Category Archives: Business Litigation
Is my DocuSign Signature Enforceable?
Electronic signatures are becoming increasingly more popular as technology evolves and people are looking for ways to become more efficient. The idea of being able to type your name into a computer instead of having to sign a physical document and send to different parties is very appealing, as it saves time, money, and… Finish Reading Is my DocuSign Signature Enforceable?
Small Business’s Assets Are Protected Best By Local Banks
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
Three Shocking Pitfalls for Condominium Developers
In Massachusetts the appeal of condominium ownership continues to grow. Both the Warren Group and the Massachusetts Association of Realtors reported that in March of 2018 the median sale price of a condo was significantly greater than that of a house. This median sale price has grown 16 to 20 percent compared to a… Finish Reading Three Shocking Pitfalls for Condominium Developers
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
Uber’s Legal Issues Are Not Unique
…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success. However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Finish Reading Uber’s Legal Issues Are Not Unique
Employers Outside MA Cannot Escape Massachusetts Wage Act Claims
Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Finish Reading Employers Outside MA Cannot Escape Massachusetts Wage Act Claims
Massachusetts Sick Time Complaints Have Begun to Roll In
The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Finish Reading Massachusetts Sick Time Complaints Have Begun to Roll In
CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model
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
Arbitration Firms Hold Awards Hostage
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
Employer is Liable to Employee for Harassment by Non-Employee
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
