples back. “It’s a cooperative, collaborative process. And, again, when you consider the expense of litigated divorce versus the expense of a contested divorce, why wouldn’t someone at least try it? We do a free consultation, and the vast majority of people who meet with us come to understand what the process is, and want to engage in the process right away.”

He added that some 80% of all litigated divorces wind up back in court for some tangential issue. “Whereas, with a mediated divorce, you’re rarely back in court. You’ve already set yourself, as a divorcing couple, on a path to better parenting and better communication, as opposed to being adversaries in the court system.”

Dialessi-Lafley says the overwhelming majority of clients are positive about forging an agreement they can both live with. One exception would be couples with serious, closeted issues involving each other or their children that need to be worked out in therapy before they can work on their divorce agreement.

“We’re definitely not therapists,” Dialessi-Lafley said, but the training necessary to be certified as a divorce mediator emphasizes getting divorcing couples to communicate more effectively — perhaps more than they have in years.

“In all these years,” she said, thinking back over 19 years in practice, “the common thread in every divorce is lack of communication. They don’t communicate about intimate issues, child issues, financial issues … whatever the issue is, communication is the problem.”

Agreeing to mediation, she went on, is basically an agreement to communicate — to be willing to talk and listen in equal measure.

“There’s no blame here. It’s more, ‘let’s see if you can actually hear each other,’” she told BusinessWest. “I have had parties who would run each other over in the street if given the chance. When they come in, they’re angry and tense and negative about the process. But if they’re willing to try it, and you can get them to open up, it’s a start.”

Some couples require what she called ‘shuttling’ at first, putting them in separate rooms initially and talking with them one on one. Often, they eventually wind up in the same room, talking.

As for couples who choose litigation, “they may not know about mediation or understand it,” Dialessi-Lafley went on. “Or, very commonly, one party may have a stronger personality, and the other thinks, ‘I won’t be able to advocate for myself and say what I need to say.’ One party may be worried they’ll give up more than they should.”

However, she added, “the goal is to get to a resolution, and the process itself is designed to keep the parties respectful of each other — I wouldn’t use the word ‘amicable,’ but at least able to have less tension and less consternation between them.”

Building Trust

Alison Patton, a family lawyer and mediator who blogs at lemonadedivorce.com, said the ideal mediator, first and foremost, listens intently and asks questions not for the purpose of deciding who’s right or wrong, but to better understand two people who are seeking to resolve some very challenging issues.

“When your mediator is listening, validating, and empathizing with your spouse, this is a good thing,” Patton writes. “It may not feel good; it may bring up the ‘not true! What about me!’ feelings typical of what one feels in mediation when the other person is getting to talk.

“But know that your mediator’s focus on your spouse is intentional and necessary to get your case to a settlement,” she continues. “It doesn’t mean your mediator is taking sides or agreeing with what your spouse is saying. It doesn’t mean your mediator likes your spouse more or that he doesn’t believe your version of the facts. You have a good mediator if he is intently listening and nodding his head and asking your spouse clarifying questions and summarizing what your spouse said (as long as you get your turn too).”

Frazee agreed. “Being an active listener is imperative as a mediator, and guiding the discussion — and note that I didn’t say controlling the discussion.”

Clarkin went a step beyond that and said the mediator’s role is one of leadership, which includes getting both parties to totally buy into the process and have confidence that he is neutral. “Some people come here and fight like cats and dogs, and we’re trained to deal with that. But even then, when clients have confidence in the process, it most often works out in their favor.”

Bruce Clarkin, left, and Michael Frazee

Bruce Clarkin, left, and Michael Frazee say a good mediator shows the kind of leadership that breeds confidence in his or her neutrality.

It helps, Frazee added, that anything said to a mediator is completely private and confidential and, importantly, inadmissible in court on the rare occasions the couple can’t work out their own solution and opt for litigation. Those who come to recognize the mediation room as a safe space often surprise themselves, and their partners, with their candor.

“Honestly, a lot of people say things to each other that could have been said — and should have been said — years before they sat down with us,” he went on. “That sort of openness — especially between parents — is critical to the success of the process. I agree that the mediator leads in the sense of guiding the dialogue between the parties, but the goal is always working toward a resolution of the issue.”

That said, Clarkin added, “I don’t inquire about what went wrong in the marriage. I always see that as information that belongs to clients, and most of the time, it’s not helpful for me to hear it.”

A Few Clicks Away

What has been helpful for practitioners of divorce mediation, Clarkin told BusinessWest, has been the tendency of consumers to research what they plan to purchase on the Internet — a trend that affects everything from car sales to travel bookings to … divorce.

“Mediation is coming of age at the same time the Internet is becoming the default resource for the middle-class consumer,” Clarkin said. “Years ago, when someone was on the cusp of divorce, they asked their brother-in-law what lawyer they should call; now, when a divorce is on the horizon, they go to the Internet. It’s self-determination; people are making decisions before they even call. And by the time people get through using the Internet to research this, they’ve already made a decision whether mediation is likely to work for them. It’s really changed the landscape in a huge way.”

In some cases, Frazee said, “we see people who have already started charting an agreement and want to make sure their agreement will be approved by the court. They’re not coming to us for verification, necessarily, but a lot of them understand what the process is and have already started framing some areas of agreement and disagreement.”

In other words, they’re taking control. “If the same people go to the court system, they have a template and expenses imposed on them.”

That matter of control, for couples who can bring themselves to talk rationally with each other, is a major benefit of mediation, Dialessi-Lafley said. After all, the issues involved in divorce are wide-ranging and can impact families for decades. “And you can’t quantify the emotional impact of a litigated divorce.”

A contested divorce is also subject to the scheduling whims of the court, whereas a couple in mediation agrees to their own schedule and timeline, which peels back another layer of stress, Dialessi-Lafley added.

For an increasing number of divorcing couples, just stepping back from the stress of constant fighting and actually trying to communicate makes a lot of sense.

“When I see one spouse listening, validating, asking questions, and empathizing, I don’t assume he or she is agreeing with what is being said or backing down. It means to me that this person is mature and kind enough to honor and respect their spouse’s feelings, in spite of it all,” Patton writes. “Truly, the real secret of divorce mediation is that simple — feeling heard, honored, and respected by the person you loved enough to marry.”

Joseph Bednar can be reached at [email protected]

Healthcare Proxy vs. MOLST

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Law Sections

Do I Need Both Documents to Ensure My Wishes Are Carried Out?

By VALERIE VIGNAUX, Esq.

Remember the Obamacare ‘death panels?’

Valerie Vignaux

Valerie Vignaux

In the months leading to the passage of the Affordable Care Act, Sarah Palin coined that term to describe a provision that allowed Medicare to reimburse doctors for end-of-life discussions with their patients. It was a successful public-relations ploy to turn the American public against the act, painting it as the work of a nefarious bureaucracy out to kill off the old and sick to save a buck.

The offending provision was removed before Congress passed the Affordable Care Act.

The tides have changed. Medicare is soon to announce that end-of-life, or ‘advance-planning,’ conversations will be reimbursed. The proposed regulation was introduced in July of this year by the Centers for Medicare and Medicaid Services and, with little to no opposition, is expected to take effect in January 2016.

What does an advance-planning conversation sound like?

A doctor (or nurse practitioner or physician’s assistant) should get a sense of what her patient’s wishes are regarding resuscitation, intubation, life support, and palliative care. These wishes can then be documented in a medical orders for life-sustaining treatment (MOLST) form. In addition, the medical professional should encourage her patient to consider who can be trusted to make medical decisions in the event the patient is incapacitated.

That trusted individual can be named in a healthcare proxy. Both the MOLST and the healthcare proxy are vital documents, but each involve different aspects of advance planning. Here’s what you need to know.

MOLST

The Massachusetts medical orders for life-sustaining treatment form is a medical document, signed by the patient and a medical professional. This document is similar to a prescription and contains medical orders to withhold or provide various treatments, such as CPR, intubation, and sustained ventilation.

Many people are familiar with DNRs, or do-nor-resuscitate orders. The MOLST is similar but broader, and can include a DNR order. One can have both a DNR and a MOLST, but if a situation calls for resuscitation, the most recently signed form will take precedence. If the emergency requires consideration of other treatments, the MOLST will apply.

This document is often printed on bright pink paper and kept near the individual — on a bedside table or refrigerator, for example — and travels with her, as an alert to emergency responders to follow the medical orders outlined. The MOLST form is not recommended for everyone, but for individuals who have a serious illness or injury, it can offer important protections. Anyone can sign a MOLST; for those patients under age 18, a guardian’s signature is valid.

Healthcare Proxy

A healthcare proxy, by contrast, is a legal document signed by the individual, witnessed, and notarized. This document appoints a healthcare agent — someone the individual trusts to make medical decisions if (and only if) she is incapacitated and unable to make decisions herself.

Many hospitals have basic healthcare proxy forms available for individuals admitted for care. While they can be helpful in some short-term cases, these forms are usually not comprehensive. Very often there is space to name only one agent. In the event that the named agent is unwilling or unavailable to make decisions in a crisis, such forms do not provide a backup proxy.

Additionally, these basic healthcare proxy forms usually do not include guidance for the healthcare agent. While there is no living-will statute in Massachusetts, some attorneys integrate living-will language into the healthcare proxy. This allows the individual to express her wishes regarding end-of-life care.

Some decisions to be addressed may include a desire not to be kept alive artificially if there is no chance for recovery, to donate organs, or to be cremated. Even if the individual has had this conversation with her named agent, in a highly emotional medical crisis, written wishes serve as a powerful and comforting guide.

Healthcare proxies are a good idea for all individuals, healthy and ailing, but can be signed only by those over age 18. Without a healthcare proxy, family or friends may be forced to petition the court for guardianship in order to receive medical information and make medical decisions for a loved one.

How are the MOLST and healthcare proxy different, and are they both necessary?
 For those who are not suffering from a serious illness or injury, a healthcare proxy alone should be sufficient. A document naming a trusted agent and a backup (or two), with language expressing the individual’s end-of-life wishes, is valuable for all.

The healthcare proxy is a legal form, and while it provides the necessary appointment of an agent and expression of wishes, it carries little weight with emergency responders. In a life-threatening emergency, responders will not abide by a healthcare proxy, but will treat and transport the patient to the hospital. It is there in the hospital that the healthcare proxy can be invoked if the patient is incapacitated. In contrast, emergency responders will almost always abide by the directions in a MOLST, provided they are aware of the document when answering a call.

For those who have been seriously injured or diagnosed with a life-threatening condition, both a healthcare proxy and a MOLST are recommended.

Valerie Vignaux is an associate attorney with Bacon Wilson and a member of the firm’s Estate Planning and Elder Law team. She assists clients with all manner of estate planning. She also spent a year serving as Superior Court clerk to the justices of the Massachusetts Trial Court; (413) 781-0560; [email protected]

New Book Offering Outlines a Fiduciary’s Responsibilities

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RetirementFeature1015a
Retirement Planning Sections

By the Book

Charlie Epstein

Charlie Epstein

Charlie Epstein, president of the 401(k) Coach, LLC, says his new book, Save America, Save! The Secrets of a Successful 401(k) Plan, could not be considered a sequel to his first offering, Paychecks for Life, published in 2012. The latter was intended for employees, while the former was written for plan fiduciaries (employers) who face a long list of responsibilities. And failure to live up to them can have consequences, as a recent Supreme Court ruling shows.

Charlie Epstein calls them “blind squirrels” and “two-plan Tonys.”

These are just some of the colorful names he has for individuals and firms who don’t handle a lot of retirement plans — hence it’s a ‘two-plan Tony’ — but can still manage to sell themselves and their services to employers looking to save a few bucks, cut a few corners, or do a favor for an old friend.

“They have a couple of retirement plans, they’re overcharging fees, there’s bad investments … there’s no process in place for monitoring anybody; nobody’s sitting with the employees and helping them, guiding them,” Epstein, president of Holyoke-based 401(k) Coach, LLC, told BusinessWest. “Even a blind squirrel finds an acorn once in a while, but…”

He didn’t finish that sentence, but didn’t really have to; the implication was clear. Most of the time, the blind squirrel doesn’t find the acorn.

That’s why employers large and small looking for someone to manage the retirement plan they’ve created for their workers should look upon two-plan Tonys with a very wary eye, said Epstein, adding that this isn’t just his opinion or what most would consider sage advice.

Instead, it’s what he called a “duty” that employers share, and, even more importantly, it’s the law, as a number of recent court cases have shown.

It’s all spelled out on page 51 of Epstein’s relatively new book (it came out several months ago) titled Save America, Save! The Secrets of a Successful 401(k) Plan. It’s a how-to book of sorts, and while writing it, Epstein probably broke the ‘m’ key on his computer while repeatedly typing out the word ‘must.’

“If you’re an employer and you sponsor a 401(k) plan, you have a fiduciary responsibility to do what’s in the best interests of your employees,” he writes in a chapter titled “Your Role as a Fiduciary.” “Employers must remember that a 401(k) plan is established under ERISA (the Employee Retirement Income Security Act of 1974) for the exclusive purpose of providing benefits to participants and their beneficiaries.

“As a plan fiduciary, you have a duty of loyalty and a duty of prudence,” he went on. “You must be loyal to your participants and their beneficiaries, and avoid any conflicts of interest or prohibited transactions. You must act prudently in managing the plan and the plan’s investments. That means you must have a repeatable process to monitor the plan’s investments, and to fire and hire the managers if they are not performing to certain metrics.”

He explains those metrics in great detail in a book that is his second on the broad subject of the 401(k) but would not be considered a sequel. In fact, Epstein calls them “bookends.”

Indeed, while Paychecks for Life: How to Turn Your 401(k) into a Paycheck Manufacturing Company, published in 2012, was, as that title implies, intended for the employee, Save America, Save! was written for the employer, spelling out those obligations and ‘musts.’

It differs from Paychecks for Life in a few other respects as well. Epstein’s first book took him three and a half years and two ghostwriters to complete — he says he wound up rewriting 90% of their contributions — while the second was penned over a weekend, by his estimation. And while the former was intended for sale ($22.99 is the listed price) and has sold more than 15,000 copies, the latter is essentially being given away to all who want and need to read it.

What’s more, Epstein is committed to helping financial advisors like him across the country to write their own version of the same book.

“I’m now in the author business, and I’m helping advisors across the country become authors,” he explained, adding that he’s partnering with his publisher, Advantage Media Group, to put similar works in print and thus add another element to his coaching activities.

He admits that this strategy seems nonsensical to the casual observer, but to him it makes all the sense in the world, because his ultimate goal is not only to have employees commit themselves to creating paychecks for life, but also to help employers make sure the job gets done. And that means sharing the wealth, or, in their case, the insight, into not only 401(k) management, but how to write the definitive book on that subject.

For this issue and its focus on retirement planning, BusinessWest talked at length with Epstein about his book, but especially the larger issue of effective plan management and how it doesn’t happen by accident.

Saving Grace

As he talked about his book, why he wrote it, and the growing sense of urgency attached to the matter of the responsibilities incurred by plan fiduciaries, Epstein borrowed the famous quote attributed to the prolific bank robber Willie Sutton.

Only, he didn’t know it was Sutton who, according to lore, when asked by a reporter why he robbed banks, said, “because that’s where the money is.”

Epstein deployed the line as he explained the importance of the case known as Tibble v. Edison, in which the Supreme Court ruled that fiduciaries have a continuing duty to monitor the investments in a retirement plan, the service providers, the fees, and more — and why he believes there will be many more suits like it in the years to come. (Actually, others are already winding their way through the courts.)

“There have been numerous ERISA lawsuits, and there will be a lot more,” he explained. “Why? Simply stated, the lawyers sued the tobacco industry, they sued the pharmaceutical industry, they sued the asbestos industry, and now that we have $4 trillion or $5 trillion in retirement-plan assets, the lawyers are licking their chops.”

Charlie Epstein says his new book

Charlie Epstein says his new book is designed to help business owners with the task of enabling employees to do as the cover suggests.

Edison International, a holding company for a number of electric utilities and other energy interests, provided a 401(k) plan serving 20,000 employees that was valued at $3.8 billion during the litigation. Epstein said his book wasn’t really written for those kinds of companies — although he admits that maybe their top executives should read it anyway — but was intended for employers dealing with plans involving two or three fewer zeroes.

Such companies don’t have large departments handling their 401(k) plans, and, more to the point, the entrepreneurs behind them need to be more focused on running their venture than on administering a retirement plan.

“A plan sponsor fiduciary’s roles and responsibilities are very clearly spelled out under ERISA,” he noted, “but in the small and mid-sized workplace, business owners are not professional fiduciaries — they’re running businesses; they’re making widgets.”

But, as he said, regardless of the size of the company, the basic responsibilities with regard to managing a plan are the same, as are the many forms of trouble a company can run into if those responsibilities are not met, as evidenced by what happened to another, now much-better-known energy company.

“Along came Enron a few years back, which woke everyone up and had people thinking, ‘what is a fiduciary?’” he told BusinessWest. “Enron taught us all the bad things that bad people can do as fiduciaries to their participants, and that set in motion where we are today.”

And by ‘today,’ he meant, among other things, the Supreme Court ruling in Tibble v. Edison. The corporation tried to argue that the statute of limitations had run out and it didn’t have to continue monitoring certain investments (those initiated more than six years earlier, to be specific).

“But the judges said ‘au contraire,’” noted Epstein, “because the laws used in a retirement plan are trust laws, and under trust laws, a fiduciary’s duty never ceases.”

Chapter and Verse

So what does the court’s ruling mean? “It means people need to read this book,” said Epstein with a laugh, noting that its 130-odd pages comprise “a compilation of everything that I have taught and preached for the last 30 years — but in simple terms.”

He said he wrote it because there are, indeed, two parts to the equation when it comes to whether employees can effectively save enough for retirement, and both are equally important. Actually, the employer’s role is more so.

“Even if the employee does everything I say in this book,” said Epstein, holding up Paychecks for Life, “if the employer screws it up…”

The book has five parts, each with its own set of ‘action steps.’

Part one is titled “Our Savings Crisis,” which, as those words suggest, outlines why there is a crisis when it comes to retirement savings and how it can be stemmed. It includes sections on the very uncertain future of Social Security and the emergence of the 401(k) as the “best place to save.”

Part two, meanwhile, is called the “Power of Auto5,” and deals with, among other things, the five automatic features in a plan — enrollment, QDIA (qualified default investment account), escalation, re-enrollment, and something called the ‘stretch match,’ designed to incentivize employees to save a greater percentage of their pay.

While there are detailed references to these automatic features in Paychecks for Life, Epstein said he revisits them here to drive home the point that employers need to be proactive when it comes to helping their employees save.

“Employees, left to their own demise, won’t get it done,” he explained, “so there are some things that I think employers need to do automatically with their retirement plan, such as automatically enroll and automatically increase the contribution.”

Part three is titled “Your Role as a Fiduciary,” and goes into great detail about all those ‘musts’ listed earlier. Part four is called “Creating Smart Savers,” and the concluding section is titled “Measuring Employees’ Success.”

Throughout, there are formal industry terms such as ‘safe-harbor match,’ and far-less-formal phraseology, such as ‘the green-bathrobe effect,’ an anecdote designed to show the folly of taking unnecessary risks with OPM (other people’s money). It would take too long to explain in this space (there’s another reason to get the book).

Overall, the book is designed to create a world of better-informed fiduciaries, said Epstein, adding that, with that knowledge, plan managers can help foster an appetite for more — and more effective — retirement-savings activities, and avoid common mistakes, such as hiring blind squirrels, not monitoring investments, and failing to benchmark those investments.

And that brings him back to that new wrinkle — helping other financial advisors write their own book on the subject.

Already, three advisors he’s working with — in Idaho, New Jersey, and Colorado — are writing their own versions, he told BusinessWest, and there are roughly eight more in the pipeline.

Bottom Line

On the inside of the book jacket for Save America, Save! Epstein writes, “are you doing everything you can to ensure your employees feel confident that they will have enough money to retire and pay for all they desire to do someday? Save America Save! reveals the ‘secret strategies’ that will significantly impact retirement-outcome results for you and your employees.”

By publishing the book, Epstein is making sure those strategies are no longer secret, and that’s exactly what he wants.

Instead, he wants them to be common knowledge. If that goal can be reached, fiduciaries can stay clear of trouble, and, far more importantly, this country can retire that word ‘crisis’ when it comes to retirement savings.

George O’Brien can be reached at [email protected]

Doing Business As Certificates

By
DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of September 2015.

CHICOPEE

ABM Transmission & Engine Technology
1090 Chicopee St.
Mark MacDonald

Jayda Party Rental
106 Meeting House Road
Leslie O. Torres

GREENFIELD

D’Angelo Grilled Sandwiches
68 Mohawk Trail
Lanod Corporation

Designs by Carleigh
94 Main St.
Carleigh Niedzwiedz

Dollar Express
10 Colrain Road
Andrea Jaffe

Franklin Chiropractic Center
77 Mohawk Trail
Jeffrey Denny

Patty’s Cleaning Service
15 Frederick St.
Parry Stratton-Poulin

Stobierski & Connor
377 Main St.
Pamela Stobierski

HOLYOKE

90’s Nails
50 Holyoke St.
Hung Huynh

Amed Ed’s Restaurant
8 North Bridge St.
Antonio DiBendetto

C Britton Foundry
85 Sargeant St.
Christopher Britton

Fresh Ink Tattoo
138 High St.
Enrique Guerra

Holyoke Mini Market
657 High St.
Daniel Santiago

La Favorita Mini Market
156 High St.
John Almonte

ModaPlu Lola
254 Maple St.
Alice Gonzalez

Rayzor Sharp Images
118 Maple St.
Raymond Rodriguez

Solstice Marketing Concepts
50 Holyoke St.
Jan Michel

Subway
330 Main St.
Daisy Florek

PALMER

DSDS Shop
1152 Main St.
Oleg Loginov

Pervez Transports
81 Springfield St.
Rehman Chaudhary

War Collectibles Inc.
1426 Main St.
Randy Schofield

Your Comfort Zone
2094 Main St.
Jeffrey Drolet

SPRINGFIELD

16 Acres Barbershop
1194 Parker St.
Khalil Chehimi

AD Family Cleaning Services
174 Prospect St.
Alberto Dominguez

Adam Beshara Inc.
479 Breckwood Blvd.
Adam Beshara

Alberto Marte
895 Carew St.
Alberto Marte

Alex & Millie Security
48 Massasoit St.
Alexander Santiago

Alex D. Cleaning
109 Arbe Ave.
Alexander Dominguez

Caylan’s Lawn Care
38 Bartlett St.
Edward L. Wallace

Cocoa Cleaning
109 Arbe Ave.
Esteban Dominguez

Egnardo Inc.
344 Orange St.
Rafael Cruz

Four Seasons Buffet
1714 Boston Road
Liyu Qui

H & F Services Corporation
50 Maynard St.
Lucas Hernandez

HSD Corporation
314 Bay St.
AamirWani

Instant Tattoo, LLC
141 Main St.
Edward Zuzgo

J & D Polishing
33 Mohawk Dr.
Dennis Nelson

JP Heating
131 Penrose St.
Juan L. Pagan

Jones Fun House
128 Tallyho Dr.
Helena Davis

Law Office of Christopher B. Myhrum
1500 Main St.
Christopher B. Myhrum

Liberty Mini Mart
739 Liberty St.
Jose N. Aponte

Life Choices Enterprise
145 Ambrose St.
Richard Mills

Los Gigantes De la Plena
1655 Main St.
Freddy Rivera

MagnetiqMuziq
12 Ladd St.
Benjamin Blake

Maxi Drug Inc.
126 Island Pond Road
Michael Podgurski

Miss Glamour
304 Allen Park Road
Ras Morgan

WEST SPRINGFIELD

Debrons Salon
242 Westfield St.
Deborah Lynn

Macadvocate
1267 Riverdale St.
Robert Fuller

Manchester Home Improvement
209 Rogers Ave.
Barry Manchester

Royal Nails
935 Riverdale St.
Hoang Vo

Chamber Corners: Upcoming Events

By
Chamber Corners Departments

AMHERST AREA CHAMBER OF COMMERCE

www.amherstarea.com
(413) 253-0700

• Oct. 30: Chamber Legislative Breakfast, 7: 15-9 a.m., at the Lord Jeffery Inn, 30 Boltwood Ave., Amherst. Sponsored by Eversource. Cost: $15 for members, $20 for non-members.

GREATER CHICOPEE CHAMBER OF COMMERCE

www.chicopeechamber.org
(413) 594-2101

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public.

• Oct. 16:  Lunch & Learn with Thom Fox, 11:45 a.m. to 1 p.m., at the Hampton Inn, 600 Memorial Dr., Chicopee. “Want to Make More Money: All You Have to Do is Ask!” Cost:  $15 for members, $23 for non-members.

• Oct. 21: Salute Breakfast, 7:15-9 a.m., at the Hadley Farms Meeting House, 41 Russell St., Hadley.

• Oct. 28: Business After Hours, 5-7 p.m., at Loomis House, 298 Jarvis Ave., Holyoke.

GREATER EASTHAMPTON CHAMBER OF COMMERCE

www.easthamptonchamber.org
(413) 527-9414

• Oct. 8: Networking by Night, at the Cooley Dickinson Hospital Health Center Southampton. Join us and our host for a Fall Fiesta celebration, and enjoy a fun night of networking, interactive health stations, and appetizers provided by Meyers Catering. Sponsored by Dollars for Scholars.

• Oct. 19: Celebrity Bartenders, 6 p.m., at Opa Opa Brewery. Join in on all the fun and laughs as you help support funding this season’s holiday lights.

• Nov. 4: Networking by Night, 5-7 p.m., at Cooley Dickinson Hospital. Join the Greater Easthampton, Greater Northampton, and Amherst Area chambers along with our host, Cooley Dickinson Hospital, for a networking extravaganza. Sponsored by Duseau Trucking.

• Nov. 6: 
CheckPoint 2015 Legislative Summit. Registration and networking, 11 a.m.;
 welcome, lunch, and keynote speaker, noon to 1:30 p.m.; Chamber View
Dialogue with chamber executives, followed by legislative response, 1:30-3 p.m.; cocktail reception with heavy hors d’oeuvres, 3-4 p.m. Keynote speaker:  state Senate President Stanley Rosenberg. Also hear from Tim Wilkerson, regulatory ombudsman of Economic Policy Development at the Executive Office of Housing & Economic Development. Guests will have the opportunity to ask questions to invited legislators.

• Nov. 7: 15th Annual Greater Easthampton Chamber Viva Las Vegas Bowl-a-Thon, at Canal Bowling Lanes, 74 College Highway, Southampton. Two sessions:  3 p.m. and 6 p.m. A night of fun, laughs, music by DJ Jay Paglucia, and pizza as you help support funding this season’s holiday lights.

• Nov. 11: Monday Morning with the Mayor, 8-9 a.m., Burger King, Easthampton.

• Dec. 3: Holiday tree lighting and visit from Santa, 6:30-8 p.m., at Pulaski Park, Easthampton.

• Dec. 4: Greater Easthampton Chamber Snow Ball, 6-11 p.m., at the Garden House, Look Park. An old-fashioned, elegant, holiday affair. Sit-down dinner featuring Meyers Catering, live music, and dancing featuring Maxxtone. Dress in style, black tie optional.

GREATER HOLYOKE CHAMBER OF COMMERCE

www.holycham.com
(413) 534-3376

• Oct. 7: The Chamber Coffee Buzz Morning Networking, 7:30-9 a.m., at Dean Technical High School, 1045 Main St., Holyoke. The Coffee Buzz is a great way to jump-start your day with the opportunity to meet business and community leaders while enjoying coffee and a light breakfast. The Coffee Buzz series is sponsored by Lyon & Fitzpatrick, LLC. Holyoke Mayor Alex Morse will help launch the chamber’s new morning networking series. Public-school receiver Stephen Zrike Jr. will be the guest speaker. Free to the business community. Sign up online at holyokechamber.com or call the chamber office at (413) 534-3376.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public. Call the Holyoke chamber at (413) 534-3376 to secure your table or sign up online at holyokechamber.com.

• Oct. 14: Autumn Economic Development Business Salute Breakfast, 7:30-9 a.m., at the Log Cabin, 500 Easthampton Road, Holyoke. Sponsored by Holyoke Medical Center, Ferriter & Ferriter Law, and Resnic, Beauregard, Waite and Driscoll. Rick Sullivan, president and CEO of the Economic Development Council of Western Mass., is keynote speaker. Other guests include Andrew Crystal, vice president at O’Connell Development Group Inc.; Marcos Marrero, director of the Holyoke Economic and Development Office; E. Denis Walsh of Weld Management; and John Aubin of Open Square. New members Holyoke Signs & Design, Elevation Art and Framing, Century Homecare, and Presley Law, PLLC will also be recognized, as well as FlynMar Rubber & Plastics’ 45th anniversary and Open Square’s 25th anniversary. Tickets include a buffet breakfast and cost $25 for members with advance reservations and $30 for all others. Reservations may be made online at holyokechamber.com.

• Oct. 21: Chamber After Hours, 5-7 p.m., at Northeast IT Systems Inc., 777 Riverdale St., West Springfield. Business networking event. Refreshments, 50/50 raffle, and door prizes. Cost: $10 for members, $15 for all others. Call the chamber at (413) 534-3376 to sign up, or visit holyokechamber.com.

• Oct. 22: Leadership Holyoke/Meet at Wistariahurst Museum, 8 a.m. to 4:30 p.m. A leadership series with HCC faculty members participating as instructors and facilitators. Community leaders will participate as speakers. Sponsored by PeoplesBank and Holyoke Community College.

• Oct. 28: Murder Mystery Dinner, 6-9 p.m., at the Yankee Pedlar, 1866 Northampton St. Networking cocktail hour at 6-7 p.m., with full-course dinner to follow. Sponsored by Meyers Brothers Kalicka and Baystate Restoration Group. During “Mystery at the Masquerade,” trade clues with other guests and solve the crime at this night of masks and murder. Cost:  $49.95 for members, $52.95 for non-members and at the door.

GREATER NORTHAMPTON CHAMBER OF COMMERCE

www.explorenorthampton.com
(413) 584-1900

• Oct. 7: October Arrive @ 5 Open House, 5-7 p.m., at the chamber office. Sponsored by Pioneer Training, Innovative Business Systems, and Florence Savings Bank. Cost: $10 for members.

• Nov. 4: November Arrive @ 5 Open House, 5-7 p.m. Hosted by Cooley Dickinson Hospital, 30 Locust  St., Northampton. Cost: $10 for members.

• Dec. 2: December Arrive @ 5, 5-7 p.m., at Hampshire Council of Governments, Northampton. Sponsored by Applied Mortgage. Cost: $10 for members.

GREATER WESTFIELD CHAMBER OF COMMERCE

www.westfieldbiz.org
(413) 568-1618

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public.

• Oct. 14: Oktoberfest After 5 Connection, 5-7p.m., at East Mountain Country Club, 1458 East Mountain Road, Westfield. Sponsored by Highland Valley Elder Services and MedExpress Urgent Care. Cost: $10 for members, $15 cash at the door for non-members. To register, call Pam at the chamber office at (413) 568-1618.

• Oct. 19: Long-term-care Planning, 4:30-5:30 p.m., at Holiday Inn Express, 39 Southampton Road, Westfield. Sponsored by Renaissance Advisory. Cost: free for chamber members, $30 for non-members. To register, call Pam at the chamber office at (413) 568-1618

NORTH CENTRAL CONNECTICUT CHAMBER OF COMMERCE

www.ncccc.org
(860) 741-3838

• Oct. 20:  Networking Lunch, noon-1:30 p.m. For more information, contact the chamber at (860) 741-3838 or [email protected]

• Oct. 22:  Business to Business Expo, 4:30-7:30 p.m. at the Holiday Inn, 1 Bright Meadow Blvd., Enfield, Conn. For more information, contact the chamber at (860) 741-3838 or [email protected]

NORTHAMPTON AREA YOUNG PROFESSIONAL SOCIETY

www.thenayp.com
(413) 584-1900

• Oct. 8: October Networking Social, 5 p.m., at McCray’s Farm. Join us for our monthly networking social, complete with fall fun such as pumpkin picking and hayrides. Cost: free for NAYP members, $10 for non-members. RSVP with the chamber.

PROFESSIONAL WOMEN’S CHAMBER

www.professionalwomenschamber.com
(413) 755-1310

• Oct. 7: PWC Headline Luncheon, 11:30 a.m. to 1:30 p.m., at the Munich Haus, 13 Center St., Chicopee. Featuring Kathleen Corbett, former president of Standard & Poors, lead director of the MassMutual board of directors, and founder of Cross Ridge Capital. Cost: $30 for PWC members, $40 for general admission. Reservations may be made online at www.professionalwomenschamber.com.

• Oct. 20: PWC Ladies Night, 5-7 p.m., at Kate Gray, 398 Longmeadow St., Longmeadow. Enjoy complimentary wine and refreshments. Reservations are complimentary but required. Reservations may be made by contacting Gwen Burke at [email protected] or (413) 237-8840.

SPRINGFIELD REGIONAL CHAMBER

www.myonlinechamber.com
(413) 787-1555

• Oct. 7: Springfield Regional Chamber Business@Breakfast, 7:15-9 a.m., at Crestview Country Club, 281 Shoemaker Lane, Agawam. Featuring Duane Cashin, sales growth strategist, motivational speaker, sales trainer, business development consultant, and author. Saluting Noonan Energy (125th anniversary) and Adam Quenneville Roofing, Siding and Windows (20th anniversary). Sponsored by United Personnel. Cost: $20 for members in advance, $25 for members at the door, $30 for generation admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public. Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 14: Springfield Regional Chamber Lunch-n-Learn, 11:30 a.m.-1 p.m., at La Quinta Inn & Suites, 100 Congress St., Springfield. “Creating Marketing Campaigns Perfect for the Holiday Season,” with local authorized Constant Contact representative Liz Provo. Cost: $25 for members, $35 for general admission.Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 23: Springfield Regional Chamber Super 60, 11:30 a.m. to 1:30 p.m., at Chez Josef, 176 Shoemaker Lane, Agawam. Honoring the region’s top performing companies. Featuring keynote speakers Emily and Oliver Rich – the Tea Guys. Cost: $50 for members, $70 for general admission. Tables of eight or 10 available. Reserve by Oct. 14. No walk-ins accepted, no cancellations after deadline. Reservations may be made online at www.springfieldregionalchamber.com.

WEST OF THE RIVER CHAMBER OF COMMERCE

www.ourwrc.com
413-426-3880

• Oct. 6: West Springfield Mayoral Candidates Forum, 6 p.m., at West Springfield Town Hall. For more information, contact the chamber office at (413) 426-3880 or [email protected].

• Oct. 7: Wicked Wednesday, 5:30-7:30 p.m., hosted By John P. Frangie, M.D., West Springfield. Wicked Wednesdays are monthly social events, hosted by various businesses and restaurants, that bring members and non-members together to network in a laid-back atmosphere. For more information, contact the chamber office at (413) 426-3880 or [email protected].

• Oct. 28: Food Fest West, 5:30-8 p.m., at Chez Josef, Agawam. The event will feature the foods of area restaurants, including Chez Josef, Classic Burgers, Crestview Country Club, EB’s, Hofbrau Joe’s, Murphy’s Pub, Partner’s Restaurant, Pintu’s, and more. Proceeds raised by Food Fest West will go toward the Partnership for Education and the WRC Educational Fund, which provides grants to businesses for on-the-job training and continuing-education needs. Cost: $25 in advance, $30 at the door. Tickets may be purchased online at www.westoftheriverchamber.com. For more information, contact the chamber office at (413) 426-3880 or [email protected].

Court Dockets

By
Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

Sysco Connecticut, LLC v. Family Roasters Inc. and Benjamin Vargas
Allegation: Non-payment of goods sold and delivered: $3,439.12
Filed: 9/1/15

HAMPDEN SUPERIOR COURT

A.J. Virgilio Construction Inc. v. Bast Hatfield Construction, LLC and Galaxy Sutton, LLC
Allegation: Non-payment of services, labor, and materials: $73,867
Filed: 9/11/15

Cach, LLC v. Totally Cellular Inc. and Todd M. Demers and James R. Demers
Allegation: Non-payment on commercial credit agreement: $91,475.80
Filed: 8/31/15

Cach, LLC v. Totally Cellular Inc. and Todd M. Demers and James R. Demers
Allegation: Non-payment on commercial credit agreement: $84,214.09
Filed: 8/31/15

Nuevo Cuba Supermercado, LLC v. Sabrosura Supermarket Inc.
Allegation: Unpaid rent: $35,500
Filed: 9/1/15

PALMER DISTRICT COURT

Cach, LLC v. RP Auto and Peter Standre
Allegation: Non-payment pursuant to a credit-card agreement: $19,541.95
Filed: 9/1/15

SPRINGFIELD DISTRICT COURT

Beacon Sales Co. v. A.P.T. Builders and Adam Trufant
Allegation: Default on commercial credit agreement: $5,903.56
Filed: 7/13/15

Gary Linski d/b/a Green Street Logistics v. 126 King Street, LLC
Allegation: Non-payment of services rendered: $12,500
Filed: 8/14/15

Perkins Paper, LLC v. Boston Natural Foods, LLC and Joseph B. Deluca
Allegation: Non-payment of goods sold and delivered: $68,216.56
Filed: 7/20/15

The Vape Bar Escape, LLC v. The Big Cloud Vape Shop, LLC & Margaret Drollett
Allegation: Conversion, unjust enrichment, tortuous interference with business relations: $17,755
Filed: 7/6/15

Wellborn Cabinet Inc. v. Sterling Architectural Millwork Inc.
Allegation: Non-payment of goods sold and delivered: $14,453.63
Filed: 7/15/15

WESTFIELD DISTRICT COURT

Marion’s Air Conditioning & Refrigeration Inc. v. Maurice Casey Inc.
Allegation: Non-payment for repairs, parts, and services to refrigeration systems: $8,686.51
Filed: 9/4/15

Comcast Cable Appoints Michael Parker Region’s Senior Vice President

By
Daily News

SPRINGFIELD — Comcast Cable announced that Michael Parker has been named senior vice president of the company’s Western New England Region, which includes Western Mass. In this role, Parker is the top executive responsible for operations, performance, and customer experience for the region, which employs more than 1,700 people and encompasses 300 communities in Western Mass., Connecticut, Vermont, Western New Hampshire, and New York.

“I am confident that Michael’s strong leadership and dedication, combined with his passion for fostering a culture focused on delivering superb service, make him the natural choice to lead the Western New England Region,” said Kevin Casey, president of Comcast’s Northeast Division.

Parker has held a series of progressively larger management positions at Comcast over the past 14 years. He most recently served as vice president of Operations for Comcast’s Greater Chicago Region and also previously held leadership roles for the company in New York and Connecticut, Baltimore, and Detroit. Before joining Comcast, Parker worked for Tele-Communications Inc. and began his career serving as Illinois assistant attorney general.

Parker will work with his leadership team to implement the company’s multi-year strategy to transform the customer experience. The plan centers on looking at every decision through a customer lens and making measureable changes and improvements across the company.

“I look forward to ensuring that we not only deliver the most innovative and reliable products, but that we exceed our customers’ expectations,” he said.

Parker is active in many community and professional organizations, including the National Assoc. of Multi-Ethnicity in Communications (NAMIC), the Cable & Communications Assoc. for Marketing (CTAM), and the National Black MBA Assoc. He is a graduate of NAMIC’s Executive Leadership Development Program, CTAM’s Executive Management Program, the Society of Cable Telecommunications Engineers’ Tuck Executive Leadership Program, and Comcast’s Executive Leadership Forum. He has been named among the “Most Influential Minorities” in the cable industry by Cablefax: the Magazine for the past 10 years, and was also previously honored on the “Top 50 Under 50” list of Black MBA magazine.

Parker holds an MBA from the Kellogg Graduate School of Management at Northwestern University and earned degrees from the University of Miami School of Law and Lake Forest College. He is also a graduate of the Officer Candidates School in Quantico, Va., and attained the rank of first lieutenant during his service with the U.S. Marine Corps Reserve.

Rick Sullivan to Address Economic Development Business Breakfast

By
Daily News

HOLYOKE — Kathleen Anderson, president of the Greater Holyoke Chamber of Commerce, announced that the Fall Economic Development Business Breakfast, “Holyoke’s Building Blocks,” will be held on Wednesday, Oct. 14 at 7:30 a.m. at the Log Cabin in Holyoke.

“Local and regional community economic and property development will be the focus,” she explained. “It is important for our business community to understand what is available for future development in the city and for our keynote speaker, Richard Sullivan, to see the opportunities as he attracts businesses to this region.”

The keynote speaker will be Rick Sullivan, president and CEO of the Western Massachusetts Economic Development Council, who served as chief of staff under then-Gov. Deval Patrick, worked as state Secretary of Energy and Environmental Affairs, and was appointed commissioner of the Department of Conservation and Recreation while serving as Westfield mayor from 1994 to 2007.

Breakfast attendees will hear from local property owners about their success and plans for the future, and get updates on progress from a local property- and land-developer panel led by City Office of Planning and Economic Development Director Marcos Marrero, John Aubin of Open Square, Andrew Crystal of O’Connell Development Group Inc., E. Denis Walsh of Weld Management, Glenn Shealey of Quantum Properties, and Sullivan.

New chamber members will also be introduced to the business community, including Batchelder Associates, Alternative Health, Elevation Art & Framing, Century Homecare, Fiesta Cafe, Advanced Restoration, Presley Law, PLLC, Insurance Center of New England, Signs and Design, and Revitalize CDC. Salutes will go out to Open Square on its 25th anniversary and to FLN-MAR, celebrating 45 years in business.

The breakfast is sponsored by Ferriter Law, Holyoke Medical Center, and Resnic, Beauregard, Waite & Driscoll. Admission is $20 with advance registration for Holyoke chamber members, $25 for member walk-ins, and $30 for the public. Tickets may be purchased in advance at holyokechamber.com/events.

WMBExpo Boasts a Strong Educational Component

By
Features

Learning Opportunities

WMBExpo 2015 LOGO

At its core, the Western Mass. Business Expo is, as the name suggests, a business-to-business showcase, an event that turns a bright spotlight on companies large and small and across sectors of the economy.

But there has always been a strong educational component to the annual fall event, said Kate Campiti, associate publisher of BusinessWest, which has produced the show since 2011. And the 2015 edition of the Expo, set for Nov. 4 at the MassMutual Center in downtown Springfield, will be no exception.

In fact, she said, it will set a new standard when it comes to programs and events designed to help business owners and managers better understand and navigate the complexities of doing business today.

Indeed, seminar topics will run the gamut from medical marijuana in the workplace to preventing white-collar crime; from creating sales opportunities to brand development; from bullying in the workplace (and how to prevent it) to a new term not yet officially in the dictionary: ‘parentrepreneurship.’

In addition to 16 seminars across four tracks, there will be other opportunities to learn, said Campiti, listing everything from breakfast and luncheon keynote speakers and their messages on both business and life, to a special program on robotics featuring area high-school students, to the so-called, and appropriately named, ‘Business Resource Hub.’

This special corridor of the Expo show floor will be occupied by a host of agencies with varying missions but a common purpose — helping area businesses thrive.

“The Business Resource Hub will be a true resource,” said Campiti. “It has never been tougher to be in business and stay in business, and those trying to run often have questions — about everything from how to secure financing to how to navigate the new sick-leave law — but often don’t know where to look to find answers. The Business Resource Hub will help them make important contacts with a host of state and local business-assistance agencies.”

The specific seminar schedule is still to be finalized, said Campiti, but the tracks have been selected — Sales & Marketing, Workforce Development, Entrepreneurship, and Hottest Trends — as have many of the topics for discussion. A brief look at some of the working titles of the seminars gives a hint of the wealth of information to be disseminated. They include:

• “Parentrepreneurship: Being Both a Parent and an Entrepreneur”;
• “Building a Pipeline of Sales Opportunity”;
• “Why Interns Can Make a Difference for Your Company”;
• “Securing Your Business from White-collar Crime”;
• “How to Work with Humans: Harnessing the Power of Employees”;
• “Increasing the Sanity, Fairness, and Appreciation in Your Family Business”; and
• “Secrets to Hiring and Developing the Right People.”

Meanwhile, other components of the show include a return of last year’s highly successful Retail Corridor, the ever-popular pitch contest staged by Valley Venture Mentors, a Healthcare Corridor, a Technology Corridor, the day-capping Expo Social (one of the best networking events of the year), and much more.

The Expo will again be presented by Comcast Business, which has been the show’s lead sponsor since BusinessWest began producing it in 2011. Director-level sponsors are Health New England, Johnson & Hill Staffing Services, MGM Springfield, and Wild Apple Design. The Isenberg School of Management at UMass Amherst is education sponsor, and Elms College is the information-center sponsor. Details on the Expo can be found by visiting www.wmbexpo.com.

Fast Facts

What: The Western Mass. Business Expo
When: Nov. 4
Where: MassMutual Center, Springfield
Events and Activities: Breakfast hosted by the Springfield Regional Chamber of Commerce, featuring Dan Kenary, CEO and co-founder of Boston-based Harpoon Brewery; lunch hosted by the Professional Women’s Chamber; Show Floor Theater presentations; informational seminars; Pitch Contest, matchmaking opportunities, robotics displays, the Business Resource Hub, and more.
Exhibitor Information: Booth sizes and rates are: 20×20 showcase unfurnished: $2,250; 20×20 showcase furnished: $2,400; 10×20 double unfurnished: $1,250; 10×20 double furnished: $1,350; 10×10 corner unfurnished: $850; 10×10 corner furnished: $925; 10×10 standard unfurnished: $750; 10×10 standard furnished: $825.
For More Information: Call (413) 781-8600, or visit www.wmbexpo.com.

UMass Center at Springfield Looks to Grow Its Influence

By
Education Sections

Root Geometry

Daniel Montagna says the UMass Center

Daniel Montagna says the UMass Center at Springfield is looking to build on the momentum gained during a solid first year.

Dan Montagna says he can easily quantify the success enjoyed by the UMass Center at Springfield during its initial year, as well as the momentum it gained for the second, which started earlier this month.

Indeed, the number of classes offered at the 26,000-square-foot facility in Tower Square increased from 20 in its first semester of operation a year ago to more than 25 this fall. And while he didn’t have an exact count when interviewed by BusinessWest — the so-called ‘add/drop period’ for many classes was still ongoing — he was quite certain that the number of students enrolled in classes in the state-of-the-art facility had increased markedly as well.

“Going from fall to spring, we saw a sharp increase in both the number of classes and programs, as well as enrollment,” said Montagna, who assumed the role of director of Operations at the center last spring. “And for the fall, it looks like a little bit of an uptick in the number of classes, but a potentially greater number of students who will be attending classes here.”

There were other measures of success, he went on, including the 275 or so community events of varying sizes staged at the center’s diverse facilities.

As for the other assignment put to him by BusinessWest  — qualifying how the center has fared with its mission of helping to bring vibrancy to downtown Springfield and provide new levels of convenience for area students — he said that was slightly more difficult, especially the first part of that equation.

And it will certainly take more than 12 months to effectively answer that question.

But he felt very confident saying that the center has established a firm foothold downtown, forged several strong working relationships with other area colleges, and already become a huge asset for the region.

“From our measures, it’s been a very successful start for the center,” he said, adding that the obvious goal is to build on that momentum. “It’s about growth, expansion of the academics, and seeing what other courses we can bring in and focus on concentration areas.

“As for the other side of the equation, the community-engagement side,” he continued, “the fact that we’ve been able to plant roots in the heart of downtown Springfield and host perhaps 300 community events has been outstanding, and something we continue to build on.”

For this issue and its focus on education, BusinessWest takes a quick look back at the UMass Center’s first year in operation, and then puts the focus on how this facility can continue to gain momentum.

Course of Action

Montagna was on hand when the center opened its doors a year ago — and actually well before that — in the capacity of assistant director of operations.

He had taken that role after stints as a project manager for a private consulting firm that specialized in work with nonprofits, and, before that, as a program manager for the so-called Bay State Roads program, a state- and federally funded transportation initiative that provided technical assistance to officials in area communities. He said he joined the team at the UMass Center because he was intrigued by the center’s role with the university — and with the city of Springfield — and wanted to be a part of it.

“What attracted me to it was the concept of UMass bringing a campus to the downtown Springfield area,” he explained. “That immediately grabbed my attention, and as a local native, growing up in Agawam and living in the Pioneer Valley my whole life, I have a personal investment in the surrounding community.

“I’ve always been a cheerleader for Springfield doing better things,” he went on. “And the timing around the developments in the downtown, the revitalization efforts, along with the university making this investment and wanting to bring some of what they’re known for to the downtown area, was really exciting to me.”

He would take on a much bigger part last spring, when William Davila, the center’s first director of Operations, left to take a position with the Center for Human Development.

Montagna said his job description has a number of moving parts — from keeping the proverbial lights on to being a liaison to Tower Square management to being the face of the center within the community — but at its heart it’s fairly simple: to continually broaden the center’s impact in downtown Springfield and within the region’s higher-education sector. And, he said, a successful first year has provided a solid foundation on which to build.

“We want to focus on all aspects of our mission, building not only the scope of academic programs here, working with the campus communities,” he explained, “but also the community-engagement component; we want to be much more than a satellite campus.”

Elaborating, he told BusinessWest that the center can be classified using a number of nouns, starting with ‘facility.’

Indeed, it serves as a central location from which UMass Amherst and other colleges and universities can offer classes and other programs.

That location, as well as the large inventory of facilities — from large classrooms to varying-sized conference rooms to large study areas — also makes the center a resource, another of those nouns, said Montagna, adding that a wide array of nonprofit organizations, government agencies, and economic-development groups have staged meetings and other types of events there.

That list includes Springfield Public Schools, the United Way, the Department of Homeland Security (which staged a training program for local law-enforcement officers there), and the Young Professional Society of Greater Springfield.

As it carries out those roles, the center also serves as a “partnership,” he went on, adding that UMass Amherst collaborates with Westfield State University, UMass Boston, Springfield Technical Community College, and Holyoke Community College to provide convenient access to courses in a number of fields.

The center now hosts classes for several UMass Amherst programs, including the College of Nursing, which has a large presence there, as well as TEACH 180 Days in Springfield, the Isenberg School of Management’s part-time MBA program, and University Without Walls. Meanwhile, it also hosts UMass Boston’s Addictions Counselor Education Program; Adult Career Pathways, Adult Basic Education, community health training, and workforce-training programs from STCC and HCC; and a Community Planning course, which is a collaboration between the STCC, Westfield State, and UMass Amherst planning departments.

All of the above assures a steady flow of students and instructors into the center, which offers both day and night classes, said Montagna, adding that this critical mass inspires use of another term to describe the facility — catalyst.

And while there may be some objective gauges of the overall impact of the center — such as in the number of additional lattes sold at Dunkin Donuts or paninis at Hot Table on the ground floor at Tower Square — this is more of a subjective analysis at this point, he told BusinessWest, although those at the center continue to look for more ways to measure its impact.

“One of the things I’m really working on with my staff is the quantifying component,” he explained. “We’re trying to measure as much as we can; we’re trying to work toward more cohesive, more comprehensive tracking of our usage and our impact downtown.”

Overall, he believes the center is certainly contributing on the micro level — with receipts at area downtown restaurants, for example — and will eventually be impactful on the macro level as well, being one of a host of new facilities, businesses, and initiatives that make downtown a true destination.

Branching Out

Summing up the UMass Center’s first year of operation, Montanga said the initiative (there’s still another noun used to describe it) returned to that notion of putting down roots, noting that they have certainly taken a firm hold.

What develops from those roots remains to be seen, obviously, but he believes the center will grow into a vital contributor to the region’s economy, its ongoing efforts to create a large, capable workforce for the future, and the vibrancy of a downtown in the midst of a comeback.

In many respects, he said in conclusion, it is already all of the above.

George O’Brien can be reached at [email protected]

Chamber Corners: Upcoming Events

By
Chamber Corners Departments

AMHERST AREA CHAMBER OF COMMERCE

www.amherstarea.com
(413) 253-0700

• Oct. 1: Amherst Area Chamber Annual A+ Awards Dinner, 5-9 p.m., at the Hadley Farms Meeting House, 41 Russell St., Hadley. The Amherst Area Chamber of Commerce Annual A+ Awards Dinner is the social event of the year.This year, we will be honoring six awardees for their contributions to life and commerce in the Amherst Area. The MVP Award, Legacy Awards, and awards for Lifetime Achievement in Business, Community Service, and Young Professionals will all be given. In addition, we seek to honor our two Cooley Dickinson Scholarship winners. Presenting sponsor:  PeoplesBank.

• Oct. 30: Chamber Legislative Breakfast, 7: 15-9 a.m., at the Lord Jeffery Inn, 30 Boltwood Ave., Amherst. Sponsored by Eversource. Cost: $15 for members, $20 for non-members.

GREATER CHICOPEE CHAMBER OF COMMERCE

www.chicopeechamber.org
(413) 594-2101

• Sept. 23: Business After Hours, 5-7 p.m., Marcotte Ford, 1025 Main St., Holyoke. Cost: $10 for members, $15 for non-members. For more information or to register, visit www.chicopeechamber.org.

• Oct. 2:  Rock Your Holidays with a Great Promotion, 9-11 a.m., at La Quinta Inn & Suites, 100 Congress St., Springfield. Seminar presented by Liz Provo, authorized local expert, Constant Contact. Cost: free for members, $10 for non-members.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public.

• Oct. 16:  Lunch & Learn with Thom Fox, 11:45 a.m. to 1 p.m., at the Hampton Inn, 600 Memorial Dr., Chicopee. “Want to Make More Money: All You Have to Do is Ask!” Cost:  $15 for members, $23 for non-members.

• Oct. 21: Salute Breakfast, 7:15-9 a.m., at the Hadley Farms Meeting House, 41 Russell St., Hadley.

• Oct. 28: Business After Hours, 5-7 p.m., at Loomis House, 298 Jarvis Ave., Holyoke.

GREATER EASTHAMPTON CHAMBER OF COMMERCE

www.easthamptonchamber.org
(413) 527-9414

• Oct. 8: Networking by Night, at the Cooley Dickinson Hospital Health Center Southampton. Join us and our host for a Fall Fiesta celebration, and enjoy a fun night of networking, interactive health stations, and appetizers provided by Meyers Catering. Sponsored by Dollars for Scholars.

• Oct. 19: Celebrity Bartenders, 6 p.m., at Opa Opa Brewery. Join in on all the fun and laughs as you help support funding this season’s holiday lights.

• Nov. 4: Networking by Night, 5-7 p.m., at Cooley Dickinson Hospital. Join the Greater Easthampton, Greater Northampton, and Amherst Area chambers along with our host, Cooley Dickinson Hospital, for a networking extravaganza. Sponsored by Duseau Trucking.

• Nov. 6: 
CheckPoint 2015 Legislative Summit. Registration and networking, 11 a.m.;
 welcome, lunch, and keynote speaker, noon to 1:30 p.m.; Chamber View
Dialogue with chamber executives, followed by legislative response, 1:30-3 p.m.; cocktail reception with heavy hors d’oeuvres, 3-4 p.m. Keynote speaker:  state Senate President Stanley Rosenberg. Also hear from Tim Wilkerson, regulatory ombudsman of Economic Policy Development at the Executive Office of Housing & Economic Development. Guests will have the opportunity to ask questions to invited legislators.

• Nov. 7: 15th Annual Greater Easthampton Chamber Viva Las Vegas Bowl-a-Thon, at Canal Bowling Lanes, 74 College Highway, Southampton. Two sessions:  3 p.m. and 6 p.m. A night of fun, laughs, music by DJ Jay Paglucia, and pizza as you help support funding this season’s holiday lights.

• Nov. 11: Monday Morning with the Mayor, 8-9 a.m., Burger King, Easthampton.

• Dec. 3: Holiday tree lighting and visit from Santa, 6:30-8 p.m., at Pulaski Park, Easthampton.

• Dec. 4: Greater Easthampton Chamber Snow Ball, 6-11 p.m., at the Garden House, Look Park. An old-fashioned, elegant, holiday affair. Sit-down dinner featuring Meyers Catering, live music, and dancing featuring Maxxtone. Dress in style, black tie optional.

GREATER HOLYOKE CHAMBER OF COMMERCE

www.holycham.com
(413) 534-3376

• Sept. 23: Legislative Coffee Hour, 7:45-9 a.m., at Slainte Restaurant, 80 Jarvis Ave., Holyoke. Sponsored by Ferriter & Ferriter Law and Hadley Printing. Speakers: Holyoke Mayor Alex Morse, Holyoke Police Chief James Neiswanger, and Holyoke Fire Chief John Pond. Join us for coffee and conversation where members of the community have a chance to ask questions regarding issues facing Western Mass. and the Greater Holyoke area. Tickets: $20 for members with advance reservations, $25 for non-members and at the door. Price includes a continental breakfast.

• Oct. 7: The Chamber Coffee Buzz Morning Networking, 7:30-9 a.m., at Dean Technical High School, 1045 Main St., Holyoke. The Coffee Buzz is a great way to jump-start your day with the opportunity to meet business and community leaders while enjoying coffee and a light breakfast. The Coffee Buzz series is sponsored by Lyon & Fitzpatrick, LLC. Holyoke Mayor Alex Morse will help launch the chamber’s new morning networking series. Public-school receiver Stephen Zrike Jr. will be the guest speaker. Free to the business community. Sign up online at holyokechamber.com or call the chamber office at (413) 534-3376.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public. Call the Holyoke chamber at (413) 534-3376 to secure your table or sign up online at holyokechamber.com.

• Oct. 14: Autumn Economic Development Business Salute Breakfast, 7:30-9 a.m., at the Log Cabin, 500 Easthampton Road, Holyoke. Sponsored by Holyoke Medical Center, Ferriter & Ferriter Law, and Resnic, Beauregard, Waite and Driscoll. Rick Sullivan, president and CEO of the Economic Development Council of Western Mass., is keynote speaker. Other guests include Andrew Crystal, vice president at O’Connell Development Group Inc.; Marcos Marrero, director of the Holyoke Economic and Development Office; E. Denis Walsh of Weld Management; and John Aubin of Open Square. New members Holyoke Signs & Design, Elevation Art and Framing, Century Homecare, and Presley Law, PLLC will also be recognized, as well as FlynMar Rubber & Plastics’ 45th anniversary and Open Square’s 25th anniversary. Tickets include a buffet breakfast and cost $25 for members with advance reservations and $30 for all others. Reservations may be made online at holyokechamber.com.

• Oct. 21: Chamber After Hours, 5-7 p.m., at Northeast IT Systems Inc., 777 Riverdale St., West Springfield. Business networking event. Refreshments, 50/50 raffle, and door prizes. Cost: $10 for members, $15 for all others. Call the chamber at (413) 534-3376 to sign up, or visit holyokechamber.com.

• Oct. 22: Leadership Holyoke/Meet at Wistariahurst Museum, 8 a.m. to 4:30 p.m. A leadership series with HCC faculty members participating as instructors and facilitators. Community leaders will participate as speakers. Sponsored by PeoplesBank and Holyoke Community College.

• Oct. 28: Murder Mystery Dinner, 6-9 p.m., at the Yankee Pedlar, 1866 Northampton St. Networking cocktail hour at 6-7 p.m., with full-course dinner to follow. Sponsored by Meyers Brothers Kalicka and Baystate Restoration Group. During “Mystery at the Masquerade,” trade clues with other guests and solve the crime at this night of masks and murder. Cost:  $49.95 for members, $52.95 for non-members and at the door.

GREATER NORTHAMPTON CHAMBER OF COMMERCE

www.explorenorthampton.com
(413) 584-1900

• Oct. 7: October Arrive @ 5 Open House, 5-7 p.m., at the chamber office. Sponsored by Pioneer Training, Innovative Business Systems, and Florence Savings Bank. Cost: $10 for members.

• Nov. 4: November Arrive @ 5 Open House, 5-7 p.m. Hosted by Cooley Dickinson Hospital, 30 Locust  St., Northampton. Cost: $10 for members.

• Dec. 2: December Arrive @ 5, 5-7 p.m., at Hampshire Council of Governments, Northampton. Sponsored by Applied Mortgage. Cost: $10 for members.

GREATER WESTFIELD CHAMBER OF COMMERCE

www.westfieldbiz.org
(413) 568-1618

• Oct. 1: Community Discussion, 7 p.m., at Westfield State University, Scanlon Hall, 577 Western Ave., Westfield. Free and open to the public. The Greater Westfield Chamber of Commerce, in partnership with Friends of the Columbia Greenway Rail Trail, the city of Westfield, and Westfield State University, will host a healthy-community advocate, Mark Fenton. Residents, health professionals, business owners, planning experts, and anyone with an interest in redesign of a community for improved health outcomes should attend. Fenton is a national public-health, planning, and transportation consultant; an adjunct associate professor at Tufts University’s Friedman School of Nutrition Science and Policy; and former host of the America’s Walking series on PBS. He has authored numerous books, including the bestselling Complete Guide to Walking for Health, Weight Loss, and Fitness.

• Oct. 5: Mayor’s Coffee Hour, 8-9 a.m., at the Arbors, 40 Court St., Westfield. Event is free and open to the public. To register, call Pam at the chamber office at (413) 568-1618.

• Oct. 5: Medicare Made Easy, 4:30-6:30 p.m., at Holiday Inn Express, 39 Southampton Road, Westfield. Presented by Sarah Fernandez, Medicare sales manager, Health New England. Cost: free for members, $30 for non-members. To register, call Pam at the chamber office at  (413) 568-1618.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public.

• Oct. 14: Oktoberfest After 5 Connection, 5-7p.m., at East Mountain Country Club, 1458 East Mountain Road, Westfield. Sponsored by Highland Valley Elder Services and MedExpress Urgent Care. Cost: $10 for members, $15 cash at the door for non-members. To register, call Pam at the chamber office at (413) 568-1618.

• Oct. 19: Long-term-care Planning, 4:30-5:30 p.m., at Holiday Inn Express, 39 Southampton Road, Westfield. Sponsored by Renaissance Advisory. Cost: free for chamber members, $30 for non-members. To register, call Pam at the chamber office at (413) 568-1618

NORTH CENTRAL CONNECTICUT CHAMBER OF COMMERCE

www.ncccc.org
(860) 741-3838

• Oct. 20:  Networking Lunch, noon-1:30 p.m. For more information, contact the chamber at (860) 741-3838 or [email protected]

• Oct. 22:  Business to Business Expo, 4:30-7:30 p.m. at the Holiday Inn, 1 Bright Meadow Blvd., Enfield, Conn. For more information, contact the chamber at (860) 741-3838 or [email protected]

NORTHAMPTON AREA YOUNG PROFESSIONAL SOCIETY

www.thenayp.com
(413) 584-1900

• Oct. 8: October Networking Social, 5 p.m., at McCray’s Farm. Join us for our monthly networking social, complete with fall fun such as pumpkin picking and hayrides. Cost: free for NAYP members, $10 for non-members. RSVP with the chamber.

PROFESSIONAL WOMEN’S CHAMBER

www.professionalwomenschamber.com
(413) 755-1310

• Oct. 7: PWC Headline Luncheon, 11:30 a.m. to 1:30 p.m., at the Munich Haus, 13 Center St., Chicopee. Featuring Kathleen Corbett, former president of Standard & Poors, lead director of the MassMutual board of directors, and founder of Cross Ridge Capital. Cost: $30 for PWC members, $40 for general admission. Reservations may be made online at www.professionalwomenschamber.com.

• Oct. 13: PWC Ladies Night, 5-7 p.m., at Kate Gray, 398 Longmeadow St., Longmeadow. Enjoy complimentary wine and refreshments. Reservations are complimentary but required. Reservations may be made by contacting Gwen Burke at [email protected] or (413) 237-8840.

SPRINGFIELD REGIONAL CHAMBER OF COMMERCE

www.myonlinechamber.com
(413) 787-1555

• Sept. 22: September 2015 Pastries, Politics, and Policies, 8-9 a.m., at the TD Bank Conference Center, 1441 Main St., Springfield. Featuring state Sen. Benjamin Downing, chair of the Joint Committee on Telecommunications, Utilities, and Energy. Cost: $15 for members, $25 for non-members. For more information, contact Sarah Mazzaferro at (413) 755-1313.

• Oct. 7: Springfield Regional Chamber Business@Breakfast, 7:15-9 a.m., at Crestview Country Club, 281 Shoemaker Lane, Agawam. Featuring Duane Cashin, sales growth strategist, motivational speaker, sales trainer, business development consultant, and author. Saluting Noonan Energy (125th anniversary) and Adam Quenneville Roofing, Siding and Windows (20th anniversary). Sponsored by United Personnel. Cost: $20 for members in advance, $25 for members at the door, $30 for generation admission. Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 13: Table Top Expo & Business Networking Event, 4:30-7 p.m., at the Castle of Knights, 1599 Memorial Dr., Chicopee. Presented by the Greater Chicopee, Holyoke, Westfield, and Springfield Regional chambers of commerce. Exhibitor tables are $125 for members of the participating chambers. Cost to attend: $5 in advance, $10 at the door. Open to the public. Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 14: Springfield Regional Chamber Lunch-n-Learn, 11:30 a.m.-1 p.m., at La Quinta Inn & Suites, 100 Congress St., Springfield. “Creating Marketing Campaigns Perfect for the Holiday Season,” with local authorized Constant Contact representative Liz Provo. Cost: $25 for members, $35 for general admission.Reservations may be made online at www.springfieldregionalchamber.com.

• Oct. 23: Springfield Regional Chamber Super 60, 11:30 a.m. to 1:30 p.m., at Chez Josef, 176 Shoemaker Lane, Agawam. Honoring the region’s top performing companies. Featuring keynote speakers Emily and Oliver Rich – the Tea Guys. Cost: $50 for members, $70 for general admission. Tables of eight or 10 available. Reserve by Oct. 14. No walk-ins accepted, no cancellations after deadline. Reservations may be made online at www.springfieldregionalchamber.com.

WEST OF THE RIVER CHAMBER OF COMMERCE

www.ourwrc.com
413-426-3880

• Sept. 24: Breakfast Seminar, 7-9 a.m. at Oakridge Country Club, Feeding Hills. Breakfast tickets available, $25 for chamber members, $30 for non-members. For more information and for tickets, contact the chamber office at (413) 426-3880 or [email protected]

• Oct. 6: West Springfield Mayoral Candidates Forum, 6 p.m., at West Springfield Town Hall. For more information, contact the chamber office at (413) 426-3880 or [email protected].

• Oct. 7: Wicked Wednesday, 5:30-7:30 p.m., hosted By John P. Frangie, M.D., West Springfield. Wicked Wednesdays are monthly social events, hosted by various businesses and restaurants, that bring members and non-members together to network in a laid-back atmosphere. For more information, contact the chamber office at (413) 426-3880 or [email protected].

• Oct. 28: Food Fest West, 5:30-8 p.m., at Chez Josef, Agawam. The event will feature the foods of area restaurants, including Chez Josef, Classic Burgers, Crestview Country Club, EB’s, Hofbrau Joe’s, Murphy’s Pub, Partner’s Restaurant, Pintu’s, and more. Proceeds raised by Food Fest West will go toward the Partnership for Education and the WRC Educational Fund, which provides grants to businesses for on-the-job training and continuing-education needs. Cost: $25 in advance, $30 at the door. Tickets may be purchased online at www.westoftheriverchamber.com. For more information, contact the chamber office at (413) 426-3880 or [email protected].

Court Dockets

By
Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

FRANKLIN SUPERIOR COURT

Gregory J. Caulto and Jonathan David Lavietes v. John W. Dewitt and Lisa Paterno Dewitt d/b/a JW Dewitt Business Communications
Allegation: Breach of contract and non-payment of services rendered: $57,421
Filed: 8/4/14

 

HAMPDEN SUPERIOR COURT

Axia Insurance Co. v. Kenneth Hark and LJM Insurance Agency Inc.
Allegation: Breach of contract, breach of duty, conversion, unjust enrichment: $250,000
Filed: 7/18/14

Joseph Miller v. People’s Savings Bank
Allegation: Breach of fiduciary duty, unjust enrichment, conversion: $35,000
Filed: 7/23/14

Nuvo Bank and Trust Co. v. RIG Rest, LLC f/k/a Airedock Systems, LLC and Paul Gelinas
Allegation: Breach of contract on commercial promissory note: $209,759.63
Filed: 8/13/14

 

HOLYOKE DISTRICT COURT

Mountainview Landscapes and Lawncare v. Bassette Printers, LLC and Bassette Realty, LLC
Allegation: Non-payment of services rendered for winter upkeep of property: $6,121
Filed: 7/28/14

 

PALMER DISTRICT COURT

Gregorio Santiago v. the Hanover Insurance Co.
Allegation: Failure to effectuate a prompt, fair, and equitable settlement: $21,745.44
Filed: 7/21/14

 

SPRINGFIELD DISTRICT COURT

Comcast Spotlight Inc. v. Centaurian Dental Inc. d/b/a Columbia Family Dental
Allegation: Non-payment of advertising services rendered: $14,904.75
Filed: 7/25/14

Freedom Credit Union v. Theresa A. Welch and Michael Welch d/b/a Floral Dynamics
Allegation: Non-payment of promissory note: $11,727.54
Filed: 7/25/14

Liberty Mutual Insurance Co. v. Sambrico, LLC d/b/a Vista Home Improvement
Allegation: Non-payment of workers’ compensation policy: $23,453.23
Filed: 8/6/14

Liberty Mutual Insurance Co.  v.  Milford Hardwood Floors  Inc.
Allegation: Non-payment of workers’ compensation policy: $12,141.27
Filed: 8/6/14

Springfield Plumbing Supply Co. Inc. v. Michael J. Swayger d/b/a Swayger Plumbing
Allegation: Non-payment of goods sold and delivered: $10,674.37
Filed: 7/23/14

U. S. Foods Inc. v. MGB Inc. d/b/a Electric Café and Margaret Buxold
Allegation: Non-payment of goods sold and delivered: $9,137.30
Filed: 7/28/14

Gove Law Office Welcomes Katrina Anop

By
Daily News

NORTHAMPTON — Gove Law Office announced that Katrina Anop will join the practice as an associate attorney.

As a bilingual (English- and Spanish-speaking) lawyer, Anop will assist clients with their real-estate, family-law, guardianship, and probate needs. She received her bachelor’s degree in legal studies from UMass Amherst and her juris doctorate from Western New England University School of Law in 2011.

Gove Law Office, with offices in Northampton and Ludlow, is a bilingual firm with attorneys who can assist clients in both English and Spanish, providing legal representation in the areas of business representation, commercial lending, residential and commercial real estate, estate planning, guardianships, probate administration, and bankruptcy.

Susan Fentin Recognized Among Top Women of Law

By
Daily News

SPRINGFIELD — Skoler, Abbott & Presser, P.C., a labor- and employment-law firm serving employers in the Greater Springfield area, announced that attorney Susan Fentin will be an honoree at the annual Top Women of Law event presented by Massachusetts Lawyers Weekly. The event, recognizing the top 50 female legal professionals in Massachusetts, will be held Wednesday, Oct. 28 from 5:30 to 8 p.m. at the Marriott Copley Place Hotel in Boston.

The Top Women of Law program celebrates the outstanding achievements made by exceptional women in the legal profession. The awards highlight 50 women who are pioneers, educators, trailblazers, and role models. Fentin is the only honoree from the Pioneer Valley.

Fentin joined Skoler, Abbott & Presser in 1999 and has been a partner at the firm since 2004. Before beginning her law career she had a career in business and owned and operated her own marketing and advertising company. The experience gave her insight into the employment problems faced by many business owners. Today, she specializes in employment-law issues, counseling employers on handling difficult employee situations and avoiding litigation, defending employers against charges of discrimination under state and federal law, and employment litigation in state and federal court.

Her interest in helping employers is evident in her editorship of the Massachusetts Employment Law Letter and her involvement with the Advanced Employment Issues Symposium in Las Vegas. Her passion for employment law has also led her to Cambridge, Mass., where she has held master classes on behalf of M. Lee Smith Publishers on the Americans with Disabilities Act, the Fair Labor Standards Act, and the Family and Medical Leave Act.

A complete list of the Massachusetts Lawyers Weekly 2015 Top Women of Law honorees can be found online at masslawyersweekly.com/top-women-of-law/2015-honorees.

Bruce Devlin Named Among Best Lawyers in America

By
Daily News

SPRINGFIELD — Crear, Chadwell, Dos Santos & Devlin, P.C. announced that attorney Bruce Devlin was recently selected by his peers for inclusion in The Best Lawyers in America 2016 in the field of trust and estates.

Since it was first published in 1983, Best Lawyers has become regarded as a definitive guide to legal excellence, based on an exhaustive peer-review survey. More than 79,000 leading attorneys have cast more than 6.2 million votes to date on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

“As a peer-review survey, Best Lawyers is a comprehensive analysis of legal expertise in the area, and I am humbled and honored to be among the attorneys to be listed,” said Devlin. “The Best Lawyers lists are the most reliable, unbiased source of legal referrals.”

Devlin has worked in both the legal and accounting professions. He founded the law firm Frankel Devlin, LLC, where he worked from 2007 through mid-June 2014, when he joined Crear, Chadwell, Dos Santos & Devlin.

Devlin has effectively incorporated his tax background into his legal expertise, focusing on business law, wills, trusts, and other aspects of estate planning, probate, estate administration, taxation, and elder law. He holds a legal master’s degree in taxation, which he earned following his graduation from law school.

Springfield Regional Chamber to Host Session on Sick-leave Law

By
Daily News

SPRINGFIELD — Massachusetts Assistant Attorney General Jocelyn Jones will lead a discussion on the recently enacted earned-sick-time legislation at an information session presented by the office of Attorney General Maura Healey in conjunction with the Springfield Regional Chamber on Tuesday, Sept. 29 from 8:15 to 10 a.m. in the TD Bank Conference Center, 1441 St., Springfield.

On the November ballot, voters approved legislation that entitles employees to earn and use paid sick time. Massachusetts is the third state in the country to guarantee paid sick days for workers.

The information session will include a review of the law, the rights and responsibilities of both employers and employees, and the details of implementing the regulations written by the Attorney General’s office.

Jones is the deputy chief and special counsel for fair labor policy in the Fair Labor Division (FLD) of the Office of the Attorney General. She manages FLD policy and outreach work, directs the division’s public-construction-bidding unit and child-labor-enforcement program, and assists in overseeing wage-and-hour enforcement and litigation.

Reservations for the information session are complimentary but required, and can be made online at www.springfieldregionalchamber.com.

Consultant Seeks to Expand WomenUpFront Concept

By
Sections Women in Businesss

Creating a Sounding Board

Cathy Crosky

Cathy Crosky says women owners benefit from having a sounding board comprised of peers navigating similar issues and challenges.

Attorney Paula Almgren says she knows she’s a much better, much smarter businessperson now than she was before she joined a group called WomenUpFront about 18 months ago.

She credits the Pittsfield-based organization, which launched three years ago and is composed of fellow small business owners, with everything from helping her take basic, common-sense steps, such as creating a website for her practice, to developing an appetite for risk taking, including a book she’s planning to write on one of her specialties — navigating community-based care.

“I’ve taken a lot of actions I might not have taken, or would have taken longer to implement, if I wasn’t part of this group,” she said, citing the website as just one example. “And you become accountable to the group; if you say you’re going to do it, you have to do it.”

And yet, Almgren literally can’t wait until she can stop attending the monthly meetings of this group.

Indeed, there is a ceiling regarding annual revenues for membership in this intriguing group — $1 million — and Almgren, who started her practice in 1996, intends to break her way through it sometime soon.

When she does, she’ll be able to ‘graduate’ to a group called the Women Presidents Organization (WPO), which has pretty much the same basic mission statement and MO as WomenUpFront, but is obviously for those with larger ventures and often different challenges.

Transitioning to membership in WPO is the unofficial, usually unannounced ambition of WomenUpFront members, said Cathy Crosky, an executive coach and organizational transformation consultant with Charter Oak consulting group in Williamstown who conceptualized and now leads both organizations.

Paula Almgren

Paula Almgren

She told BusinessWest there are many stories like Almgren’s still being written in Berkshire County. They involve women who have found a comfort zone — not to mention myriad learning opportunities — in a group of roughly a dozen that she described early and often as a “sounding board.”

It is now Crosky’s ambition to replicate the success of the Pittsfield group in Hampden County. She noted that statistics clearly show that more women are choosing entrepreneurship as a career path, and the Greater Springfield area is certainly no exception to this rule.

Like the Pittsfield WomenUpFront group, the one planned for Hampden County will be limited to first-stage companies — it is not intended for startups, said Crosky, adding that it is focused on business, not networking, although there is certainly some of the latter as well.

“The idea behind the group is to help women to get beyond the day-to-day challenges and look at the business more purposefully and more strategically,” she said, adding that, to help meet that goal, she has brought in experts on subjects ranging from employment law to time management to address members. “It’s a deep dive into business issues and challenges, and it’s a learning group.”

For this issue and its focus on women in business, we take an in-depth look at the success achieved by WomenUpFront in Pittsfield, and how Crosky plans to make this concept more of a regional phenomenon.

Getting Down to Business

Unlike most members of the Pittsfield WomenUpFront group, Pam Sandler’s immediate goals do not include graduation to WPO.

That may eventually happen, she said, but at present, she’s comfortable with the revenue patterns being generated by the Stockbridge-based architecture firm she launched more than 30 years ago that bears her name and specializes in both residential and commercial work.

Pam Sandler

Pam Sandler says women have to juggle their lives differently than men do, which leads to unique challenges balancing business and other obligations.

“I was different than other women in the group — I really didn’t want to grow my business; I thought I was stretched as far as I could be stretched,” she said, adding that, generally speaking and economic downturns aside (they traditionally hit this sector very hard), she can generate as much work as she wants and needs to handle. “I was, and still am, far more interested in working smarter — I was getting pretty burned out.”

And, like Almgren, she believes she’s already made significant progress with that goal. As evidence, she cited the fact that she’s not burning as much midnight oil, and not because she has fewer projects on the books.

“I don’t work as many hours as I used to because I don’t have to — I’m working smarter,” she told BusinessWest. “I have less stress, and I’m more focused on the big picture — and I owe much of that to my once-a-month fix.”

That fix, as she called it, WomenUpFront, was in many ways inspired by WPO, said Crosky, adding that she was approached by several women who knew they could benefit from such a group, but didn’t fit the revenue criterion.

Like WPO, the new group was designed to be a forum where common issues and problems can be discussed confidentially, she went on, adding that members soon discover that, whatever challenge they’re facing, they’re certainly not unique, or alone, in that fight.

“The demands of running a business are increasingly more challenging,” Crosky told BusinessWest. “The roundtable provides an opportunity for women to share some of these challenges they have that are similar and offer support, best practices, and ideas — and learn from each other.”

Almgren concurred. “I find that there’s a lot of problem solving in the group — every time I go, I learn something new,” she told BusinessWest. “It’s really helpful as a business owner to be able to talk about what’s working and not working with your business and share ideas with other women business owners.”

Crosky noted that, while some business groups have certainly enjoyed success with a mixed-gender format, the women-only structure of this group appeals to many because of the commonality of issues and a generally shared outlook on business and how to manage.

“Many women report feeling much more comfortable in a women-only group because women lead differently than men and the challenges that women face in the marketplace are different,” she explained. “There’s also the challenge of balancing work and their personal lives, because they do have primary responsibility for children and aging parents, despite the changes in role definition.”

Sandler agreed.

“I find that women have to juggle their lives differently than men do,” she said. “I have three children, and I have to organize their lives and my work at the same time, which has been a real challenge.”

Crosky announced her intentions to form a Pioneer Valley chapter of WomenUpFront in the spring, with the support of the Business Growth Center and PeoplesBank, which have offered to provide meeting space and other forms of assistance.

She’s been working since then to recruit the eight to 10 women entrepreneurs she needs to launch. She knows they’re out there, but she also knows that most individuals who can use help are also those who find it most difficult to commit the time required to be an active participant in such a group.

If she can get a few minutes with a prospective member, she advises them it’s necessary to make the time.

Meeting of the Minds

Crosky said there is no firm timetable for starting the Pioneer Valley chapter of WomenUpFront.

The task of making women aware of the organization and its benefits and convincing them to commit the requisite time and energy is ongoing.

Overall, she believes expanding the concept across the Valley will help individual business owners meet their goals, but also benefit the region in its quest to encourage entreprebeurship and create jobs.

“Not everyone wants to grow beyond $1 million, but everyone wants to be more efficient and stabilize their business,” she said. “And that’s what we’re here for.”

For more information on WomenUpFront, call (413) 822-1263.

 

George O’Brien can be reached at [email protected]

Greenfield, Northampton Banks Make a Smooth Transition

By
BankingFinance Feature
Banking and Financial Services Sections

A More Cooperative Merger

CEO Michael Tucker

Greenfield Cooperative Bank President and CEO Michael Tucker

For the CEO of Greenfield Cooperative Bank, the recent merger with Northampton Cooperative Bank — joining two institutions with a combined 236 years of history — made sense on a number of levels, from their similar cultures to the prospect of greater lending clout, to different but compatible branch footprints that eliminated the need for layoffs. The goal, he said, was to make the merger as seamless for customers as possible, while putting a broader range of services within their reach.

For 36 years in the banking industry, Michael Tucker has weathered plenty of changes, so the recent merger of Greenfield Cooperative Bank — where he has served as president and CEO since 2002 — and Northampton Cooperative Bank was far from a first.

“I’ve been through four of these, and I’ve been on both sides,” he said, referring to being the larger or smaller bank in mergers and acquisitions. “My first one was 30 years ago, when the old Nonotuck Savings Bank merged with SIS. They made sure Nonotuck looked like SIS on day one, and they lost half their customers within a year.”

It’s a lesson he hasn’t forgotten, which is why customers at the two recently merged co-op banks — announced 15 months ago and made official on April 1 — were met with a much more seamless transition. “Here, our goal was to make it transparent for customers. We aren’t closing offices or laying anyone off.”

The overall entity — which now boasts about $525 million in deposits, more than $60 million in capital, 10 branches, and 98 employees — is officially called Greenfield Cooperative Bank, taking the name of the larger institution.

But, while the six Franklin County branches that have been operating under the Greenfield name — two in Greenfield and one each in Northfield, Sunderland, Shelburne Falls, and Turners Falls — will continue to do so, the four Hampshire County branches, two each in Northampton and Amherst, will continue to operate under the Northampton Cooperative Bank name their customers are used to, as a division of Greenfield Co-op.

Click HERE to download a PDF listing of Banks in Western Mass.

“We committed to using the Northampton Co-op name in Hampshire County, for existing branches and any that might open in the future,” Tucker said, noting that no physical expansion plans are on the drawing board yet, as bank leaders want to first make sure the current branches are running smoothly.

“Why give up all that history, all that goodwill, for either brand?” he continued, noting that Greenfield Co-op dates back to 1905, and Northampton Co-op to 1889. “Early on, people said, ‘let’s come up with a new name for the combined bank.’ I’ve seen that done elsewhere, and people just ask, ‘now, what bank was that?’”

William Stapleton, formerly president and CEO of Northampton Co-op, now serves as CEO of Greenfield Bancorp, MHC, and chairman of the combined bank, with Tucker remaining as president of the holding company and president and CEO of the combined bank. Both of them cited expanded customer access, improved economies of scale, and more efficient operations as reasons for the deal.

“A $100 million bank would have trouble surviving today, because of the expenses,” Tucker said, referring specifically to increased regulatory and compliance costs for banks in today’s environment. “My commitment when I came here was to stay mutual and make sure I handed this bank off to the next generation healthier than when I found it. I think this merger helps us to ensure that. Now we spread those expenses over a bigger base.”

Check Mates

That’s not to say Greenfield Cooperative wasn’t already growing, having increased its deposits by an average of 5% to 6% annually in Tucker’s 13-year tenure, effectively doubling that figure from $175 million to $350 million.

“When we looked at where we might grow next, we were looking at Hampshire County,” he told BusinessWest, adding, however, that a merger with a similar organization made more sense than building more Greenfield Co-op branches there. As it turned out, he found a sympathetic ear in Stapleton.

“We had a lot in common with Northampton Cooperative Bank,” Tucker went on. “Bill and I had been talking off and on for a number of years. That happens a lot in the industry.”

With the approval of each bank’s 11-member board, the merger underwent the normal regulatory processes and became official on April 1, just over five months ago. As for the directors, the banks simply merged them into one 22-member board, which will be whittled down through impending retirements to something more manageable. Board meetings are typically held in Deerfield, between the bank’s two namesake cities.

“There will always be a few bumps, but it’s been pretty smooth,” Tucker said of the merger, noting that the two institutions already used the same Connecticut-based financial-technology service, COCC, and there was no duplication of account numbers, allowing Northampton Co-op customers to keep their checks and debit cards. Those customers also have access to new financial services and low-cost Mass Save energy loans through Greenfield Co-op, as well as programs like IDSafeChoice, an identify-theft protection service Greenfield partnered with a decade ago.

Meanwhile, the merged institution is finding efficiencies and cost savings in pending retirements. “I had three senior officers scheduled to retire this year. After our merger, I only had to replace one; for the other two, we used people in Northampton.”

Greenfield Co-op

Greenfield Co-op has been headquartered in the same location since the 1940s, while both it and Northampton Co-op boast histories spanning well over a century.

At the same time, Tucker said, “a lot of our customers are happy they can do business in the Northampton-Amherst neck of the woods. We’ve added commercial-lending capabilities down there; they really didn’t do commercial loans, but we hired two new lenders to service the area, and stationed one of our investment-services guys, from Florence, in Northampton.”

Moving from $39 million in capital to more than $60 million after the merge also allows Greenfield Co-op to offer larger loans, including SBA loans. “Our lending house limit was 10% of capital, so that goes from $3.9 million up to $6 million. Sometimes customers outgrow you; it’s nice keeping pace with our customers.”

Employees have already taken advantage of new career opportunities as well, with some already moving to branches closer to where they live. “It gives a broader career path for some people,” Tucker said. “I think that will continue as we grow.”

Career Moves

Tucker spent 20 years at SIS before moving to Easthampton Savings Bank in 1999 as senior operating officer and in-house counsel, spending three and a half years there before Greenfield came calling.

A lawyer by trade, he never planned on advancing that far in the banking world when he started out as an SIS teller in 1979 while attending law school at night. “I was planning to be there four years, then go on to my own practice, but the CEO of SIS back then was a lawyer who had started doing real-estate closings back in the ’50s. He encouraged me, and I ended up staying; by the late ’80s, I got my master’s in banking law.”

The dual expertise served him well as he rose to higher positions, and he has never lost his passion for learning more about his industry — especially at a time when online and mobile banking platforms have changed the way banks interact with their customers.

“There will always be a place for brick-and-mortar customers who want to be able to talk to a person,” he said. “That’s the local edge; otherwise, you might as well bank with Capital One out of Ohio. But, at the same time, some customers never come into the bank. I remember when teller lines were out the door to cash Social Security checks, but that’s all direct deposit now. There are still lines, but it’s to socialize and update their passbook and see the tellers, who are also their friends. You don’t have to come into the bank anymore, so branches are smaller now.”

Although he foresees working about seven more years before retirement, the rapid changes in banking — both regulatory and technological — help drive Tucker’s involvement with organizations like the Mass. Bankers Assoc., which he chaired until last year, and the Federal Reserve Bank in Boston, where he currently serves on the board of directors. “Part of that, for me, is continuing to learn, staying active in the industry. And it’s an industry, I think, where we do a lot of good for people — and it’s fun.”

He says he’s acutely aware of the roles community banks play in the business fabric of Western Mass., from philanthropy and civic involvement to loan support for families and businesses.

“We are lucky to have this many healthy community banks in the region,” he told BusinessWest. “It’s competition for us, with literally a branch on every corner. But if I’m a local customer, and I think of the dollars contributed, the volunteerism … that’s something irreplaceable, it really is.”

For example, the bank recently donated money to both Baystate Franklin Medical Center in Greenfield and Cooley Dickinson Hospital in Northampton, gifts that, Tucker noted, aren’t totally altruistic, in the sense that healthy individuals comprise healthy, vibrant, attractive communities. “We want people to buy homes here, start businesses, send their kids to school — all the things that make a community a community.”

Sounding Board

As Greenfield Cooperative Bank seeks to grow in its expanded footprint, Tucker continues to seek input from customers on how to improve their experience.

“My door is open, unless I’m in a meeting, and customers come in all day and make comments, good and bad, but mostly good,” he said, adding that he regularly visits each branch to chat with staff and customers. “If this was Bank of America, it would be physically impossible for the CEO to do that.”

He recognizes that not every interaction with a bank is positive — the rare foreclosure being one example. “But we don’t want to own homes; we want to keep people in their homes. We help finance homes, finance businesses, help pay for college or a new car or home improvements, help people plan for retirement or plan for their kids’ college — all pretty fun things.

“We get to interact with people on a lot of positive things,” Tucker concluded. “That’s part of the reason I fell in love with the industry. I didn’t think I’d like it as much as I do.”

Joseph Bednar can be reached at [email protected]

How Matters Affect the Bottom Line in Divorce Tax Planning

By
Banking and Financial Services Sections

Breaking News

By TOM CROGAN

Divorce patterns have changed considerably in recent years. A recent New York Times article stated that the divorce rate is no longer rising. That trend, the report noted, is the result of people getting married later in life and also the feminist movement; as women entered the workforce, marriage began to evolve into its “modern-day form based on love and shared passions, and often two incomes and shared housekeeping duties.”

If you’re going through a divorce, though, the last thing on your mind is how the divorce will impact your next tax return. This article focuses on the income-tax issues of alimony, child support, and property settlements in most largely unplanned divorces.

Alimony (IRC Section 71)

Alimony is a payment to or for a spouse or former spouse under a divorce or separation instrument. It does not include voluntary payments that are not made under a divorce or separation agreement.

Alimony is deductible by the payer and included in the income of the recipient. IRC Section 71 defines alimony as the transfer of cash made under a divorce or separation instrument. The payments must meet the following criteria:

• The payments must be in cash and must be received pursuant to a divorce or written separation instrument;
• The spouses must reside in separate households;
• The payer’s liability must not continue after the payee’s death;
• The payer and payee must file separate tax returns;
• The divorce or separation instrument must not designate non-alimony treatment; and
• The divorce or separation instrument does not indicate that such payment is not includable in the recipient’s income and not deductible by the payer.

Not all payments under a divorce or separation agreement are alimony. Alimony does not include child support, non-cash property settlements, or payments to keep up the payer’s property.

Child Support

Generally, a payment is for child support when a divorce decree specifically designates all or part of a payment as being for child support. Child-support payments are not deductible by the payer and are not taxable to the recipient.

A payment will be treated specifically designated as child support to the extent the payment is reduced either on the happening of a contingency relating to your child, such as the attainment of a certain age, marriage of the child, death, leaving school, or becoming employed.

A related issue to child support is deciding which parent receives the dependency exemption for the child. Assuming all of the dependency exemption requirements are met, the parents can decide for themselves. Often the divorce decree will dictate which parent takes the dependency deduction.

Property Distributions (IRC Sec 1041)

For divorcing couples, the distribution of property is often the most important aspect in a divorce. This is especially difficult if there are significant assets such as houses, retirement plans, a closely held business, or rental property. You need to understand which assets will fit your financial goals best.

You also need to understand the liquidity of the asset, cost basis, and income-tax implications associated with the sale of the asset.

IRC Section 1041 provides favorable treatment to divorcing spouses when it comes to distributing property. Under Sec. 1041, property transferred between divorcing spouses is generally treated as a gift. Cost basis and holding period carry over, and the transfer most often avoids treatment as a taxable event.

Other Tax-planning Opportunities

Dependents: You can continue to claim your child as your dependent if the divorce decree names you as the custodial parent. If the divorce decree is silent on the fact, the parent whom the child lived with for a longer period of time during the year can claim the child as a dependent.

It’s still possible for the non-custodial parent to claim the dependency exemption if the custodial parent signs a waiver not to claim the child as a dependent for that particular year.

The parent who claimed the child as the dependent is the one who is entitled to claim the child tax credit, American Opportunity credit, or Lifetime Learning credit. If you can’t claim the dependency exemption, you can’t claim the credits even if you paid the college expenses.

You can claim the child-care credit for work-related expenses you incur for the care of your child, under age 13, if you have custody, even if your ex-spouse claims the child as a dependent.

Retirement Accounts: If you cash out a 401(k) account to give the money to your spouse, the amount is taxable to you as a distribution. You can avoid this trap by having the transfer treated under a qualified domestic relations order (QDRO). This allows you to give the money to your spouse and relieves you of the tax burden of having it treated as a taxable distribution. QDROs are very complex, and great care and consideration should be given to any QDRO created in a divorce.

An IRA that is transferred is treated differently. As long as the transfer is spelled out in the divorce settlement, the transfer is not treated as a taxable distribution. Instead it is treated as a rollover and not subject to the 10% penalty.

Home Sales: In general, the tax law allows a $250,000 capital-gain exclusion if you are single or married filing separately, and a $500,000 exclusion if you are married and owned the home and lived there for two of the past five years and the home is your primary residence.

For sales after the divorce, if the two-year and five-year ownership and use test is met, you are limited to the $250,000 capital-gain exclusion.


Tom Crogan is a manager at South Hadley-based Pieciak & Company, P.C. and has been involved in performing business valuations, litigation support, and consulting with small business to help them solve their tax and accounting issues.

The Fantasy-sports Industry Continues to Surge

By
SportsLeisure 0915a feature
Sections Sports & Leisure

A Nation of GMs

fantasySportsDPart

Fantasy sports — born decades ago as a niche pastime for baseball überfans who tracked statistics by hand with calculators — has since exploded into an instant-data industry that claims more than 56 million participants. Most of those drafted their football teams last week in anticipation of the season, while others will put up money to redraft each week on sites like FanDuel and DraftKings. One thing is for sure: whether for fun or profit, the fantasy world has changed the way people watch sports — and the leagues, networks, and advertisers couldn’t be happier.

Before Mark McDonald jumped into fantasy football, he’d watch the Patriots on Sunday, and not much else. But now?

“It has dramatically changed my viewing habits,” said McDonald, a professor of Sport Management at UMass Amherst. “Games between horrible teams, games that once meant nothing to me, now I want to watch to see how my fantasy team is doing. I like that sense of control — I’m the general manager, controlling my own team, and watching other players to see who I might pick up. It changes your view of football. Even Thursday nights are must-watch.”

McDonald started playing GM four years ago when fellow faculty members at the Isenberg School of Management invited him into their league. He’s been hooked ever since, and was preparing for drafts in two different leagues the week he spoke with BusinessWest.

He’s not alone. The number of people participating in fantasy sports — football, baseball, basketball, hockey, even golf and auto racing — is expected to reach 56.8 million this year, a staggering increase of 37% from 2013, according to the Fantasy Sports Trade Assoc. (FSTA).

The vast majority play in season-long leagues, going head to head with a different team’s owner each week. But, increasingly, ‘daily’ fantasy sports, played for real money — FanDuel and DraftKings are the two giants of this industry — are becoming more popular. At the end of 2014, the two online services posted a combined $920 million in entry fees from 1.3 million paying users — numbers this year’s participation is expected to far surpass.

“It gives fans another connection point,” said Janet Fink, another UMass professor and chair of the Department of Sport Management. “Fantasy football is much more widely popular than any other fantasy sport, but they’re all growing. And now you have these day-to-day, week-to-week leagues getting more popular as well.”

Indeed, fantasy sports has come a long way from its 1970s origins, when hardcore baseball players played something called Rotisserie, drafting players at the start of the season, then tracking their statistics, by hand and with calculators, and translating those stats into a scoring system. Today, the data is instantaneous, meaning owners can sit on the couch with a smartphone and watch the points roll in.

And, by the tens of millions, that’s exactly what they do.

Fan Fare

Andrew Zimbalist, a professor of Economics at Smith College and one of the world’s foremost sports economists, has observed the impact of fantasy sports on American life, which goes well beyond that annoying guy in the lunchroom on Tuesday complaining about losing by a point because Julio Jones dropped an easy touchdown Monday night.

“It’s something that increases the avidity of fandom and, in some cases, extends fandom,” he explained. “People who are involved in fantasy sports are paying much more attention to the game. They subscribe to more online services and satellite services.

“The other effect they have, to some degree — and it differs by sport — is more generalized fandom,” he went on. “If I’m a Red Sox fan living in Massachusetts, without the fantasy-sports component, I’m following the 25 people on the active Red Sox roster. But if I have Mike Trout in my fantasy-baseball league, if I’ve got Joe Mauer on my team, I’m not only into the Red Sox games, but Angels games and Twins games, etc.”

That sort of changed behavior is something sought after and prized by professional sports leagues, Zimbalist added.

“Football, for a variety of reasons, has long been a national sport; even though fans have a team they follow and support, true football fans will watch two games, and might stay around for Sunday evening,” he explained. “But in the other leagues, like baseball — say you’re a Padres fan living in San Diego. You’re going to watch the Padres games; you’re not going to watch the Giants or Diamondbacks. But some of the fandom becomes nationalized when you have fantasy sports leagues. That is a very valuable component — and it’s a growing fandom.”

No wonder, then, that ESPN hosts the most popular fantasy platform (Yahoo! is the second-largest), while DraftKings recently secured $300 million in funding from Fox Sports, Major League Baseball, the National Hockey League, and Major League Soccer. In return, the company plans to give away $1 billion in prizes this year, more than triple the $300 million it awarded in 2014.

Meanwhile, the larger play-for-cash entity, FanDuel, which pays out more than $10 million in prizes every week, recently raised $275 million from investors, including affiliates of Google, Comcast, and Time Warner.

Janet Fink

Janet Fink

“Research has been done asking whether, if people got too much into fantasy sports, it might decrease their interest in their own team,” Fink said. “In fact, they found quite the opposite. People around here still root for the Patriots, but they flip to the Red Zone to check out their fantasy team. That way, the viewership of games league-wide increases. There’s extra incentive to watch the Chargers versus the Raiders when you wouldn’t do that normally.”

McDonald is familiar with DirecTV’s Red Zone channel, which jumps, all Sunday long, between teams on the cusp of scoring — a fantasy maven’s dream. He noted that his league’s owners get together twice a year for Sunday viewing parties, but they don’t watch the Patriots; they watch Red Zone. “One aspect to fantasy that’s a bit negative is how it impacts viewing your favorite team.”

Fink has read studies showing that, while some fantasy hobbyists remain more interested in their home-state team, others come to identify more with their fantasy players and seek them out on TV instead. “But in most cases,” she added, “it’s probably a very complementary relationship.”

Speaking of relationships, McDonald believes fantasy football has strengthened connections between the people he works with at Isenberg.

Mark McDonald

Mark McDonald

“As with any business school, we have a bunch of different departments — accounting, finance, management, marketing … seven or eight in all. There are faculty members I might not otherwise interact with, and now, if I run into the owner I’m playing against that week, we’ll get some friendly trash talking going on in the hallway. You get to know each other. We find ways to get together now.”

Real Money

Advertisers covet the fantasy-sports market, according to the FSTA, which reports that team owners are mostly college-educated with an average household income topping $75,000. At last measure, 66% of participants were male, and 34% female, but those figures have been steadily moving toward each other in recent years.

However, the daily and weekly games at FanDuel and DraftKings remain almost exclusively the domain of men. Meanwhile, a survey of more than 1,400 players by Eilers Research found that more than 40% of these players have reduced the amount of time they devoted to traditional fantasy leagues.

“Everyone I know is pretty much in it for season-long fun, low-stakes games. But I am concerned that our students are increasingly drawn to that world,” McDonald said of the high-risk sites, saying they’re occupying a role that online poker recently dominated.

But — because of the obvious risk involved — is it legal? The Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, intended to regulate the financial institutions that act as the monetary link between gamblers and Internet casinos, seems to say yes.

While some states — Arizona, Iowa, Louisiana, Maryland, Montana, and Vermont — have enacted their own laws muddying the waters around this issue, the vast majority of states, including Massachusetts, have not.

That leaves the UIGEA as the go-to authority, and the federal law specifically does not regulate games in which “all winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes, in the case of sports events) in multiple real-world sporting or other events.”

In other words, in the eyes of the law, fantasy sports are considered games of skill, not luck.

McDonald, again noting the excitement of a weekly draft, worries about their appeal and the potential for addiction and financial trouble, no matter how shrilly FanDuel and DraftKings shout about millions in winnings on their ubiquitous radio ads.

“It’s so exciting to redraft and select your team every week,” he told BusinessWest. “They may think the way we old guys play is slow and boring. If you have injuries early in the season, it can kill you. But with the weekly games at DraftKings and FanDuel, you get away from that, and every week is a new opportunity to make choices.

“But,” he went on, “people do put a lot of money at risk, and I think it’s addicting. It’s like crack to fantasy sports players. It’s a weekly high, and in a sport like baseball, it could be a daily high.”

For now, McDonald considers himself firmly in the camp of more than 55 million people who have become amateur GMs not for big payouts, but for the fun, the challenge, and the camaraderie.

“It’s a social thing that enhances the viewing experience,” he said. “For me, personally, putting money at risk would take some of the fun out of it; I think it would be very stressful.”

After all, trash talk is stressful enough.


Joseph Bednar can be reached at [email protected]

Dementia Creates Special Estate-planning Considerations

By
Business of Aging Sections

Dementia and Will Contests

By TALIA K. LANDRY, Esq.

Talia K. Landry

Talia K. Landry

Most people have had some experience with a family member or friend who suffers from dementia. The term is used broadly to include a wide array of symptoms relating to decline in mental abilities. This often includes deterioration of both short- and long-term memory, along with lessening of cognitive and language skills, reasoning, and judgment.

Dementia can cause extreme stress and frustration not only for the individual affected, but for family, friends, and caretakers as well. Individuals experiencing dementia must often rely heavily on others for tasks they once accomplished independently. Some may even have difficulty communicating their needs and wishes. While the onset of dementia raises many questions related to daily life, it also raises special concerns in the context of estate planning.

It is important to note that, even when experiencing dementia, individuals are still capable of making many of their own financial and estate-planning decisions. The law presumes that we are competent unless a court declares otherwise. The law also recognizes that even individuals with severe dementia can have moments of clarity and lucidity sufficient to make decisions regarding their own affairs.

It is imperative, however, to use extreme caution when a person with dementia embarks upon the process of making or changing their end-of-life plans. In some cases, a dementia diagnosis received prior to executing documents can open the door for challenges down the road.

Consider the following example. Your mother is diagnosed with mild dementia — a diagnosis that appears in her medical records and history. She lives alone, and while she experiences some limited physical and mental decline that affects almost all seniors, she is still fiercely independent, albeit forgetful. Several years, grandchildren, and many happy memories later, she decides that she wants to update her last will and testament, which has not been addressed since her husband’s passing over a decade ago.

Your mother contacts her lawyer and has a new will prepared — one significantly different from the prior document. She leaves her house to your brother, who has helped maintain her home and yard over the years. She leaves you a sum of money equal in value to the house. She makes a decision not to leave anything for your estranged sister, who has not been in contact with her for many years. After your mother’s death, your sister becomes aware she will not inherit, and she decides to challenge the validity of your mother’s will. Although you feel sure that your mother was competent and lucid when she signed her will, the years-old diagnosis of mild dementia has the potential to undo her planning.

Click HERE to download a PDF list of area Senior-living Options

Specifically, the law allows will challenges based on lack of capacity, undue influence, and fraud. If enough uncertainty can be shown, a court may decide that an individual suffering from dementia was not competent to understand what she was signing, or was pressured or tricked into signing it. These challenges can often turn into heartbreaking and protracted legal battles between family members, involving tremendous amounts of time, energy, money, and emotion for all involved.

No one likes to think about their family fighting after their passing, especially over money or personal items. Unfortunately, the courts manage this type of case all too frequently. Many families do not believe a legal battle will ever affect them, but sometimes even the best situations can turn sour. This possibility should be considered in many cases, especially when distribution may not be equal. Many potential heirs may feel that unequal bequests are unfair, and therefore ripe for challenges.

In order to pre-empt or refute possible future challenges, there are several precautions available when an individual with dementia seeks to complete an estate plan. First, it is important to hire an attorney. Forms available online are not ‘one size fits all’ as they often claim, and do not come with the benefit of advice tailored to your unique needs. Not only will an attorney be able to provide specific advice in accordance with the law, but the attorney can also serve as a witness attesting to the individual’s competency and the reasons why there may be a deviation from a previous estate plan.

Second, no one should be present in the room when the individual is discussing their affairs or wishes with their attorney, other than unrelated witnesses and a notary at the time of signing. This protects the proposed heirs and makes it more difficult to challenge a plan on the grounds of undue influence. Third, when capacity may be an issue, it is a good idea to have witnesses prepare written statements the same day, explaining the circumstances and what they observed. Fourth, with permission of course, it may be a good idea to record the meeting, so there is some clear evidence of the elder’s competency and ability to express her wishes at the time of the meeting.

Finally, it is important to keep records, including recent medical records, so there is some written or documentary evidence, should an issue ever arise in the future.

While we can never completely anticipate what will happen after death, taking some of these simple precautions can serve as formidable defense against later challenges, and may help in honoring a loved one’s final wishes.


Attorney Talia K. Landry is an associate attorney with Bacon Wilson, P.C. and is a member of the firm’s litigation department. She assists clients in all areas of litigation, with a specialized focus in probate litigation, including will contests, and other estate disputes; (413) 781-0560; [email protected]

Court Dockets September 7, 2015

By
Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN SUPERIOR COURT

eRPortal Software Group v. Sunesys, LLC
Allegation: Non-payment of services rendered: $156,947.64
Filed: 7/21/15

Nicholas Czeremcha v. M-1 Corp. and Ryan Alvarado
Allegation: Employment discrimination: $25,000+
Filed: 6/19/15

Rosa Ferrentino v. Preferred Mutual Insurance Co.
Allegation: Breach of contract: $25,000+
Filed: 6/25/15

Ryder Transportation v. NIL Transportation Inc.
Allegation: Breach of written contract for leased vehicles: $36,269.16
Filed: 7/30/15

Seedway, LLC v. J. Calabrese Farms, LLC
Allegation: Non-payment of goods sold and delivered $61,241.62
Filed: 7/22/15

HAMPSHIRE SUPERIOR COURT

CBR Realty Corp. v. LA Comb Holdings, LLC
Allegation: Breach of contract and unjust enrichment: $67,638
Filed: 7/21/15

Delta Sand and Gravel Inc. v. Jay-Mor Enterprises Inc. and Westchester Fire Insurance Co.
Allegation: Non-payment of materials sold and delivered: $5,297.17
Filed: 7/10/15

Suzanne Bowes v. Noble Hospital
Allegation: Medical malpractice: $25,000+
Filed: 7/1/15

NORTHAMPTON DISTRICT COURT

Shea Tree Service Inc. v. Split Excavating Inc.
Allegation: Outstanding balance on invoices due: $5,555.40
Filed: 8/10/15

PALMER DISTRICT COURT

J.D. Contracting Inc. v. Orlando Annulli & Son Inc.
Allegation: Breach of contract for excavation work, site work, and utility work for Webster Police Station and failure to pay on balance of contract: $2,922.00
Filed: 7/30/15

SPRINGFIELD DISTRICT COURT

A & G Inc. v. Jim Doyle Heating
Allegation: Failure to pay for heating and air-conditioning equipment received: $15,692.79
Filed: 7/16/15

O’Reilly, Talbot, and Okun Associates v. Tyree Corp.
Allegation: Non-payment of services rendered: $18,300.31
Filed: 7/16/15

Fourteen Bulkley Richardson Attorneys Chosen as Best Lawyers

By
Daily News

SPRINGFIELD — Fourteen lawyers from Bulkley Richardson were recently selected by their peers for inclusion in The Best Lawyers in America 2015. Bulkley Richardson had the most honorees of any law firm in Springfield, with 12 of its 14 selected lawyers based in its Springfield office.

Three of the firm’s honorees were also named Springfield Lawyer of the Year in specific practice areas:

• Michael Burke was named Lawyer of the Year in Springfield for personal-injury litigation (defendants);

• David Parke was named Lawyer of the Year in Springfield for corporate law; and

• John Pucci was named Lawyer of the Year in Springfield for criminal defense (non-white-collar). Pucci was also recognized by Best Lawyers in the area of criminal defense (white-collar).

Attorneys from all of Bulkley Richardson’s offices were represented in the selection for Best Lawyers 2015, including the following nine based in 
Springfield:

• Peter Barry, construction law;

• Mark Cress, bankruptcy and creditor-debtor rights, insolvency and reorganization law, and corporate law;

• Francis Dibble Jr., bet-the-company litigation, commercial litigation, and litigation 
(anti-trust, labor and employment, securities);

• Daniel Finnegan, administrative/regulatory law and litigation (construction);

• Robert Gelinas, personal-injury litigation (defendants);

• Kevin Maynard, commercial litigation, litigation (banking and finance, construction);

• Melinda Phelps, medical-malpractice law (defendants), personal-injury litigation 
(defendants);

• Ellen Randle, family law; and

• Ronald Weiss, corporate law, mergers-and-acquisitions law; tax law.

Who Should Be Your Executor?

By
Estate Planning Sections

Put Time and Thought into Answering This Critical Question

Dawn Badorini

Dawn Badorini


Dealing with end-of-life issues can be overwhelming. One of the most important decisions you will make is deciding who should be your executor.

An executor is someone named in your will who will be responsible for handling all the paperwork after your death and the distribution of your assets. This can include collecting assets of the estate, protecting and maintaining estate property, paying bills, paying taxes, making court appearances, and, if necessary, liquidating assets to have enough cash to pay creditors, taxes and/or beneficiaries. An executor is responsible for distributing assets that don’t have a stated beneficiary, are not in joint name, or titled in the name of a revocable trust. If an executor is not named in your will, the court will appoint one. 

You can choose an unpaid or paid executor. You may also choose to have co-executors. The key qualities an executor needs are honesty, organization, communication, and financial responsibility; the distribution of the estate can become a mess if handled by someone who lacks these qualities. 

The law sometimes restricts the powers of an executor, and for this reason, it’s often a good idea to specify in your will that your executor will have certain powers beyond those normally granted by state law. This may be especially important if you choose a family member or friend as your executor.

Powers that you grant in your will may include the right to hire professional help (attorneys or a CPA, for example); power to continue running your business; power to mortgage, lease, buy, and sell real estate; power to borrow money; and power to take advantage of tax savings.

The most common unpaid executors are spouses, siblings, and children. Think carefully before choosing your husband, wife, or partner as an executor; they may be too overwhelmed by grief to deal with everything. A grown child who lives nearby could serve as co-executor to help the surviving spouse.

It is also important to consider the executor’s location. Things such as court appearances and checking property can be more difficult if the executor does not live near where the majority of the assets are located. You should also take into account the person’s age, health and likelihood of being willing and able to administer your estate. 

Family dynamics are extremely important when choosing your executor. Who you choose can lead to family squabbles and contesting of the will. Whether intended or not, people sometimes read into your decisions and assume you are making judgments regarding their worthiness or based on favoritism. Instead of focusing on being fair to your children, aim to prevent family conflict. Family fights will cause more friction in the family, deplete the estate’s assets, and take a lot of time. If you have several beneficiaries who don’t get along, you may want to appoint an outside executor who is independent and has no potential conflict of interest.

For larger estates, it is often advisable to use an independent executor. A complicated estate may require an institutional executor, such as a bank trust department that can call on the advice of lawyers, tax experts, accountants, investment counselors, and business administrators. You may also consider choosing an attorney if you believe the estate will require considerable legal work.

Although heirs may not appreciate paying fees to an executor, in certain cases it is best to leave the fiduciary responsibility to an institution. This shifts stress and liability away from a family member. A corporate trustee may also be a smart choice for blended families. With a second marriage, it may be preferred to have a neutral executor.

Another option is to appoint co-executors. You could choose a personal friend or family member and someone with more expertise, such as a trusted business partner. Oftentimes, people appoint all of their children as co-executors. Assuming the children all have a good relationship, this may prevent some family dissension.

For smaller estates and where there is little possibility of a contest, the fees that lawyers and other paid executors charge make it too expensive to hire outside executors, so many people choose a friend or family member who will waive or refuse the executor’s fee. This person will be interested in making sure the process goes as quickly and smoothly as possible.

Massachusetts law provides only that the executor be reimbursed for reasonable out-of-pocket expenses and be compensated for their services as the court allows. In Massachusetts, there is no set amount or percentage of the estate’s assets for executor compensation. Ideally, the decedent’s will states exactly how much compensation the executor will receive. If it doesn’t and the beneficiaries and executor cannot agree, then the probate judge must decide what is reasonable.

It is important that you discuss being the executor with the person you wish to name in your will. Once you have made your choice, go over your will with that person and let him or her know where you keep all your important financial documents. Also, be aware that whomever you named as your executor may decline the responsibility when it is time. For this reason, it is important to name successor executors in your will, allow your executor to name a successor, or designate a corporate executor. 

It is a good idea to review your will and your choice of executor every few years and after major life changes. What seems like a good choice today may become an unwise choice tomorrow.


Dawn Badorini, CPA is a manager for the Holyoke-based public accounting firm Meyers Brothers Kalicka, P.C.; (413) 322-3477; [email protected]

Implementation of Sick-leave Law Frustrates Employers

By
Employment Sick 0815b
Employment Sections

Not Feeling Well

SickLeaveDPart

When Massachusetts voters approved a law mandating paid sick leave for a vast swath of workers, many employers worried about the expenses and legal issues the new law would raise. While the final version of the law, which went into effect on July 1, smoothed over some of those concerns, anxieties remain, over issues ranging from higher operating costs to strained employee relations to the potential for abuse.

As new laws go, this one is causing employers to feel … well, a little sick.

“I would say many are confused and anxious,” said Mark Adams, director of HR Services for the Employers Assoc. of the NorthEast (EANE), when asked about member reaction to Massachusetts’ earned-sick-leave law, which took effect on July 1.

“They’re frustrated as well, in the sense that many of our members who have been doing the right thing, that already have paid sick-leave benefits, have had to unwind many aspects of that to come into compliance with some of the finer points of the law. There are some components built in that have given employers pause.”

At its heart, the law requires businesses with 11 or more employees to offer 40 hours of paid sick time per year. Companies with fewer than 11 employees must still provide 40 hours of sick leave, but it can be unpaid.

“We’ve done a number of briefings to educate companies, and for a lot of them, especially for companies that operate in multiple states, this has been particularly challenging,” Adams said, noting that many businesses with existing sick-leave policies must revamp their payroll systems and handbooks — mid-year, no less — to comply with the new law.

“They’ve provided this benefit all along, with favorable feedback from employees, and it costs time and effort to retool to meet the requirements,” he went on. “Then, you look at things being put forward on the federal level that would apply to federal contractors, a potential executive order that might require federal contractors to pay sick leave. If that ever comes to fruition, it would make it even more complicated to try to comply with both federal and state law, and you’re creating this ever-evolving patchwork of regulations on a benefit that, for many companies, they apply across the board. It makes it harder for many businesses that have been trying to do the right thing all along.”

Attorney Susan Fentin, a partner with the Springfield-based employment-law firm Skoler, Abbott & Presser, P.C., agreed with that assessment.

Susan Fentin

Susan Fentin says employers worry about the potential of employees abusing the new law, especially because workers are protected from employer retaliation for asserting their right to paid sick time.

“Most of our clients offer some form of paid leave,” she told BusinessWest. “The problem with the sick-leave law is, it expands the types of issues that somebody can take leave for; you’re not only allowed to take leave because of your own illness, but because of the illness of a parent, spouse, or parent in law. You can also take leave for medical or dental appointments, and to travel to and from these appointments. That’s obviously a need for many employees, but it’s generally not permissible under most employee sick-leave policies.

“So it’s an added burden,” she went on. “Perhaps a justifiable one, given the demands of society; individuals do have family members who are ill and need medical attention. But it’s nonetheless a burden on the employer.”

Attorney Olga Serafimova, an associate with Royal LLP, said the Northampton-based employment-law firm was peppered with questions leading up to July 1, as many clients were scrambling to adjust their policies, but it has been “dead silence” since, as though employers are holding their breaths and hoping they’ve instituted the changes correctly.

“Really it was smaller businesses that didn’t have leave policies previously that were affected the most,” she said. “A lot of those businesses fluctuate between 10 and 11 employees or around that number. For them, it’s an added expense.”

The attorney general’s office, she noted, did address many employer concerns in its final regulations, tightening up rules concerning sick-time accrual, employee justification for time off, and other details. “Of course, many businesses still feel it’s way too broad, way too generous, and a financial burden. And for smaller employees, this will have more of an impact.”

Potential for Abuse

That issue of justification for time off — in other words, the doctor’s note — is one element of the law that has employers on edge, because of its potential to breed abuse. The draft regulations stated that employees are not required to produce proof of illness until the time off exceeds 24 hours.

“For a part-time employee, that could mean more than a week, depending on how long the shifts are,” Serafimova said. “In the final regulations, it was changed to 24 consecutive hours or three consecutive days, even for part-timers. That was something the attorney general’s office picked up on and adjusted.”

The three-day rule, however, promises to be irksome to many employers, Fentin said.

“Previously, if an employee had an unplanned absence, the employer might have said, ‘I need a doctor’s note for that.’ Now the employee isn’t required to get a doctor’s note until, at minimum, a three-day absence.

“We represent management, so we’re always a shade cynical,” she went on. “The potential for abuse is pretty high with this law, the way it’s been drafted. Some changes to the draft regulations made it a little more palatable. For instance, now, the minimum amount of time you can use is an hour, so you can’t walk in 15 minutes late and say, ‘I was sick.’

“Of course,” she noted, “you can walk in an hour late and say, ‘I was sick.’ The employer would just have to forgive that. Frankly, somebody could take every Friday afternoon off all summer long because of so-called ‘medical appointments.’”

Serafimova noted that some employers might opt to provide 40 hours of sick time right at the beginning of employment, instead of having it accrue gradually, so they don’t have to change their payroll systems. “But that goes to the question about abuse. Giving one week up front creates the possibility for people to use it up and move on to the next business.”

This is especially true for employers with seasonal or temporary employees, she added. “As much as it sounds like it would make things simpler, [front-loading sick time] wouldn’t be a benefit for many employers. It saves them some money in adjusting their payroll systems, but they may end up paying anyway to people who are only there for a short period of time and take their sick leave, then give their notice. The requirements are so broad, there’s little limitation on how you can use sick leave. Businesses have had to really think about what is the better option.”

Click HERE to download a PDF chart of the region’s Employment Agencies

On top of that, Adams said, the law might turn out to be an employee-relations minefield for businesses that had existing sick-leave policies in place.

“Many companies are dealing with employees who might have false expectations based on what they’ve heard in the media, who think they’re getting more benefits than they’re accustomed to, when really, that’s not the case,” he explained. “These companies have already been providing fair and competitive benefits, but now they’re dealing with angst from employees who aren’t getting anything additional — but, frankly, never asked for it.”

Serafimova agreed. “Some employers who had a paid-time-off policy in place opted to reduce it and make 40 hours of it sick leave,” she said. “So people who were previously offered three weeks vacation time, saw that changed to two weeks vacation and one week sick leave. Unfortunately, while that keeps the expenses of the employer the same, the perception in the workforce is that they lost a benefit, and that creates discontent and morale issues. A lot of businesses are struggling that that decision.”

It’s just one way, Adams said, that “a law aimed at a small segment of businesses has created burdens for a large number of them.”

Navigating a Minefield

A large number indeed, to hear Fentin tell it.

“The way this is written, it’s the most generous, but, from an employer perspective, the most draconian, most burdensome sick-leave law in any state in the country — including California, which says a lot.”

Where it becomes dangerous for employers and not simply burdensome is in the law’s anti-retaliation language, and the potential for lawsuits if an employer tries to infringe upon a worker’s leave rights — or even the perception of infringement.

“They said they would not come down on employers for a while, give everyone some time to work out the bugs,” she said, regarding communications from the attorney general’s office. “That was encouraging. How long that lasts, we don’t know. All it takes is a couple of employees filing complaints.”

Serafimova said her clients, too, are anxious to see how issues play out.

Olga Serafimova

Olga Serafimova says the attorney general’s final regulations addressed some initial concerns about the sick-leave law, but many businesses still find the measure burdensome.

“The final regulations say you can discipline an employee who commits fraud or abuse, that people cannot use sick leave as an excuse to come late to work. At the same time, the law says you can’t punish an employee for exercising sick leave. What is abuse to one side may be the exercise of their rights to another. To me, this sounds like future litigation waiting to happen.

“We’re going to wait and see how that plays out because, again, it is enforced by the Attorney General’s Office, and if there’s any basis [for a complaint], they will proceed to investigate. On one hand, that’s good for someone who’s fighting over their sick time at work. But, at the same time, it opens the proverbial floodgates for anyone who’s not happy with their employer for any reason.”

And while defending against a complaint could be expensive for an employer, it’a free for the employee, she added. “Ultimately, it falls on the employer to defend against a meritless claim, because there’s absolutely no barrier to filing a claim, not even a $5 filing fee.”

That’s why it’s important that human-resources staff train managers in how to handle leave requests in this new environment, Serafimova said.

“If I come up to the employer and say, ‘I’m not feeling well today. Can I go home?’ I have asked for job-protected sick leave,” she explained. “Now, if I am late three times in one week, or say, ‘I’m not feeling well, can I go home?’ an untrained manager might say, ‘oh, not again, I’m going to discipline you.’ But, with the job protection this law provides, you can’t do that anymore. If people aren’t properly trained, it could lead to trouble for the employer.”

Fentin has been sharing similar advice. “We like keeping clients out of trouble; that’s much easier than defending them when they get in trouble,” she told BusinessWest. “We want them to do the right thing. We’re all on the same page.”

Still, she added, “we’re really in the weeds here. This is going to be a problem for employers for a long time going forward. Although a lot of my clients have made changes, they’re waiting to see what happens.”

That’s true with EANE members as well, Adams said. “Eventually, it will become easier to manage, but until we get through this transition, we’re going to see considerable frustration and confusion for the foreseeable future as companies continue to come to grips with the law.”

Joseph Bednar can be reached at [email protected]

Stiff Penalties Await Violators of Retaliation Provisions of Wage Act

By
Employment Sections

Beware Section 150

By PETER VICKERY, Esq.

Peter Vickery

Peter Vickery

How much could an employer end up paying for violating the anti-retaliation provisions of the Wage Act? Much more than you might expect.

A recent case in Worcester Superior Court involved an employer that fired an employee over her request for unpaid wages in the amount $3,750. To come close to the damages the court awarded the employee, multiply that figure by 50.

The name of the case is Wessell v. Mink Brook Associates. The plaintiff, Mary Ellen Wessell, served as the business manager for a home-restoration company called Mink Brook, whose president is Robert Stone. Wessell’s annual salary was $50,000. In late 2011, Wessell told Stone she believed one of his employees was stealing from the company.

In January 2012, Stone (who seems not to have shared her suspicions) demoted Wessell and installed as business manager the very employee Wessell suspected of stealing. Two months later, Stone refused to issue Wessell her paycheck. When they met — in the presence of Wessell’s new superior, whom she had accused of stealing — Stone accused Wessell herself of stealing, and fired her. At that point, in March 2012, the amount due Wessell in wages and unused vacation time was $3,750.

A little over two years later, in January 2014, the trial judge told the jury, “if you find that Ms. Wessell was terminated unlawfully from making a complaint regarding the Wage Act, then she is entitled to damages of the amount she would have earned if she had not been wrongfully discharged from the date of her termination, forward to this date.” The final damage award, after factoring in the termination-to-trial period (and deducting the $54,000 Wessell had earned elsewhere after her firing from Mink Brook) and then trebling the figure: an eye-watering $187,111.38.

Affirming the decision, the Appeals Court held that “an employee terminated by an employer for asserting a wage right may recover damages stemming from the termination … [which] may include earnings from the date of termination up to trial.” So the employer is liable not only for what it should have paid prior to termination but also for everything the employee would have earned during the years between termination and trial, minus whatever the employee actually earned elsewhere in the meantime.

That could be a sizable sum. It certainly was in Wessell v. Mink Brook Associates.

In arriving at this decision to affirm the judgment, the Appeals Court interpreted three sections of the Wage Act: Sections 148A, 27C, and 150. Section 148A begins, “no employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter.” It goes on to provide that any employer that fires or otherwise discriminates against an employee who has sought his or her rights “shall be punished or shall be subject to a civil citation or order as provided in section 27C.”

According to the defense, this language should limit the range of penalties available against Mink Brook to the civil and criminal sanctions described in Section 27C, and rule out the possibility of an award for back pay. The court rejected this argument, pointing to Section 150, which reads, “an employee claiming to be aggrieved by a violation of sections … 148A … may … institute and prosecute … a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits … An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys’ fees.”

So, although Section 27C imposes certain penalties, those penalties are not — contrary to the defense’s contention — exclusive. They could only be exclusive if the Legislature had not enacted Section 150 as well. But the Legislature did enact Section 150, whose clear and unambiguous language enables an employee to obtain “treble damages … for any lost wages.” Does that term ‘lost wages’ include back pay? Yes, said the court.

In a nutshell, if an employee rightfully complains about owed wages, and the employer responds by firing her, the employer had better hope that the fired employee finds another (highly paid) job, and fast. Even better, at the risk of stating the obvious, employers should refrain from retaliating against employees to whom they owe wages.

Finally, it is worth noting that Section 150 also applies to the earned-sick-time law, which went into effect at the beginning of July (see related story, page 28). This means employers violating any aspect of the new law face the prospect of treble damages and attorneys’ fees. For example, the sick-time law does not allow employers to ask for a doctor’s note if an employee has been out ‘sick’ for less than 24 hours. Demanding a doctor’s note in those circumstances could amount to interfering with, retraining, or denying the exercise of that employee’s rights, as could using the absence as a ‘negative factor’ when conducting a performance evaluation or when considering promotion, discipline, or termination.

Certainly, the attorney general’s sick-time regulations permit employers to seek verification if they suspect abuse of the law in some situations. But those situations are quite narrow in scope. For example, if an employer has “reasonable suspicion” that an employee aged 17 or younger is misusing sick time, the employer can seek verification from a parent or guardian. And an employer may discipline an employee of any age who is “exhibiting a clear pattern of taking leave just before or after a weekend, vacation, or holiday.”

But if the party night of choice happens to become, say, Monday instead of Friday, Saturday, or Sunday (behavioral norms having been known to adapt to changes in a legal regime), may the employer take disciplinary action upon observing a clear pattern of calling in sick on Tuesday mornings? Not under the current regulations, and not without casting a wary glance over the shoulder at Section 150.

Peter Vickery, Esq. is an employment-law specialist based in Amherst; (413) 549-9933.

Major Changes to Overtime Compensation Rules Expected

By
Employment Sections

Raising the Stakes

By JOHN GANNON

John S. Gannon

John S. Gannon

The U.S. Department of Labor (DOL) recently proposed changes to the Fair Labor Standards Act (FLSA) that will impact payroll considerations for a majority of businesses across the country.

The changes will guarantee overtime pay for almost all employees making less than $50,440 per year in base rate pay, regardless of job duties or title. The changes are expected to take effect in early 2016.

FLSA Overtime Rules

Employees may be classified as exempt from the FLSA’s overtime compensation requirement — meaning they are not entitled to time-and-a-half when working more than 40 hours in a week — if they meet one of the FLSA’s exemptions.

The most commonly relied-upon exemptions are the ‘white collar’ exemptions, which apply to executive, administrative, professional, and outside sales employees. Exempt employees must meet the “primary duties” test for each exemption, and need to be paid at or above the minimum salary threshold, which is currently $23,660 per year ($455 per week).

There are narrow exceptions to the minimum salary threshold for certain professional employees and those working in outside sales. Other than those exceptions, employees who are paid less than the minimum salary threshold must be paid an overtime premium if they work more than 40 hours in a workweek. The FLSA also requires more rigorous record keeping when tracking the hours worked and compensation of non-exempt employees.

Minimum Salary Threshold Set to Double

Last month, the DOL released a proposed rule that would increase the annual minimum salary threshold to $50,440 ($970 per week) in 2016.

Businesses expected an increase in this salary threshold, although perhaps not to the $50,440 level. In March 2014, President Obama had directed the secretary of Labor to modernize the FLSA’s overtime rules for white-collar workers because those rules did not reflect the reality of the modern economy. According to the president, millions of Americans lack the protection of overtime compensation because of the outdated regulations.

The new minimum salary threshold represents the 40th percentile of weekly earnings for full-time salaried workers, according to data provided by the Bureau of Labor Statistics. In its proposed rule, the DOL explained that it has increased the salary level only seven times — in 1940, 1949, 1958, 1963, 1970, 1975, and 2004.

“The lapses between rulemakings have resulted in salary levels that are based on outdated salary data and thus ill-equipped to help employers assess which employees are unlikely to meet the duties tests for the exemptions,” according to the department.

The DOL estimates that almost 5 million workers will no longer qualify as exempt based on the new salary level. Notably, the DOL also proposes automatically updating to the minimum salary threshold annually so that it does not become outdated in a few years.

The DOL plans to publish a notice with the new salary level at least 60 days before the updated rates would become effective.

No Changes to Exempt Duties

The proposed rules do not alter any of the white-collar job duties, or otherwise change the exempt-duties tests. There was speculation that the duties tests would be modified to ensure that more managerial employees, in particular those who are ‘working supervisors,’ would be entitled to overtime. This did not happen; however, the DOL is soliciting questions from the public about how best to alter the duties tests.

Next Steps

Although these are only proposed changes, which must go through a public notice-and-comment rule-making process, we anticipate little if any changes to the new proposed minimum salary threshold. Those who are interested in submitting comments should visit www.regulations.gov and reference rule Identification Number 1235-AA11. The public has until Sept. 4 to comment.

Employers should start budgeting for these changes now. Some options include:

• Increasing base salaries to $50,440 for those employees who work any overtime, to preserve exempt status, with plans to increase incrementally every year. This is the easiest solution, but might not be in everyone’s 2016 budget;
• Keep salaries the same and start paying time and a half when employees making less than $50,440 work more than 40 hours a week. This is another quick fix, but could be problematic if you anticipate the employee will work a lot of overtime;
• Limit or eliminate overtime opportunities for employees earning less than $50,440. This option involves careful planning to be sure you have sufficient labor power to meet business demands. Employers who go this route may have to hire more workers; or
• Establish your employees’ current hourly rate, and reduce that rate in 2016, taking into consideration anticipated overtime costs. This option may net good results from a budgeting perspective, but will certainly impact employee morale.

If you need assistance planning for the FLSA overtime changes, contact employment counsel for guidance.

John S. Gannon is an associate with Skoler, Abbott &; Presser, P.C., and practices in the firm’s Springfield office. Since joining the firm in 2011, Gannon has defended employers against claims of discrimination, retaliation, harassment, wrongful-termination claims, as well as actions arising under the Family Medical Leave Act and wage-and-hour law. He also has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets; (413) 737-4753;[email protected]

Doing Business as Certificates

By
DBA Certificates Departments

The following Business Certificates and Trade Names were issued or renewed during the month of August 2015.

AGAWAM

Applebee’s Neighborhood Bar & Grill
441 East Main St.
Apple New England, LLC

Das Alarm Systems Inc.
845 Airport Park Road
Das Alarm Systems Inc.

Hank’s Auto Service
1110 Southampton Road
Henry Banach

CHICOPEE

Cash & Carry First Aid & Medical Supplies
6 Captain Mac St.
Michael Radomski

D’s Home & More
659 Prospect St.
William Oldershaw

His & Hers Styling Center
558 Grattan St.
Karen Champagne

J. Max Home Improvement
248 Szetela Dr.
John Makselon

Natch Cleaning
607 Front St.
Natalya Konovalova

New England Brownstone
22 Wells Ave.
Russell Greene

Notch Welding & Mechanical Construction, LLC
85 Lemay St.
Sharon Orr

Oriental Beauty Care
129 Church St.
Chunyi Kim

GREENFIELD

Greenfield Massage
281 Federal St.
Jennifer Schmidt

Hannon Made
481 Country Club Road
Joshua Hannon

The Greenfield Gallery & Fine Art Printing
231 Main St.
The Greenfield Gallery, LLC

HOLYOKE

Acola Language Services and Consulting
7 View St.
Elenas Fortier

Solar City
50 Holyoke St.
Lyndon Rile

Vapers Edge
241 Main St.
Anthony Caldalda

PALMER

Donna J. Mead Graphic Design
4041 Pleasant St.
Donna J. Mead

Village Barbershop
1223 Thorndike St.
Kathleen Cwiok

SPRINGFIELD

Lion Heart Enterprises
255 Bay St.
Michael A. Brawner

Marc Andrew Weiner Photography
1380 Main St.
Marc Weiner

Monardaz
53 Donbray Road
Mark A. Tetreault

Nick’s Home Improvement
173 Johnson St.
Nikolay V. Dipon

Ovalles Enterprises
1297 Worcester St.
Orlando Ovalles

Premier Express
43 Berard Circle
Pedro Rosado

Richer Heating & AC
40 Luden St.
Craig R. Richer

Salsa Restaurant
2595 Main St.
Jose A. Garces

TMR Mason Contractors
26 Oregon St.
Todd Reardon

The Law Offices of Timothy Macri
24 Herbert Ave.
Timothy Macri

U.N.I. Strategic Consulting
101 Mulberry St.
Patricia A. Truitt

Vapors Express
172 Main St.
Michael LaFountain

WEST SPRINGFIELD

CJC Events
158 Doty Circle
Jim Powers

Cosentini Landscaping
20 Sylvan St.
Adriano Cosentini

Essential Power Massachusetts
15 Agawam St.
Kim C. Mersili

Greenough Supply
54 Heywood Ave.
Greenough Packaging

Natural Nails
244 Memorial Ave.
Quan Le

On Time Decorative Concrete
312 Poplar Ave.
Daniel G. Moody

Partners Restaurant
240 Westfield St.
Mark A. Tansey

Quality Appraisal Company
73 Rogers Ave.
Donald C. Pinkerman

Russo Opticians Springfield, Mass.
1025 Westfield St.
Karen Drudi

Salon J, LLC
1027 Westfield St.
Jennifer Venn

West Side Motors
194 Baldwin St.
Glenn R. Demarko

Court Dockets

By
Court Dockets Departments

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

Can Capital Asset Servicing Inc. f/k/a New Logic Business Loans Inc. v. Jacinto-Blanco Munoz d/b/a Chintos Pizza Restaurant
Allegation: Breach of contract: $9,549.32
Filed: 6/4/2015

Jose Garcia v. Rodney O. Maye and Excellence Auto Exchange Inc.

Allegation: Vehicle sold without a valid title: $4,286.06
Filed: 6/16/15

GREENFIELD DISTRICT COURT

Jason M. Kicza d/b/a Northeast Treecare & Landscaping v. Split Excavating Inc.
Allegation: Non-payment for services rendered: $24,402.50
Filed: 5/22/15

HAMPDEN SUPERIOR COURT

Brett J. Vottero v. Garda CL New England Inc., Gary Holland, Michael Kelly, and Michael Zanatta
Allegation: Defendants wrongfully accused defendant of a crime: $790,000
Filed: 6/22/15

Common Capital Inc. v. CT-Family Care Services, LLC and Justinian Rweyemamil
Allegation: Default on payment of note: $86,190.50
Filed: 6/16/15

Richard Millitello and Santiago Alvarez v. JD Rivet & Co. Inc. and David King
Allegation: Workplace discrimination: $350,000+
Filed: 6/3/15

TD Bank v. Arcadia Glass Inc.
Allegation: Default on promissory note: $117,973.77
Filed: 6/17/15

SPRINGFIELD DISTRICT COURT

Christopher Canty v. James Fiore d/b/a One Stop Plaza & HTMD Inc.
Allegation: Negligent failure to provide adequate security: $24,353.17
Filed: 5/29/15

Western Mass Electric Co. v. County Waste & Recycling Services Inc., Verizon New England Inc., and Shaun L. Hurst
Allegation: CWRS truck, operated by Mr. Hurst, became entangled in low-hanging telephone wires, which brought down plaintiff’s electric poles: $5,611
Filed: 6/22/15

Understanding the Critical Science of Estate Planning

By
Cover estate 0815b
Cover Story Estate Planning Sections

Death and Taxes

Estate art

A great transfer of wealth is taking place across the nation as Baby Boomers begin inheriting the $12 trillion that will be left to them by Depression-era parents. These Boomers have also started to distribute their own assets, and over the next few decades more than $30 trillion will pass from one generation to the next. But making the decisions required to create an estate plan is difficult for members of the ‘me’ generation who want to enjoy life to the fullest and retain control over their money, and still leave their children with a considerable inheritance.

Gina Barry says the demand for estate plans is on the rise, and, as just one form of evidence, she noted that Bacon Wilson, P.C., the Springfield-based firm where she’s a partner, has had to add two paralegals and two new attorneys to its Elder Law and Estate Planning department in the last five years due to the influx of business.

Gina Barry

By Gina M. Barry, Esq.

“It’s not a crush, but demand has been gaining in intensity, and we are booked a month out,” said Barry, who concentrates her practice in elder law, estate planning, and residential real estate. “But we do make room for emergency cases, when someone is facing a nursing-home admission or receives a terminal diagnosis and wants to protect their assets from the cost of long-term care. It can be catastrophic, because a nursing home can cost $14,000 a month.”

Michael Simolo, a partner in estate planning and probate at Robinson Donovan, P.C. in Springfield, says his firm is also extremely busy. “We’ve added one associate and are thinking about adding more; our calendars are filled,” he told BusinessWest, noting that estate planning can be as simple as leaving everything to a spouse or involve creating a variety of trusts if there are complex issues such as a child with special needs or federal tax issues.

Elizabeth Sillen, a partner at Springfield-based Bulkley Richardson, LLP, agreed.

“There are many reasons why people come to us; some people are dealing with a parent’s estate and want to replicate what they did right or avoid what they did wrong, while others want to know when they should retire or collect Social Security,” said Sillen, who concentrates in estate planning, explaining that the estate-planning attorney’s role is to protect assets and does not involve financial planning.

Questions pertaining to the latter are typically answered by financial advisors, but timing is important because today’s retirees want to be active, travel, and take advantage of all the world has to offer. “We are the glue,” said certified financial planner Patricia Grenier, who co-founded BRP/Grenier Financial Services in Springfield. “Someone has to coordinate everything, and there are often big pieces missing when people go to estate planners.”

Attorney Michael Simolo

Attorney Michael Simolo says estate plans should be flexible and amended to reflect changes in one’s life.

The necessary information, which financial planners help clients determine, includes when a person will retire, the sum total of their assets, the way a pension will be handled, and when people will start collecting Social Security.

“There more than 8,000 strategies for couples to use when they collect Social Security, and many people don’t even know what their pension options are; these are bases that need to be covered before someone visits an attorney,” Grenier said. “When I meet with a client, we discuss their lifestyle, their income, where and how their money is invested, and their other assets. Health costs are a big issue, and so are family dynamics.

“I ask people how they plan to care for themselves, because there comes a point at which everyone needs help. A lot of decisions need to be made, and it’s a very emotional process, but our job is to make the meeting with the estate planner efficient and effective and coordinate what needs to happen,” she went on, noting that she has accompanied clients to an attorney’s office to do estate planning.

Simolo agrees that the decisions are difficult. “Estate planning is something people tend to put off. It’s not pleasant to think about, but you are not planning for yourself; you are planning for those you are leaving behind — and it’s not as painful of a process as people think,” he said. “Plus, putting off decisions doesn’t make it any less difficult, and planning gives you the option of extending a hand beyond the grave. If you have an estate plan, you can control your money to some extent after you die.”

One of the primary goals of a plan is to avoid probate. “However, probate is a lot easier than it used to be, and sometimes it’s easier to go through it than to retitle everything and put it in a trust,” said Simolo. “It depends on family dynamics, how much you own, and what you want to do.”

Limiting estate taxes is also critical: in Massachusetts, payment is due once an estate hits the $1 million mark, while the amount in Connecticut is $2 million. Federal taxes start at 40% if an estate totals $5.43 million or more, and although that seems like a lot, the number includes everything a person owns, including real estate, investments, bank accounts, and life insurance.

But experts agree that most people don’t reach that mark because the majority of Boomers have failed to save enough to retire in comfort.

“The biggest risk is that they will outlive their money, so it requires careful planning and strategizing,” Grenier said.

Individual Choices

Generations tend to differ in how they want to allocate their assets, said those we spoke with.

“Folks from the Depression era are not as inclined to gift as Boomers because they fear they won’t have enough to last throughout their lifetimes; they are much more frugal and want a sense of security and know that there is enough to take care of them until they die,” Barry said, explaining that strategies used in tax planning can require a loss of control of assets, which is frequently not palatable to Boomers.

“The majority want to leave money to their kids, but some would rather have their heirs pay taxes than lose control,” she went on, adding that the state tax on $2 million is about $89,200, which could be avoided entirely.

Siller agrees. “Some Boomers don’t care if their heirs will have to pay estate taxes because they have no appetite for complex plans. But there is definitely a generational difference. People from the Depression era tended to be thrifty, live moderately, and save money. Boomers may live moderately, they are a lot more consumer-oriented,” she explained, noting that there is a lot more to buy today, including devices such as cell phones and computers that are necessary to keep pace with technology.

Attorney Elizabeth Siller

Attorney Elizabeth Siller says children from a first marriage may feel resentful if a second spouse inherits everything, so it’s important to find ways to divide things in a way that doesn’t cause family problems.

The people Boomers delegate to be their healthcare proxy or to have power of attorney over their finances if they become incapacitated is another choice that demands careful consideration. “I have had clients say they want a daughter to take over their healthcare if they become incapacitated, but when I ask if she will be able to handle the decision to stop life support if it’s necessary, they realize they need to appoint someone else,” Barry noted. “And although people often think they will name their oldest child as power of attorney, they need to consider how honest and trustworthy they are and be sure they will never use their assets for their own benefit.”

Grenier agreed. “The person in that role has to be qualified to handle it. You want someone who has the time and ability to carry out your wishes.”

Long-term care also has to be considered. Although it’s prudent in some cases for the person to take out insurance, it doesn’t always make sense. And although estate plans can be altered if circumstances change, many people never update their plans. “They are lulled into a sense of security once a plan is created, but it’s imperative that they return to their attorney if they inherit a tremendous amount of wealth,” Barry said.

Siller concurred, and said estate planning involves many factors. “Estate planners provide people with options that are very concrete after they learn everything they need to know about their situation. But the process is complex and requires specificity,” she said, adding that considerations such as putting assets in a child’s name include whether he or she may get divorced, go bankrupt, or is in a high-risk profession and could be sued. Meanwhile, Boomers with grandchildren may want to set up college plans for them.

“If Boomers do some advance planning, they may be able to give their children all of the benefit of the income they inherit without imposing a tax burden on them,” Siller said. “But everyone’s situation is different, so we build a plan for each client that suits their needs. It’s a satisfying process.”

Complex Matters

The demand for business-transition planning is another area that is undergoing rapid growth.

“A lot of small-business owners want to retire, but it can be challenging. The business is often like their child, and it’s important to them that it continues to thrive,” said Siller. “And if one child is really interested in taking over, they need to navigate continuity along with fairness to other children, which can be tricky.

“It’s a whole world unto itself,” she went on, adding that, in some cases, life insurance is used as a way to equalize the value of the business, while in others where the building sits on land that is owned, the parcel is transferred to non-participating children, and the child who takes the helm of the business pays rent on the land to their siblings.

Barry says many factors enter into the equation, and it’s critical to know how much the business is worth on the open market.

“I can’t tell you how many business owners have never had their firm properly evaluated by an accountant,” she explained. “They think they know its value or what they could sell it for, but they have no idea of its actual value.”

That figure can be pivotal, said Simolo, who noted that a business may constitute the majority of the value of an estate.

“Succession planning for businesses poses a unique set of circumstances which are different for every family and every business. It’s a matter of fulfilling the intentions of the owner to the greatest extent possible, while protecting its future,” he told BusinessWest.

Another weighty consideration involves planning for children with special needs, and estate-planning attorneys say more clients are coming to the table with this challenge.

“Some children are receiving benefits or are incapable of managing their own funds,” Barry said. “There is a great increase in the number of people addressing these needs.”

Siller concurred, and said special consideration needs also to be made if children have addiction problems or are in relationships the parent is unhappy about.

Meanwhile, second marriages can be another tricky area to navigate.

“Kids from a first marriage often feel resentful if a second spouse inherits the bulk of the estate, so it’s important to find ways to keep the peace,” said Siller. “We try to have conversations and get the person to think about what they want to do before we come up with a plan.”

But leaving everything to a spouse, even in a first marriage, can be challenging if the deceased had always handled the finances.

“Sometimes we create a trust to ensure the remaining spouse will have plenty of money,” Siller said, adding that issues also arise if the spouse is not a citizen. “And if there is a second home, people worry about how their kids will share it. Sometimes a trust is put in place with a management structure that gives children the ability to buy out their siblings or sell the property, as there is often one primary user. Some parents endow a vacation home to preserve memories, but there are a lot of variables.”

Single people have their own dilemmas to contend with. “Their estate plans can be more complicated than a married couple’s,” Siller explained. “They need to think carefully about things because there are fewer tools available to them to reduce taxes.”

But even after all of these variables are accounted for, the work is not done.

“The drafting of documents is only half of the estate plan,” Simolo said. “The other half is making sure assets are properly structured so the plan works. Sometimes assets are made joint or taken out of joint ownership, and beneficiary designations must be properly named.”

Grenier concurred, noting that it’s not uncommon for people to fail to take the necessary steps to make the plan viable.

“Many never follow through with financial planners or investment advisors after their plans are set up; if a trust is created to protect assets, it has to be funded,” she said. “The accounts and real estate that will go into it have to be retitled, and beneficiaries have to be titled appropriately to match the plan. You can have the best attorney in the world, but if there is no follow-through, the plan won’t work.”

Attention to Detail

The bottom line is that estate planning and elder law is a complex manner, and although some people use the Internet to create what Barry calls “a will in a box,” such a strategy can lead to problems down the line.

“In most cases, there is an error because the person doesn’t understand the language or know what’s missing,” she said, adding that a simple estate plan, which typically costs less than $1,000, takes every facet of the individual’s situation into account and puts language in place to ensure their intentions will be carried out.

“Some people don’t think they have enough to warrant putting together a plan, but it’s never true,” she went on. “And it’s far better to plan your estate when you are not under pressure. Doing the work is much more enjoyable if you are not faced with a catastrophic event.”

Grenier concurs. “It is a daunting task that involves a lot of decisions,” she told BusinessWest. “But people need to make sure they have everything lined up, then finish the circle by following through and having things moved into trusts and taking care of other details.”

Whether they do or not, the transfer of wealth will continue, and future generations will bear the brunt — or reap the rewards — of what the people who go before them have left behind.

“If you don’t have a will,” Simolo said, “the state will create one for you — and it may not match your intentions.”

It’s Not Your Parents’ Social Security

By
Estate Planning Sections

Informed Decisions Are Critical When Claiming Benefits

By HYMAN G. DARLING, Esq.

Hyman G. Darling

Hyman G. Darling

Years ago, it was standard practice to claim Social Security benefits at age 65. Most people retired about that age, and Social Security was available to help with retirement, based on the amounts paid in over the course of an individual’s working life.

Now, it is a major financial decision as to when to claim your benefits, when to collect your benefits, and how to maximize income for both the claimant and the claimant’s spouse.

Initially, it should be noted that Social Security is essentially a pension to be received based on the amount of money and years worked by an individual. A person receives a monthly benefit for life and, usually, a survivor benefit for a spouse and sometimes for children who are either disabled or under the age of 18. Naturally, the longer a person lives, the longer payments will continue.

It is estimated that, if a person lives 10 years after initiating receipt of their Social Security benefits, they will get their money back. Those who live 20 years receive their money back plus interest. After 20 years, a person not only receives their payments into the system plus interest, but also receives money derived from others who have paid into the system.

Age 62 is the earliest the benefit may be started. For those born before 1954, full retirement age is 66. In order to determine the full retirement age for those born after 1954, add two months to age 66 for each year through 1959. For those born in 1960 or after, the full retirement age is 67.

For single people making this decision, some factors to contemplate include health, tax situation, and intentions for continuing work or to retire. In view of these factors, one may estimate what a monthly payment might be, and can make a more informed decision as to whether to take the benefit early or at full retirement age.

For the vast majority of Americans, once income begins, the amount is locked in and will not change, with the exception of cost-of-living increases. It is also important to consider that, if benefits are claimed earlier versus later, then the base amount is lower, and subsequent cost-of-living increases are based on that lower figure. Over the course of many years, this could make a significant difference. In 2014, the cost-of-living increase was 1.7%, and this year the increase is 1.5%.

To calculate early benefits, subtract approximately 8% (from what the full retirement-age benefit would have been) per year for each year prior to full retirement age. While it will take many years to make up the difference, it is important to consider what the overall benefit will be over the course of 10 to 20 years, and whether a person needs to rely upon Social Security as a main source of retirement income.

Naturally, health and financial status make a significant difference. For those in poor health, it may be better to claim the income early, so that benefits will be received for the longest possible period, albeit at a lower amount than if the income was delayed. Similarly, if a person really needs the money sooner, they should possibly claim it sooner, although they will take a discount on the amount. This penalty does last forever. In most cases, there are no benefits prior to age 62.

If a person is fortunate enough to have other sources of income, such as IRA benefits, a pension, or possibly other unearned income, the Social Security benefit may not be needed immediately. If in good health, delaying the income claim can ensure a significantly higher monthly benefit.

For those still working who also claim Social Security benefits prior to full retirement age, income is subject to the ‘earnings test.’ This formula reduces a person’s Social Security benefits by $1 for every $2 of earnings in excess of $15,720 (the amount for 2015). Once full retirement age is attained, then the benefit is recalculated to omit the months in which benefits were withheld.

The decision about when to start income becomes even more complex for married people. When a person claims income on their own record, this has an effect on the spouse. The spouse must be at least 62 in order to claim benefits. In most cases, if the older spouse decides to claim benefits at a later age, such as 70, then upon the death of the older spouse, the most the younger spouse can receive is 50% of this amount.

Of course, the younger spouse is also subject to his or her earnings test and the same penalties as the older spouse who is claiming the primary benefit. The numbers must be reviewed to determine what an older spouse’s earnings record is, with a decision as to when to claim his or her benefits, whether early or at full retirement age. The younger spouse, however, is not permitted to claim the spousal benefit and delay his or her own benefits.

One of the popular options is known as the ‘file-and-suspend’ method. In this situation, when the higher-earning spouse requests benefits at full retirement age, they can then request that the benefits be suspended. This means that the lower-earning spouse is able to claim benefits while the higher-earning spouse delays their benefit until age 70. This cannot be done until the higher-earning spouse reaches full retirement age.

In this situation, if the higher-earning spouse predeceases the lower-earning spouse, then the lower-earning spouse does inherit the age 70 claiming decision, thus providing a significantly larger benefit for the living spouse. Of course, age differences, health issues, and necessary income are all issues which should be reviewed before making these decisions.

Another strategy is to ‘gamble’ the decision. It would be nice to have the proverbial crystal ball and be able to know when each spouse will die because that would allow the optimum decision to be made in advance. Without knowing what will occur, however, an option would be to wait until both spouses reach 70 to claim their highest possible benefits. This will allow both to receive a larger amount, but the spouse with the lower earnings (likely the younger spouse) may take their amount earlier, thus allowing the higher-earning spouse to delay and postpone benefits until age 70. Again, this is a gamble, but it allows both spouses to maximize the amount so long as they live a longer period of time.

Another choice is to claim some income now, and claim more later. This is what is known as a ‘restricted claim,’ which means that a person who is claiming the spouse’s benefits postpones their own benefits until age 70. In order to take advantage of this option, one spouse must have filed for benefits, or filed and suspended.

In this situation, for instance, if a husband’s benefit at full retirement age is greater than his wife’s, and he is at least one month older than his wife, at age 66 the wife could file for benefits. Because she files and the husband has already attained full retirement age, he can also claim a portion of his wife’s benefit until he turns 70. At age 70, his check is increased to what his benefit would have been, plus an increase for waiting. It also provides him with a larger base for cost-of-living adjustments (the annual increase as determined by the Social Security Administration).

Some significant appeal in this case lies in the fact that, if the husband dies first, the wife inherits his age-70 claiming decision. In this situation, both spouses must have reached full retirement age to utilize this option, and it may be they cannot afford, or don’t want to, wait until both have reached the age of 66.

Divorce is another issue that can complicate Social Security calculations. If the marriage was longer than 10 years, the divorce occurred more than two years prior, and the spouses remain unmarried, then the lower-earning person is entitled to claim the benefits of the ex-spouse. If a person had multiple marriages in the past 10 years, then both ex-spouses may claim benefits without adversely affecting the benefits of the other.

When claiming in this situation, it is important that Social Security numbers for all individuals, including all former spouses, are utilized, so that the Social Security Administration can determine which person to claim as the highest wage earner. One should also bring a marriage certificate and divorce decree to the Social Security office when claiming for benefits of an ex-spouse.

An ironic provision in the law also provides that, if both ex-spouses never remarried, they can each claim spousal benefits while delaying their own benefits until age 70. Married spouses cannot do this, but unmarried former spouses have this opportunity. For instance, if a divorced couple determine that the husband’s benefit at age 62 would have been a lower amount, then his ex-spouse would receive only 82.5% of his benefit, whereas if he had waited until 70, his ex-spouse’s benefit would be approximately 132% of his original benefit. With multiple marriages, the decisions become more difficult, but provide additional opportunities to receive greater benefits.

Of course, when one spouse dies, a surviving spouse should check with Social Security to determine whether there are any benefits available for the survivor. It is sometimes possible to claim benefits sooner rather than later, as well as provide for minor or disabled children.

There are many planning opportunities for a person to claim the maximum benefits over life. All strategies and decisions should be considered prior to retirement, and if a person is considering electing to start benefits, they should check with the Social Security Administration several months before retirement age to determine options, so that they will have sufficient time to make intelligent decisions.

Each situation must be reviewed independently, and while the Social Security Administration does have a website that provides information and calculations (www.ssa.gov), it may be helpful in some cases to meet with a Social Security representative to ensure understanding of all options. There are private companies that provide independent evaluations (for a fee, of course), but the cost of such an advisor may be recouped in a short period of time if the advisor secures a greater financial benefit.

Between Medicare costs, prescription drugs, and housing expenses, a person’s Social Security may be their largest source of income. As stated earlier, life is a gamble. Even so, it is important to make intelligent decisions rather than merely accepting the amount that initially seems to be higher. Many benefit plans are irrevocable, so informed choices are critical when claiming Social Security benefits.


Attorney Hyman G. Darling is chair of the Estate Planning and Elder Law departments at Bacon Wilson, P.C. His areas of expertise include all areas of estate planning, probate, and elder law. He is a frequent lecturer on various estate-planning and elder-law topics; (413) 781-0560; [email protected]

Eight Shatz, Schwartz and Fentin Attorneys Listed in Best Lawyers

By
Daily News

SPRINGFIELD — Shatz, Schwartz and Fentin, P.C., serving Massachusetts, Connecticut, and New York, announced that eight attorneys were listed in The Best Lawyers in America 2016.

Since it was first published in 1983, Best Lawyers has become widely regarded as a guide to legal excellence. The program is based on an exhaustive peer-review survey. More than 79,000 attorneys have cast more than 6.2 million votes to date on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

The following attorneys were selected by their peers for inclusion in The Best Lawyers in America 2016:

• Shareholder Michele Feinstein, in the fields of elder law and trusts and estates;

• Shareholder Gary Fentin, in the fields of banking and finance law and commercial transactions/UCC law;

• Shareholder Carol Cioe Klyman, in the field of elder law;

• Managing Partner Timothy Mulhern, in the fields of corporate law and tax law;

• Shareholder Steven Schwartz, in the fields of business organizations (including LLCs and partnerships), closely held companies and family business law, and corporate law;

• Shareholder James Sheils, in the field of commercial transactions/UCC law;

• Shareholder Ann Weber, in the field of elder law; and

• Shareholder Steven Weiss, in the fields of bankruptcy and creditor/debtor rights/insolvency and reorganization law.