Author Archives: The Jacobs Law
Copyrights: Joint Work? Derivative Work? or Both?
In a recent copyright infringement case, (Greene v. Ablon), the court affirmed the jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The trial court’s determination that a work cannot be both joint and derivative as a matter of law is false. A… Finish Reading Copyrights: Joint Work? Derivative Work? or Both?
What Can I Do With Abandoned Tow Vehicles?
Are you a towing company that has towed vehicles taking up space on your lot? Have the vehicles been abandoned and never retrieved by the owner? If so, you may be able take possession of the vehicle to cover the costs of towing and storage. Massachusetts law offers guidance for a towing company owner to… Finish Reading What Can I Do With Abandoned Tow Vehicles?
Tapping Your Entrepreneurial Spirit: The Basics
At Suffolk University Law School, The Jacobs Law held a seminar along with HR for Business, Boston Help Desk, and Kennebunk Savings to give entrepreneurs some insight on what it takes to start a business and some common issues new companies encounter. First, Travis Jacobs and Eric Moreno from The Jacobs Law discussed forming… Finish Reading Tapping Your Entrepreneurial Spirit: The Basics
Suspension or Revocation of Class II Auto Dealers License
Municipal licenses are subject to suspension, revocation, or non-renewal at the whims of the town’s licensing board. Often these occur summarily, without a hearing and without just cause, or without sufficient evidence. And the loss of your municipal license means the loss of your livelihood. But unbeknownst to many licensees, not all license suspensions,… Finish Reading Suspension or Revocation of Class II Auto Dealers License
Fraudulent or Negligent Misrepresentation
In the business world today where contracts govern almost every move a employer or employee makes, fraudulent and negligent misrepresentation claims have become much more common in the context of business litigation. In order to succeed on a claim for fraudulent misrepresentation, the plaintiff must satisfy the following five elements: Prove the defendant made… Finish Reading Fraudulent or Negligent Misrepresentation
Potential Pitfalls for Startup Founders
Business insiders and investors are well aware of the astronomical sums that have been paid to purchase many high-tech startups recently. Judging by the headlines, it seems as if a minimum of $1 Billion is standard for acquiring any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Finish Reading Potential Pitfalls for Startup Founders
New Standard for Employer Liability under MA Wage Act
Recently determined in the Superior Court of Massachusetts was the applicability of the Single Integrated Enterprise Theory to Wage Act Claims. The judge in Fitzgerald, et al. v. The Chateau Restaurant Corporation, et al., determined that restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class-action lawsuit against… Finish Reading New Standard for Employer Liability under MA Wage Act
Product Warranties for the Small Business Owner
Product warranties provide a way for manufacturers and sellers to ensure the value and functionality of their products. They ultimately offer a remedy to customers should the value or functionality of a product fail. Warranties generally fall into two categories: implied warranties and express warranties. Implied warranties are neither spoken nor written but are… Finish Reading Product Warranties for the Small Business Owner
Copyrights: Derivative Works vs. Joint Works
In a recent copyright infringement case, (Greene v. Ablon, 2015 U.S. App. LEXIS 12305 (1st Cir. Mass. July 16, 2015) the 1st Circuit Court of Appeals affirmed a jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The Appeals Court reasoned that the trial… Finish Reading Copyrights: Derivative Works vs. Joint Works
The Latest F1 Visa OPT and CPT Scam
Students who hold an F1 Visa are restricted from engaging in employment in the United States except in particular circumstances such as CPT (Curricular Practical Training) and OPT (Optional Practical Training) – both of which require sponsorship by a bona fide employer. Unfortunately, some F1 visa students are gaining employment by illegitimate business… Finish Reading The Latest F1 Visa OPT and CPT Scam