Category Archives: Civil Litigation

Technology in the Office
Technology has become an integral part of our daily life both personal and work. Technology can make operating your business easier and more efficient. However, the increased use of more invasive technology has given rise to employee and staff privacy concerns. According to Norton (an international virus software provider), around 65% of businesses have… Finish Reading Technology in the Office
Quick Tips: Trademarks
“A rose by any other name would smell as sweet” worked well for Shakespeare, but the concept may apply when it comes to your business name, branding, DBA names, mottos, slogans and taglines. You want your ‘rose’ to only be called ‘rose’ to avoid a confused consumers believing that the rose of another is… Finish Reading Quick Tips: Trademarks

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

Massachusetts Wage and Hour Laws: An Introduction
We are beginning a series where we delve into the different laws that are addressed in the Federal Fair Labor Standards Act, and hopefully help you avoid mistakes that can be detrimental to your business. This act details exactly how to calculate your employee’s compensation, and what you can and can’t do regarding overtime… Finish Reading Massachusetts Wage and Hour Laws: An Introduction

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
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?

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

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
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