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Author Archives: Travis Jacobs

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Section 230 Immunity Has Its Limits

By Travis Jacobs |

INTRODUCTION: There has been quite a bit of noise around a federal statute that immunizes website and mobile application owners and operators from liability for certain conduct. This statute is 47 U.S. Code Section 230 “Protection for Private Blocking and Screening of Offensive Material” or more commonly known as “Section 230” of the Communications… Finish Reading Section 230 Immunity Has Its Limits

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Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins

By Travis Jacobs |

DECISION: A Pennsylvania Federal Court just dismissed a lawsuit brought by a group of restaurateurs (this is the correct spelling) seeking to force The Hartford Insurance Co. to provide business interruption insurance coverage related to COVID-19 and government closure orders. The Court dismissed the lawsuit this week. In dismissing the lawsuit, the Court concluded… Finish Reading Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins

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liquor license

Liquor Licensees & Underage Drinkers: A Never-ending Cat & Mouse Game

By Travis Jacobs |

Massachusetts face a constant cat & mouse game with underage patrons who are now able to purchase near perfect fake IDs online. Massachusetts and Federal authorities have been aware of this for years, but Liquor Licensees almost exclusively bear the burden of the consequences for selling alcohol to ‘underage’ patrons, while those underage patrons… Finish Reading Liquor Licensees & Underage Drinkers: A Never-ending Cat & Mouse Game

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trademark cease and desist

The Trademark Bully

By Travis Jacobs |

The USPTO actually defines a trademark bully as, “a trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow.” A registered trademark or servicemark is a form of legally protected intellectual property that identifies the products or services of a . To… Finish Reading The Trademark Bully

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Boston Business Lawyers

Amazon Brand Registry Requires a USPTO Registered Trademark

By Travis Jacobs |

If you weren’t paying attention, you might have missed it. Amazon has modified their Brand Registry program and instituted new rules and tools for merchants to protect their brands, logos and products from counterfeiters – Transparency and Project Zero. Not only can merchants register their brand but Amazon uses, and now makes available to… Finish Reading Amazon Brand Registry Requires a USPTO Registered Trademark

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Door-to-Door sales business

List of ‘Do Not Knock’ Towns is Growing

By Travis Jacobs |

If you have not heard of “Do Not Knock” laws yet, you will soon. And if you own or operate a business that does any door-to-door sales, you need to be aware of these local / municipal ordinances.  In Massachusetts Haverhill, Methuen and most recently, Marlborough, among potentially others, have all passed ordinances that… Finish Reading List of ‘Do Not Knock’ Towns is Growing

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cashmoney-web

Small Business’s Assets Are Protected Best By Local Banks

By Travis Jacobs |

Most small-business owners in Massachusetts understandably maintain accounts at nationally recognized and reputable banks. However, clever business litigation lawyers would suggest small- businesses avoid these types of accounts. During litigation, both parties focus on winning arguments and having courts rule in their favor. Unfortunately, lawyers who have experience winning judgments quickly learn that winning… Finish Reading Small Business’s Assets Are Protected Best By Local Banks

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Rules

Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

By Travis Jacobs |

Corporate entities must be sure to keep excellent paper records which are orderly and up-to-date. Failure to properly maintain corporate business records creates unnecessary problems with the IRS, jeopardizes the limitation of liability for corporate officers, and hurts your business’s reputation with potential buyers or lenders. A typical minutebook should include at a minimum:… Finish Reading Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

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Lawyer at his desk

Considerations to Remember When Vetting Prospective Employees

By Travis Jacobs |

Due to workplace safety concerns, background screening is a universal practice for employers. Companies must know that applicants possess the promised credentials, do not have a history of fraud/theft, and will not pose a threat to others. However, Massachusetts public policy often leans in favor of employees at the expense of employers. Criminal record… Finish Reading Considerations to Remember When Vetting Prospective Employees

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An Update Regarding Arbitration Clauses For Employment:Independent Contractor Agreements

An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements

By Travis Jacobs |

Many business owners have multiple employees and/or rely on independent contractors to perform services related to their business. Anyone who has sought legal counsel from The Jacobs Law LLC on the use of independent contractors (especially in Massachusetts) knows that doing so is a legal minefield. (Here is an old blog we wrote on… Finish Reading An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements

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