Author Archives: Travis Jacobs
Are YOU a “Trademark Bully”?
A trademark serves as a fixed representation of a business’ brand and its goodwill, and conveys a message to consumers of the quality of goods and services offered by the business. However, recently businesses have been taking their exclusive right to use the marks to an extreme. The United States Patent and Trademark Office… Finish Reading Are YOU a “Trademark Bully”?
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 recently reaffirmed in Karasavas v. Gargano, 87 Mass. App. Ct. 1125, 31 N.E.3d 1191 (2015). In this case, the Court reasoned that “because ‘[a] corporation is a creature of the law,’ which can only… Finish Reading Corporate Shield Only Extends So Far
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 offices throughout the United States has an employee who works in California and enters into an employment {contract, agreement} that contains a {non-compete, non-competition} provision. However, California has essentially banned {non-compete, non-competition} restrictions on employees… Finish Reading Massachusetts Court Kicks Non-Compete Breach Suit to California
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 work well under limited supervision, assist customers, help the business move towards its goals, and everyone benefits. What happens when employees act unreasonably, out of the scope of employment, and, as a result, damage… Finish Reading Vicarious Liability: Can a Business Be Liable for the Tortious Acts of 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, want to know if you have been misclassified by your employer? Today’s blog will discuss the legal standard in Massachusetts to determine whether a worker is an independent contractor or an employee under the law. Employers… Finish Reading Employee or Independent Contractor?: How to Classify Workers In Massachusetts using the Three-Prong Test
Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017
[embedyt] https://www.youtube.com/watch?v=LhM5OPjEOPQ?t=1&width=700&height=393[/embedyt] Listen to the Business bLAWg on WBIX AM1260 with the lawyers from Boston business law and business litigation law firm, The Jacobs Law LLC. On this show, we discuss common issues small business owners deal with when classifying workers as independent contractors. Any business that uses independent contractors in Massachusetts should be… Finish Reading Business bLAWg WBIX AM1260 – Classifying Independent Contractors – June 24, 2017
The #LowDown on Hashtag Protection
Hashtags – words or phrases preceded by the ‘#’ symbol have grown into an important promotional tool for businesses on social media platforms like {Instagram, Facebook, Twitter}. Many businesses create hashtags as part of a marketing campaign that helps drive consumer engagement with the business or product. But can a hashtag creator claim intellectual… Finish Reading The #LowDown on Hashtag Protection
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 new law went into effect, legalizing recreational use and homegrowing of marijuana plants (up to 12 plants per household). However, the state legislature and the newly formed Cannabis Control Commission have delayed the implementation… Finish Reading Marijuana in the Office: The Lowdown for Employers
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 to existing laws allowing employers to restrict its employees from gainful employment after termination. Both bills, however, failed, as the legislature was unable to come to an agreement before the legislative session ended. While… Finish Reading Non-Compete Reform is Not Dead in Massachusetts
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 only half of the equation when it comes to protecting your website. To truly protect yourself and your business, you need a comprehensive agreement that legally binds your users and regulates their actions on… Finish Reading Yes, Your Website Needs a Terms of Use Policy
