BUSINESS AND ENTREPRENEURS

Legal Services for Business & Entrepreneurs

DEDICATED TO ADVANCING BUSINESS INTERESTS

The Jacobs Law, LLC focuses its business & corporate law practice on small and medium sized entities. From the types of legal services we offer, to the flexible billing structures we provide, our law firm is designed to meet the needs of our business and entrepreneur clients, and exceed their expectations. We understand that legal costs, and the inability to consistently estimate them, are the two major obstacles that business owners and entrepreneurs face in obtaining the legal services they want and need to start, maintain and/or expand their business enterprise or partner-up with another individual or entity. At The Jacobs Law, LLC, you can obtain quality legal services without overpaying for larger firms with enormous overhead. After all, we run a business here too, and we keep our costs down which keeps our fees low for you and your business.

Below is a list of some of the many Business Law related legal services The Jacobs Law, LLC provides. Please scroll down or select each topic below for more information.

Business Formation

Formally registering your new or existing business can be a difficult task, and may seem unnecessary. However, it provides significant benefits. One of the most important advantages is the elimination of personal liability. An attorney at The Jacobs Law, LLC will advise you on the choice of entity and draft all documents required for formal entity formation and registration with the Secretary of the Commonwealth.

Consultation on Entity Choice
Draft Required Filings for Formation
Register Business & Entity Name w/SOC
Draft and Prepare Bylaws
Prepare Documents for Ownership Interests
Draft and File Annual Reports
Assist with State Licensing Requirements
Obtain Federal Tax / Employer ID Number (EIN)
Assist with Setting Up Bank Accounts
Monitor Corporate Filing Requirements
Draft “Doing-Business-As” (DBA) Filings
Application for Tax Treatment with the IRS

Independent In-House & Out-House Counsel Legal Services

Business Entity Formation & Registration
Drafting Pre-Incorporation Contracts
Drafting Partnership Agreements
Drafting Employee Agreements
Drafting Independent Contractor Agreements
Regulatory Compliance
State & Local Licensing & Permitting
Management of Emergency Legal Issues
On-call Availability for Legal Questions
Contract Drafting & Contract Review
Corporate & Employee Policy Development
Trademarks & Copyrights
Liability Analysis
Business-to-Business Disputes
Lawsuit Defense
Corporate Counseling

Alcohol, Tobacco and Entertainment Licensing

Licensing in Massachusetts is a cumbersome, tedious and technical process. There are numerous regulatory hurdles and roadblocks to obtaining a license for entertainment or the import, distribution and/or sale of alcohol or tobacco in the Commonwealth. These regulations are in addition to the federal requirements for alcohol and tobacco. The Jacobs Law, LLC will assist in the completion and review of your license application. We can help your business traverse the regulatory requirements toward obtaining an alcohol, tobacco or entertainment license in Massachusetts.

Advising on the Massachusetts Prompt Pay Act (M.G.L. ch.149, sec.29E)

The Prompt Pay Act is designed to ensure faster payment of contractors and subcontractors by the prime or general contractor. This new statute outlines several key requirements for the contractual provisions between general and sub contractors. A handful of provisions which were previously allowed are now considered void and unenforceable, such as “pay-if-paid” provisions. The Prompt Pay Act provides specific time limitations for payment to contractors and subcontractors. The Jacobs Law, LLC can assist you in drafting contracts that are compliant with the new Prompt Pay Act, enforcing the provisions of a contract or the requirements of this new statute, and defending against claims for violations of the Prompt Pay Act.

Business Competitor Lawsuits for Failure to Pay Workers Compensation Insurance

A recent amendment to the workers’ compensation law in Massachusetts now allows employees and businesses to sue their employers or business competitors for their failure to pay workers’ compensation insurance, misclassifying employees to obtain a lower premium rate, and/or failing to put some employees on the payroll records to avoid the increased workers’ compensation insurance premiums. Common fraudulent activities to avoid workers’ compensation insurance includes improperly classifying employees as independent contractors, misclassifying workers in high-risk jobs as doing less dangerous work, and paying employees under-the-table to avoid premiums altogether. These fraudulent activities allow those businesses to undercut their lawful competitors and make lower bids on public and private projects. The Jacobs Law, LLC can pursue or defend against such suits on behalf of competitor businesses.

Development of an I-9 Policy for Businesses

Any employer that does business with the Federal Government should have a formal, written and up-to-date I-9 policy. The lack of such a policy can result in large fines even if the errors are technical and inadvertent. An employer liable for unlawful hiring can face fines of $375 – $3,200 for each unauthorized employee for a first offense. A third offense, or more, may result in fines of $16,000 per unauthorized employee. Fines for violations of record-keeping or verification regulations range from $110 to $1,100 per I-9. This is true even for missing I-9 forms or forms that have even inadvertently incorrect information. The lack of an I-9 Policy for the business to follow can also result in lawsuits for discrimination. And if there is a “pattern or practice” of violations of these regulations, criminal penalties may be imposed. Prevention, and the implementation of a thorough I-9 Policy can help to avoid these enormous fines. Some of the key issues that such business must consider are: (1) is the business complying with proper retention rules, (2) are copies of the employee’s identity documents required, (3) when must an employer re-verify an I-9 and when can it not do so, (4) is the business’ I-9 Policy effective and compliant with federal regulations while avoiding prohibited discrimination, (5) what constitutes “Constructive Knowledge” and does the employer / business have it, (6) does the employer / business perform an annual internal audit, (7) should or must the employer / business participate in the E-Verify system, (8) if fines or other penalties are levied, will the employer / business have a good faith affirmative defense to them. The Jacobs Law, LLC can assist any business / employer to comply with this regulatory scheme, and draft and implement an I-9 Policy.

Debt Collection Services

As part of our one-stop suite of legal services, The Jacobs Law, LLC provides debt collection services to our business clients. We collect on outstanding customer accounts and business-to-business debts. We have been highly successful in obtaining judgments or settlement arrangements for our business clients. We also use judgements obtained by TJL, or previously by our client, to obtain attachments, liens and/or wage garnishments. Most customer accounts are filed with the small claims court, which TJL has considerable experience in navigating. We are also available to appear in courts in Greater Boston for other counsel or act as local counsel in these types of matters. For most higher-value, business-to-business debt collections however, TJL will pursue either pre-suit debt settlement or file a civil lawsuit.

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The Jacobs Law LLC.