Category Archives: Civil Litigation
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
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?
…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
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
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
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
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
You may have read this title and thought this blog article was some ill-timed April Fool’s joke. Well, you would be wrong. In yet another blow to American businesses, the 4th Circuit Court of Appeals ruled that a defendant-tile-manufacturing company could be liable to one of its employees for alleged sexual harassment of that… Finish Reading Employer Liable for Harassment of Employee by an Employee of a Distributor
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!
Very often, statements made in a business’ marketing, advertising or promotional materials can cause it the greatest legal troubles. How Can Your Business’ Advertising, Marketing, and 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,… Finish Reading Marketing & Advertising Legal Review