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Category Archives: Civil Litigation

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The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks

By Travis Jacobs |

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 The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks

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Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?

By Travis Jacobs |

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?

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liability for third party harassment

Uber’s Legal Issues Are Not Unique

By Travis Jacobs |

…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

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By Travis Jacobs |

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

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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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Marketing and Advertising Legal Reviews

Marketing & Advertising Legal Review

By Travis Jacobs |

Very often, statements made in a business’ {marketing, advertising, promotional materials} can cause it the greatest legal troubles. How  Can Your Business’ {Advertising, Marketing, Promotional Materials}, Websites or Social Media Posts Lead to a Class Action Lawsuit Against Your Business? …Easy. Businesses define themselves and hold themselves out to potential customers through their websites, social media presence, advertising, promotional materials, and… Finish Reading Marketing & Advertising Legal Review

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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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