Category Archives: Business / Corporate Law
Tapping Your Entrepreneurial Spirit: The Basics
At Suffolk University Law School, The Jacobs Law held a seminar along with HR for Business, Boston Help Desk, and Kennebunk Savings to give entrepreneurs some insight on what it takes to start a business and some common issues new companies encounter. First, Travis Jacobs and Eric Moreno from The Jacobs Law discussed forming… Finish Reading Tapping Your Entrepreneurial Spirit: The Basics
Potential Pitfalls for Startup Founders
Business insiders and investors are well aware of the astronomical sums that have been paid to purchase many high-tech startups recently. Judging by the headlines, it seems as if a minimum of $1 Billion is standard for acquiring any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Finish Reading Potential Pitfalls for Startup Founders
New Standard for Employer Liability under MA Wage Act
Recently determined in the Superior Court of Massachusetts was the applicability of the Single Integrated Enterprise Theory to Wage Act Claims. The judge in Fitzgerald, et al. v. The Chateau Restaurant Corporation, et al., determined that restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class-action lawsuit against… Finish Reading New Standard for Employer Liability under MA Wage Act
Product Warranties for the Small Business Owner
Product warranties provide a way for manufacturers and sellers to ensure the value and functionality of their products. They ultimately offer a remedy to customers should the value or functionality of a product fail. Warranties generally fall into two categories: implied warranties and express warranties. Implied warranties are neither spoken nor written but are… Finish Reading Product Warranties for the Small Business Owner
Copyrights: Derivative Works vs. Joint Works
In a recent copyright infringement case, (Greene v. Ablon, 2015 U.S. App. LEXIS 12305 (1st Cir. Mass. July 16, 2015) the 1st Circuit Court of Appeals affirmed a jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The Appeals Court reasoned that the trial… Finish Reading Copyrights: Derivative Works vs. Joint Works
The Latest F1 Visa OPT and CPT Scam
Students who hold an F1 Visa are restricted from engaging in employment in the United States except in particular circumstances such as CPT (Curricular Practical Training) and OPT (Optional Practical Training) – both of which require sponsorship by a bona fide employer. Unfortunately, some F1 visa students are gaining employment by illegitimate business… Finish Reading The Latest F1 Visa OPT and CPT Scam
Insurance Reference Panel Trap, New Normal?
The Massachusetts Insurance Reference Panel for home owner insurance policies was established to provide a fair and efficient alternative to the already backed-up court systems. The reference panel was created to ensure a quick yet just alternative to settle claim discrepancies between the insurer and insured. Lately, insurance company referees (as a proxy for… Finish Reading Insurance Reference Panel Trap, New Normal?
Impact of Coronavirus (COVID-19) on Force Majeure Contract Clauses
The Coronavirus pandemic has interfered with the ability of businesses across the country to continue normal operations. In many cases, it prevented them from honoring contractual obligations. In a matter of weeks, the Coronavirus pandemic transformed from a foreign whisper to a crisis of biblical proportions crashing into the shores of America. At federal,… Finish Reading Impact of Coronavirus (COVID-19) on Force Majeure Contract Clauses
Delaware Proposes Amendments to Bylaws
The Council of the Corporation Law Section of the Delaware State Bar Association recently proposed amendments to the Delaware General Corporation Law (DGCL) prohibiting fee-shifting provisions in the corporation’s bylaws. In addition, the proposed amendments would allow Delaware corporations to designate Delaware courts for litigation, but it would also prohibit Delaware corporations from selecting… Finish Reading Delaware Proposes Amendments to Bylaws
Unauthorized UCC-1s: Lessons Learned from recent court cases
Be vigilant to defend against unauthorized UCC-1 filings. A UCC-1 can be filed without the debtor’s knowledge or authorization. Therefore, law firms, attorneys, and paralegals must be vigilant when conducting due diligence to ensure that unauthorized financing statements have not been filed against their clients. Unauthorized financing statements can cause significant issues with a… Finish Reading Unauthorized UCC-1s: Lessons Learned from recent court cases