Category Archives: Business / Corporate Law
Do You Know Your Bank Signatories?
As a small business owner, you may have co-owners, partners, or employees that you have authorized to do basic functions such as signing checks on the company’s behalf, making deposits, or even doing basic online banking. However, whether you trust them to act in good faith may not be the only obstacle when deciding… Finish Reading Do You Know Your Bank Signatories?
The Risk of “Phantom Income” as a Small Business Owner
Phantom income occurs when there is revenue that is reported to the IRS by an entity for tax purposes, but the entity or the individual never actually receives any income. For “pass-through” entities, where income and subsequent losses are passed through to the owners of the company (as opposed to the entity itself), this… Finish Reading The Risk of “Phantom Income” as a Small Business Owner
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?
Protect Your Business Before You Sign a Commercial Lease
Commercial tenants are often under the mistaken belief that their are non-negotiable except for the rental rate and lease term. “Large-space” commercial tenants, especially, have more flexibility in negotiating their leases and should take advantage of that. One of the most important, and often overlooked, terms in a commercial lease is the Termination Clause.… Finish Reading Protect Your Business Before You Sign a Commercial Lease
The Reason Why Your 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 The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks
Considerations to Remember When Vetting Prospective Employees
Due to workplace safety concerns, background screening is a universal practice for employers. Companies must know that applicants possess the promised credentials, do not have a history of fraud/theft, and will not pose a threat to others. However, Massachusetts public policy often leans in favor of employees at the expense of employers. Criminal record… Finish Reading Considerations to Remember When Vetting Prospective Employees
An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements
Many business owners have multiple employees and/or rely on independent contractors to perform services related to their business. Anyone who has sought legal counsel from The Jacobs Law LLC on the use of independent contractors (especially in Massachusetts) knows that doing so is a legal minefield. (Here is an old blog we wrote on… Finish Reading An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements
“EMPLOYEE” OF CONTRACTOR NOT BOUND BY ARBITRATION CLAUSE IN CONTRACT BETWEEN CONTRACTOR AND UP-THE-CHAIN THIRD PARTY
Business owners typically have little trouble with enforcement of arbitration agreements against disgruntled contractors or employees. Written arbitration agreements are difficult to overturn and are usually enforced; even in the context of employment agreements. However, In Ouadani v. TF Final Mile LLC (fka Dynamex), 876 F.3d 31, 33 (2017), the 1st Circuit Court of… Finish Reading “EMPLOYEE” OF CONTRACTOR NOT BOUND BY ARBITRATION CLAUSE IN CONTRACT BETWEEN CONTRACTOR AND UP-THE-CHAIN THIRD PARTY
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
What is Trademark Incontestability?
A trademark can quickly become a significant asset for a business as it is a source identifier to consumers and competitors of your brand. After obtaining a federal trademark registration, you may think you are finished with the trademark process. Once the mark is registered, you must continue using the mark in commerce, and… Finish Reading What is Trademark Incontestability?
