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Category Archives: Business Litigation

CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

By Travis Jacobs |

The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Finish Reading CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

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Arbitration Firms Hold Awards Hostage

By Travis Jacobs |

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. Finish Reading Arbitration Firms Hold Awards Hostage

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Employer is Liable to Employee for Harassment by Non-Employee

By Travis Jacobs |

Remember the good ole’ days when an employer only had to worry about liability for its own employees harassing its other employees? Well, those days are gone forever. Recent federal and Massachusetts case law demonstrates without a doubt that employers are liable to their own employees who have been subjected to harassment by non-employee third parties. Of… Finish Reading Employer is Liable to Employee for Harassment by Non-Employee

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mediations and arbitrations

Pitfalls For Startups – Memorializing Co-Founder Intentions

By Travis Jacobs |

Business insiders and investors are well aware of the astronomical sums that many high-tech startup companies have been purchased for recently. Judging by headlines, it seems as if $1 Billion is the going rate for the acquisition of any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Finish Reading Pitfalls For Startups – Memorializing Co-Founder Intentions

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Boston Businesses & Beyond, Beware – Overtime Laws Are Changing Again!

By Travis Jacobs |

Boston-based businesses and beyond should be aware, be very aware – the federal government is changing overtime laws again! Revisions to what is titled the Federal Labor Standards Act (or FLSA) are expected to take effect by the end of next year. For small and mid-sized employers today, that may mean rethinking that new… Finish Reading Boston Businesses & Beyond, Beware – Overtime Laws Are Changing Again!

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MA Legislature Excludes Non-Compete Provisions From Economic Development Bill

By Travis Jacobs |

Business owners concerned about the invalidation of prior, existing and future non-compete {contracts, agreements, provisions} can relax, for now. But the threat of elimination of non-competes is still very much an ongoing reality. You may recall that this past spring Massachusetts Governor Deval Patrick had proposed a law that would have mostly invalidated non-compete… Finish Reading MA Legislature Excludes Non-Compete Provisions From Economic Development Bill

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Protecting Your Online Business Reputation

By Travis Jacobs |

For most small business owners, {consumer, user, business} review websites like {Yelp, Angie’s List, Google+ Local, OpenTable.com} are critical for establishing and maintaining a good business reputation.  For consumers, these websites are the go-to tool for researching the local businesses where they will spend their money and to voice their opinions (good and bad)… Finish Reading Protecting Your Online Business Reputation

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Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement

By Travis Jacobs |

Recent Court Ruling Identifies How a Social Media Profile May Violate a Non-Compete or Non-Solicit Agreement Many business owners and their employees, such as a sales representatives, consultants and account managers, regularly use their personal accounts on social media websites like Facebook, Twitter, and LinkedIn to promote their business, identify sales leads and communicate which existing… Finish Reading Your Social Media Account May Violate Your Non-Compete or Non-Solicitation Agreement

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UCC Battle of the Forms

The UCC: Contracts, Invoices, & Sales Slips For the Purchase and Sale of Goods

By Travis Jacobs |

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 that along with the American resurgence in manufacturing, is a resurgence in the importance of the Uniform Commercial Code (UCC). Then only days later I received an email promoting a conference titled something like… Finish Reading The UCC: Contracts, Invoices, & Sales Slips For the Purchase and Sale of Goods

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First Contact by Agents of the Sec

By Travis Jacobs |

These days, zealous thieves use all types of methods to steal your personal information. They may pose as your bank, your school, your credit card company and contact you via phone, email or even an official looking letter. In a recent federal criminal case involving false statements to the SEC (U.S. v. Binette, Cr.… Finish Reading First Contact by Agents of the Sec

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