When I first began practicing law in 1974, I was asked to assist Edward O. Proctor, Sr. by completing a legal research project that was of interest to him. To a young lawyer, Mr. Proctor was an intimidating figure, a founder of Ely Bartlett Brown & Proctor, astute, polite but perfunctory with a junior. He was in his mid to late 80s and he came to the office every day. I completed my assigned memo and in my exuberance to be comprehensive, I photocopied two of the main cases discussed in the memo. “What are these?” Mr. Proctor murmured. “They are photocopies, sir.” “I do not accept photocopies. If you want me to read the cases, bring me the books.” Precision was a life long trait of this veteran and, after all, who could trust a copy machine!

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”) codifies the most extensive changes in bankruptcy law in almost 20 years. The Act, effective for cases filed on or after October 17, 2005, includes significant changes to the rights of landlords, mortgagees, and owners of commercial real estate.

While the scope of the damage and destruction at home and abroad from hurricanes, earthquakes and the Pacific tsunami has been dramatic and historic, local needs and charitable endeavors continue to deserve our attention. We are proud to represent clients who pursue charitable and civic endeavors every day, and we take this opportunity to recognize the importance of their efforts and some of the people close to home whose contributions to charitable organizations and community-based service agencies have made a real difference.

Winter storm season is here, and along with it school cancellations and employee “snow days.” In New England, many employers have adopted policies on tardiness and absenteeism as a result of inclement weather. In light of rulings issued by the Department of Labor on October 24 and October 28, 2005, employers should revisit their “snow day” practices as they apply to exempt employees. Failure to do so could result in the loss of “exempt” status for employees whose pay is docked for failing to report to work during weather emergencies. As a consequence, those employees would need to be paid overtime if they subsequently work more than 40 hours in a week.