Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Jun
5
2013
Genie in a Bottle? Filling the Budget Gap by Expanding Massachusetts’s Bottle Redemption Law McDermott Will & Emery
Jun
10
2014
Does the Massachusetts Department of Revenue Still Believe SaaS is Subject to Sales Tax? McDermott Will & Emery
Jul
16
2014
Allied Domecq: Nexus-Combined Reporting McDermott Will & Emery
May
14
2015
A Year’s Review of Massachusetts Tax Cases McDermott Will & Emery
May
5
2016
Massachusetts’ First Really Good Amnesty Program since 2002 McDermott Will & Emery
Aug
13
2018
New Restrictions on Using Non-Competes in Massachusetts – What You Need to Know McDermott Will & Emery
Mar
11
2013
Cloud Computing: The Answer Is Still ‘No’ McDermott Will & Emery
Apr
22
2013
Private Equity Firms Achieve Only Partial Dismissal of “Buying Club” Antitrust Lawsuit McDermott Will & Emery
Dec
19
2014
Pennsylvania Unwraps Final Market-Sourcing Guidance McDermott Will & Emery
Jun
17
2013
Massachusetts Department of Energy Resources (DOER) Unveils Emergency Regulation to Address Oversupply of Solar Applications McDermott Will & Emery
May
26
2015
Massachusetts Department of Revenue (DOR) May Lose Staff This Summer McDermott Will & Emery
Feb
8
2016
Massachusetts Department of Revenue Introduces Pilot Voluntary Disclosure Program McDermott Will & Emery
Mar
11
2019
Still No Right to Jury Trial -- MIT 401(K) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims McDermott Will & Emery
May
25
2021
Massachusetts Supreme Judicial Court Approves Sales Tax Apportionment for Software McDermott Will & Emery
Aug
2
2012
New Flexibility for Pharmaceutical and Medical Device Companies in Massachusetts, but at a Price McDermott Will & Emery
Nov
27
2018
STAR Partnership and State Responses to GILTI McDermott Will & Emery
Apr
30
2020
Massachusetts Provides Flexibility For Ch. 180 Corporation Governance During COVID-19 McDermott Will & Emery
Mar
10
2023
Proposed Changes to Dsh Payment Calculation Regulations Could Impact 340B Hospitals McDermott Will & Emery
Apr
24
2016
Massachusetts Court Holds Department of Revenue’s Guidance to Be Unreasonable McDermott Will & Emery
Jun
28
2017
Massachusetts DOR Sending Letters to Sellers Regarding July 1 Effective Date of Economic Nexus Directive McDermott Will & Emery
Oct
24
2017
Massachusetts Court Upholds Record $2.6M Fine against Beer Distributor McDermott Will & Emery
Apr
22
2020
More Than $800M in Stabilization Funds for Massachusetts Medicaid Providers – Additional Details Released McDermott Will & Emery
Aug
4
2014
Massachusetts Early Mediation Program Changing the Tax Appeals Landscape McDermott Will & Emery
Feb
25
2015
States Respond to Recent Breaches with Encryption Legislation McDermott Will & Emery
Jun
29
2017
Massachusetts Department of Revenue Repeals Directive 17-1 McDermott Will & Emery
Nov
2
2020
The Jury Returns to D. Mass. McDermott Will & Emery
May
8
2013
Massachusetts Net Metering Projects Face Suboptimal Interconnection Designs McDermott Will & Emery
Mar
6
2014
Settlement on the Horizon in Massachusetts ZIP Code Litigation McDermott Will & Emery
Sep
22
2014
New “Job Creation Project” EDIP (Economic Development Incentive Program) Credits to Boost Tech Jobs in Massachusetts McDermott Will & Emery
Apr
21
2015
Massachusetts: Proposing to Repeal Tax Credits Might Have Chilling Effect McDermott Will & Emery
Sep
1
2023
CMS Announces New Voluntary Multi-payer Primary Care Model in Eight States McDermott Will & Emery
Jul
12
2011
eBay Standard Applies to Preliminary Injunctions in Trademark Cases McDermott Will & Emery
Jan
15
2015
In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part III McDermott Will & Emery
Mar
4
2015
Massachusetts Senate Explores "Nuclear Option" to Help Move Legislation McDermott Will & Emery
Aug
10
2017
As Federal Progress Stalls, State, Local and Private Initiatives March Towards Pay Equity McDermott Will & Emery
 

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