Category Archives: Business Litigation
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
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
MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet
For many years, preeminent employment lawyers and business trade groups had advised businesses to ensure that the payments made to 100% Commissioned Inside Sales Representatives are at least equal to or greater than minimum wage for the first 40 hours worked each week plus one-and-a-half times the minimum wage for each hour worked over 40 hours… Finish Reading MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet
Section 230 Immunity Has Its Limits
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
Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins
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
Massachusetts Wage and Hour Laws: Minimum Wage
Determining how much to pay your employees can be difficult. On one hand, you want them to be happy and able to support themselves; on the other hand, you want to keep as much of the profits as possible. Luckily, the law provides some sort of guidance. The Fair Labor Standards Act (FSLA)… Finish Reading Massachusetts Wage and Hour Laws: Minimum Wage
Massachusetts Wage and Hour Laws: The Workweek
The first installment in this series is about the “workweek.” The Fair Labor Standards Act (FLSA) describes the workweek as “a recurring period of seven consecutive 24 hour periods” that can begin on any day of the week. This “work week” is fixed, as well as independent of the actual hours worked by the… Finish Reading Massachusetts Wage and Hour Laws: The Workweek
The Risk of “Phantom Income” as a Small Business Owner
Phantom income occurs when there is revenue that is reported to the IRS by an entity for tax purposes, but the entity or the individual never actually receives any income. For “pass-through” entities, where income and subsequent losses are passed through to the owners of the company (as opposed to the entity itself), this… Finish Reading The Risk of “Phantom Income” as a Small Business Owner
