Understand The Prejudgment “Attachment” Quirk In Mass Law

Trials in Massachusetts can have a more immediate impact than in other states, allowing either party to freeze accounts and assets based on the mere likelihood of success,  and even a tenuous connection to the state can be enough to subject a party to the state’s jurisdiction.  In one case, just negotiating a contract over the phone was enough for a judge to hold a defendant subject to Massachusetts jurisdiction, though the contract was never consummated. Burns & Levinson attorney Shep Davidson recommends in-house counsel consider a Massachusetts forum selection clause be added to agreements.