Blog – Page 5 – Barison Law

14 4, 2016

Sealing Criminal Records (CORI) in Massachusetts

By Matthew Barison|2020-11-01T17:37:58+00:00April 14, 2016|Court System, Criminal Justice|

Nobody’s perfect; if you’ve been charged with a crime, the charge, regardless of the outcome of the case, is likely a part of your criminal record, known in Massachusetts as your CORI (criminal offender record information). Such information is routinely used by prospective employers and landlords; if you have a criminal record, you may be disqualified for jobs or housing, despite your credentials.

Thankfully, the Commonwealth of Massachusetts has made it easier for individuals to have their criminal records sealed. Before getting into an overview of the process of sealing one’s record, it’s important to make a few key distinctions. First, sealing is different from expungement; the latter, in effect an erasure of your record, is not available in Massachusetts. Instead, when [Read More…]

30 11, 2015

The Massachusetts Consumer Protection Act – 93A

By Matthew Barison|2020-11-01T17:37:58+00:00November 30, 2015|Consumer Protection|

Massachusetts state law provides strong protections for consumers who have been subject to unfair or deceptive commercial practices. The Consumer Protection Act, also referred to as “93A” for the chapter in which it appears in Massachusetts laws (see text here), authorizes both individuals and the Attorney General to bring claims against offending businesses. When bringing a claim as an individual, the process begins with a 93A demand letter which outlines the nature of the complaint to the offending party. There are some technical requirements to this letter, so it is best to consult with an attorney prior to sending one.

The opposing party has thirty days to address your claim; if they fail to do so, you [Read More…]

2 7, 2015

BP Oil Spill Settlement

By Matthew Barison|2020-11-01T17:37:58+00:00July 2, 2015|Environmental Law|

Today BP agreed to an $18.7B settlement agreement regarding its role in the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. The settlement effectively ends all federal and state claims against the oil giant. Here is a breakdown of that $18.7B figure:

$5.5B for violation of the Clean Water Act;
$7.3B for damage to natural resources;
$4.9B for state claims (LA, MS, AL, FLA);
$1.0B in claims by local governments.

This outcome is the largest environmental law settlement in US history.

Benefits of the settlement include an end to the various federal and state cases that have been ongoing for the past five years. Those affected now have greater certainty regarding compensation, and large costal restoration projects can be budgeted.

However, this settlement, like those in any [Read More…]

26 3, 2015

Personal Liberties & Ballot Initiatives: MA v. CA

By Matthew Barison|2020-11-01T17:37:58+00:00March 26, 2015|Constitutional Law, LGBT Rights|

In many states, including Massachusetts, residents can legislate directly through the ballot initiative process. Recently, such proposals have included: expanding bottle deposits, repealing the casino law, and mandating paid employee sick leave.

In MA, the process for bringing forth such petitions is detailed in Article 48 of the Massachusetts Constitution. First, the proposal must have the support of ten voters. Then, the Attorney General must review the proposal to make sure it does not touch upon “excluded matters,” which themselves are enumerated in the MA Constitution. For instance, ballot measures regarding religion, religious practices, or the appointment of judges are strictly prohibited.

The Massachusetts Constitution also prohibits ballot petitions that infringe on personal liberties. Such liberties [Read More…]

9 2, 2015

Crimes of Moral Turpitude, J-1 and J-2 Visas, and Deportation.

By Matthew Barison|2020-11-01T17:38:15+00:00February 9, 2015|Criminal Justice, Immigration Law|

In addition to snow, the Metro Boston area has a lot of other assets, such as the fact that we are home to many of America’s top educational institutions. Beyond the academy, we have robust aerospace, defense, robotics and biotechnology industries. Our unique education to employment pipeline fosters innovation and attracts talent worldwide.

Many of our foreign students, scholars and researchers are residing here under the State Department’s J-1 work-study visa program; in fact, there are over 5,000 foreign students and researchers currently in the Commonwealth, most in the Boston area. Many of these J-1 visa holders are here with their spouses and children, who themselves may be granted J-2 visas. J-2 visa holders are afforded the privilege to study [Read More…]