Business owners typically have little trouble with enforcement of arbitration agreements against disgruntled contractors or employees. Written arbitration agreements are…
Three Shocking Pitfalls for Condominium Developers
In Massachusetts the appeal of condominium ownership continues to grow. Both the Warren Group and the Massachusetts Association of Realtors…
What is Trademark Incontestability?
A trademark can quickly become a significant asset for a business as it is a source identifier to consumers…
How do I use Trademark Symbols?
As many companies are using a trademark, they often use the ® or TM symbol following their logo or company name. As…
How Do I Change My Business Name?
Suppose you decide you would like to change the name of your business or due to the sale of your…
What to do if Someone is Using Your Mark as a Domain Name
A growing area of Intellectual Property litigation concerns domain name disputes. Domain name disputes arise when an individual or entity…
Corporate Shield Only Extends So Far
The notion that a corporate officer cannot hide behind their corporate shield when they have themselves committed a tort, was…
Massachusetts Court Kicks Non-Compete Breach Suit to California
The case discussed here is a fact pattern that has come through The Jacobs Law previously. A California employer with multiple…
Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?
Every business relies on employees to use sound judgment and make responsible decisions within the scope of the employment. Effective employees…
Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test
Want to know if you have been misclassifying your workers as independent contractors rather than as employees? Better yet,…
Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017
Listen to the Business bLAWg on WBIX AM1260 with the lawyers from Boston business law and business litigation law firm,…
The #LowDown on Hashtag Protection
Hashtags – words or phrases preceded by the ‘#’ symbol have grown into an important promotional tool for businesses on…
Marijuana in the Office: The Lowdown for Employers
This past November, voters approved a ballot measure legalizing the possession and recreational use of marijuana. On December 15, the…
Non-Compete Reform is Not Dead in Massachusetts
Back in 2016, the Massachusetts House and Senate each passed different versions of non-competition reform bills, seeking to make changes…
Yes, Your Website Needs a Terms of Use Policy
Recently, we posted a blog laying out the importance of a website’s privacy policy. A quality privacy policy, however, is…
The Importance of a Privacy Policy
It is no secret that the public’s concerns over the use and protection of their personal data has intensified in…
Uber’s Legal Issues Are Not Unique
…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could…
The Primary Account Holder Trap
Many small businesses rely on corporate credit cards as a convenient and integral part of their business. However, many small…
MA Superior Court Wage Act Decision – Turning Precedent on its Head?
A Massachusetts Superior Court recently ruled that a car dealership that paid employee-mechanics an hourly rate while working on customer vehicles, but…
How to Lose a Trademark in 3 Ways
Trademarks and Service Marks need to be renewed, maintained, monitored and actively protected from infringement. Doing any of the following can, and…
Contractor Liable Under MGL 93A Despite Homeowner Directive To ‘Do it Anyway’
Home Improvement Contractor Liability Under MGL 93A Home Improvement Contractors have had a rough year when it comes to burdens…
Employers Outside MA Cannot Escape Massachusetts Wage Act Claims
Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining…
Massachusetts Sick Time Complaints Have Begun to Roll In
The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months…
Contractor’s Failure to Register Gave Rise to Treble Damages, Attorney’s Fees & Costs
If you are a home improvement contractor, you should be aware of a recent case addressing the consequences of a home…
Insurance Agents Were the Latest Target of Worker Misclassification Cases
A series of recent Massachusetts court rulings addressing the classification of workers as employees or independent contractors have involved real estate agents,…
Employers: Pay Often and Pay Early!
The Jacobs Law has spent a considerable amount of time on this bLAWg writing about the Massachusetts Wage Act, and…
Massachusetts General Laws Chapter 149 Section 150
Section 150. The attorney general may make complaint or seek indictment against any person for a violation of section 148.…
CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model
The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was…
Can I Start a Business While in the U.S. on a Student Visa?
The entrepreneurial spirit is alive and well in Massachusetts’ colleges and universities. And international students in the United States on a student…
CAN-SPAM Act Compliance for Businesses
The CAN-SPAM Act is the law that sets the rules and requirements for commercial emails and sets penalties for senders…
ARBITRATION FIRMS HOLD AWARDS HOSTAGE
Arbitrator/arbitration firm fees can be hefty. Typically, both parties are responsible for 50% of the fees incurred. But when a party fails or refuses to pay their share of the fees after the arbitration hearing but before the award is issued, the other party may be forced to double down; resulting in a gamble that may very well do more harm than good.
INSURANCE COMPANIES SHOULD REVIEW & REQUIRE REVISION OF CONDOMINIUM DOCUMENTS PRIOR TO POLICY ISSUANCE
Condominium documents have become so restrictive of unit owner conduct and overly punitive for non-compliance. Punitive fines can be as high as $1000 for merely moving boxes or a piece of furniture out of a unit without prior approval. Massachusetts case has supported Condo Boards, reinforcing and perpetuating the erosion of unit owner sovereignty over their unit. The result: litigation. Litigation that insurance companies pay for and which can increase the risk of loss to mortgage companies that lend to unit owners. Insurance and mortgage companies should consider reviewing condominium documents for overly restrictive or punitive provisions prior to insuring condo boards or lending to buyers.
Massachusetts Minimum Wage Set to Increase January 1, 2015
Like many employers I’m sure you received the same email (below) from the Commonwealth of Massachusetts, Executive Office of Labor…
Employer is Liable to Employee for Harassment by Non-Employee
Remember the good ole’ days when an employer only had to worry about liability for its own employees harassing its…
Tis’ the Season for a Refresher on Firewood Dealers Regulations
A quick search for “firewood delivery (your town)” reveals that either (1) Firewood Dealers are completely oblivious to the state…
Pitfalls For Startups – Memorializing Co-Founder Intentions
Business insiders and investors are well aware of the astronomical sums that many high-tech startup companies have been purchased for…
BOSTON BUSINESSES & BEYOND, BEWARE – OVERTIME LAWS ARE CHANGING AGAIN!
Boston-based businesses and beyond should be aware, be very aware – the federal government is changing overtime laws again! Revisions…
MARKETING & ADVERTISING LEGAL REVIEW
Very often, statements made in a business’ marketing can cause it the greatest legal troubles. How Can Your Business’ Advertising, Websites or Social…
Irrevocable Trusts & Other Wealth Management Vehicles Are a Requirement for the Successful Business Owner!
Are you a successful business owner? Then you need an irrevocable trust or other wealth management vehicle to protect your…
MA Legislature Excludes Non-Compete Provisions From Economic Development Bill
Business owners concerned about the invalidation of prior, existing and future non-compete agreements can relax, for now. But the threat…
Businesses Lose Free Speech Challenge to Federal Labeling Regulations
On July 29, 2014, the U.S. Court of Appeals for the District of Columbia Circuit in American Meat Institute v. U.S.…
Guide to Common Massachusetts Statute of Limitations
A person, business or entity aggrieved by another does not have an indefinite amount of time in which to file…
Protecting Your Online Business Reputation
For most small business owners, consumer review websites like Google+ Local are critical for establishing and maintaining a good business…
Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement
Recent Court Ruling Identifies How a Social Media Profile May Violate a Non-Compete or Non-Solicit Agreement Many business owners and their…
The UCC: Contracts, Invoices, & Sales Slips For the Purchase and Sale of Goods
The UCC’s Battle of the Forms & Knock-Out-Rule: Don’t get TKO’d by Conflicting Terms A recent avvo.com post reminded me…
PERILS OF TEMPLATE & SELF-DRAFTED CONTRACTS
A contract is the document that details the agreement between parties. It governs the rights, obligations and remedies of the parties, and identifies all aspects of the agreement. Many parties to a contract to simply obtain a template or sample contract online without knowing whether it was drafted by a qualified person, if it is applicable in the state the parties are in, applicable to the type of transaction between the parties, if it includes all the necessary or important terms, or whether it includes language that improperly benefits or hurts one party or the other. Sometimes a template or random sample contract can do more harm than good. The cost of contract drafting and revision is relatively inexpensive, especially when compared to the costs in time, money and frustration of a poorly drafted contract. If you are in need of contract drafting, contract review and/or contract revisions, contact the contract lawyers at The Jacobs Law today.
FIRST CONTACT BY AGENTS OF THE SEC
These days, zealous thieves use all types of methods to steal your personal information. They may pose as your bank,…
DEVELOPERS NOW HAVE OPTIONS TO FIGHT EXTORTIONATE PERMIT CONDITIONS AND PERMIT DENIALS
In Koontz v. St. Johns River Water Management District, the US Supreme Court recently held that the takings clause of…
MY BUSINESS HAS RECEIVED AN MGL 93A DEMAND LETTER, WHAT DO I DO NOW?
Massachusetts has a very powerful consumer protection law in Massachusetts General Laws Chapter 93A (MGL 93A) that allows consumers to…
CELL PHONE USE POLICIES FOR EMPLOYERS
Small and medium-sized employers require a cell phone use policy just as much as large employers do, though they may…
THE JACOBS LAW LLC CAN HELP YOUR BUSINESS APPLY FOR A GLOBAL CREDIT EXPRESS LOAN THROUGH THE U.S. EXPORT-IMPORT BANK
The Export-Import Bank’s Global Credit Express program is designed to deliver short-term (6-12 month terms) working capital loans of up…
A CONDO UNIT OWNER HAS NOT PAID CONDO FEES IN MONTHS, WHAT CAN I DO NOW?
Condos Are Subject to M.G.L. ch.183A Every Condominium is subject to a specific statute in Massachusetts titled Massachusetts General Laws…
I RECEIVED AN ORDER TO SHOW CAUSE FROM THE MASSACHUSETTS DIVISION OF PROFESSIONAL LICENSURE. NOW WHAT?
An Order to Show Cause literally is a request to explain, justify or prove (or disprove) something. If you have…
CAN MY PHONE & SOCIAL MEDIA ACCOUNTS BE USED AGAINST ME? …YOU BET!…
The days of being protected against disclosure of the things you do in the privacy of your own home are…
Small Claims vs. District Court – Where Should You File?
FILING SUIT IN SMALL CLAIMS VS. DISTRICT COURT – MASSACHUSETTS As part of the business law legal services offered by…
Class Action Lawsuit Filed Against “WOW! Work Out World”
UPDATE: The Jacobs Law, LLC has since settled the Class Action Lawsuit against the owners of the physical fitness facility…
THE POPULARITY OF MASSACHUSETTS LLCs
These days many new business owners and start-ups prefer to register their business as an LLC (Limited Liability Company) in…
WHAT BUSINESS STRUCTURE IS BEST FOR MY BUSINESS ENTITY?
In Massachusetts, there are a number of ways business owners can structure their business entity. Some examples include: Sole Proprietorship,…
BEWARE OF BOILER-PLATE NON-COMPETE AGREEMENTS…
…as well as Non-Disclosure Agreements, Non-Solicitation Agreements, and other Restrictive Covenants! Massachusetts has long been poised to change the law…
DOES MY BUSINESS REALLY NEED INSURANCE?
Did you know that there is a type of commercial business insurance for any kind risk you can imagine? When…
HOW DO I SET UP A SOCIAL MEDIA POLICY FOR MY BUSINESS?
Today, we discuss how a business can protect itself from slanderous website posts. Regardless of how you feel about social…
WHAT IS VICARIOUS LIABILITY AND HOW DOES IT AFFECT YOUR BUSINESS?
As a small to medium business expands and starts to hire new employees, it is important to know your risks…
HOW BUSINESS OWNERS CAN DEAL WITH ONLINE CUSTOMER REVIEWS
Nowadays, everyone’s a critic. Thanks to the internet, the person who was once your customer is now a reviewer with…
LIMITING PERSONAL RISK
Being a business owner means that you are responsible for the actions of your business, which includes your employees’ actions under…