I hope this letter finds you and your family, friends and colleagues healthy and with renewed optimism for the future. It is hard to believe that just over a year has passed when the word and reality of Covid-19 entered all of our lives. While these were certainly unprecedented times, and continue to be for many, it was truly remarkable to see so many of our national and local divisions recede into the background while we were united against a common threat. A hopeful reminder of our common bond.
For those of us fortunate enough to be able to carry on working remotely from home, Covid was not a game-stopper but it was and will certainly continue to be a game changer. Fortunately, modern technology has made it possible to attend court hearings and conferences with clients, attorneys and colleagues. Indeed, judges and lawyers have commented that holding remote hearings, rather than traveling to courts, is much more efficient in terms of time and billing, as well as the obvious health benefits in avoiding group situations. I believe the effects of Covid will be felt in our lives in so many ways - some of them hopefully positive - long after this threat has passed.
Over the past several months, we have continued to work on a number of cases, one of which involves a Chinese company, several cases involving an individual living in Florida, as well as some divorce, discrimination and real estate matters. I reported on some aspects of these cases in my Fall, 2020 newsletter.
I am very pleased to report that we were able to effect a confirmation of the arbitration decision awarded to my Chinese client for nearly One and a Half Million Dollars, together with interest for the past several years. We obtained this confirmation in the Federal District Court in Massachusetts. We attended remote phone conferences with the Court for the various motions and issues that arose over the past year without counsel having to travel to the Federal Courthouse in Boston. We were able to make use of the electronic filing system at Federal Court and more recently in our Massachusetts State Courts, which helped result in a successful decision on behalf of our client.
In another matter, I advised a Massachusetts-based finance professional, who was faced with being let go as part of a large-scale reduction in force from a major investment banking firm due to economic matters beyond his control. He had been doing a great job for a decade, but his company was suffering financial reverses. I provided him with advice and counsel during the negotiations he had with his supervisor regarding the termination arrangements and severance benefits. Fortunately, he was allowed a very reasonable severance period and was able to obtain a new position with another firm before the severance period ran out. I advised him again regarding the terms of his new employment contract. This was all done smoothly without arguments or rancor from his previous employer. The final result is that the client now has a very good comparable position and was even awarded a substantial bonus by his former employer, although he was no longer working for it. This is extremely unusual, since companies tend to marshal their bonus money and direct those funds to the employees who continue to work there and whom the companies wish to encourage. I’m sure that this extraordinary action by my client’s former employer was attributable to the esteem in which my client and his years of loyal service were held, as well as the collaborative and non-confrontational nature of the severance discussions.
Lastly, we were faced this past year with a situation which has occurred elsewhere in the country, namely a new tenant deciding not to occupy a space it had agreed to rent before the Covid-19 crisis struck. We notified the landlord that the health crisis made it impossible for the tenant to proceed with the signed lease. We had pushback from the landlord, but in the end, it took no further action. As I say, similar situations have been reported in other jurisdictions, particularly with retail types of properties during a time when retail stores were ordered closed and could barely survive. The law, though slow to change, does accommodate and recognize changes in circumstances over the course of time, as so well described in the famous treatise by Supreme Court Justice Oliver Wendell Holmes, The Common Law. He wrote, “The life of the law has not been logic: it has been experience...” I believe this small case was an example of that change of view. Fortunately, we did not have to litigate the matter to a conclusion.
Years ago, I worked with the Swiss Government to establish its Consulate and technology innovation center, swissnex, in Cambridge. I am very pleased to announce that swissnex just celebrated its 20th anniversary. We send swissnex our heartfelt congratulations and would encourage anyone interested in learning more about their work to contact them directly.
As you know, I have represented many foreign companies, institutions and governments for many years. My work continues with clients located in other states of the U.S., as well as in other countries and continents. In this regard, I make use of the valuable resources of the consortium of fine law firms around the world who are members of ij International Jurists.
We continue to practice in a wide range of legal areas, including corporate, business and commercial law, trials and appeals, real estate issues, employment, discrimination, divorce and university law. If you have any questions about our areas of practice or about any legal matters where we can be of assistance to you or someone you know, both here and abroad, please do not hesitate to call on me.
I send my best wishes to you and your family and colleagues for continued good health and success during these challenging times. Stay safe and be well.