Recent Blog Posts
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
MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet
For many years, preeminent employment lawyers and business trade groups had advised businesses to ensure that the payments made to 100% Commissioned Inside Sales Representatives are at least equal to or greater than minimum wage for the first 40 hours worked each week plus one-and-a-half times the minimum wage for each hour worked over 40 hours… Finish Reading MA SJC Made 100% Commissioned Inside Sales Reps a Risky Bet
Your Business is Essential: Fall 2021 Update–Covid19 relief for U.S. Small Businesses
Effective on October 8, 2021, enhancements to the COVID-19 Economic Injury Disaster Loan (“EIDL”) program were implemented and announced by Administrator Isabella Casillas Guzman of the U.S. Small Business Administration (“SBA”). Although states have reopened nationwide, financial uncertainty continues to exist for many American businesses. As a result, the SBA released Frequently Asked Questions on… Finish Reading Your Business is Essential: Fall 2021 Update–Covid19 relief for U.S. Small Businesses
Section 230 Immunity Has Its Limits
INTRODUCTION: There has been quite a bit of noise around a federal statute that immunizes website and mobile application owners and operators from liability for certain conduct. This statute is 47 U.S. Code Section 230 “Protection for Private Blocking and Screening of Offensive Material” or more commonly known as “Section 230” of the Communications… Finish Reading Section 230 Immunity Has Its Limits
Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins
DECISION: A Pennsylvania Federal Court just dismissed a lawsuit brought by a group of restaurateurs (this is the correct spelling) seeking to force The Hartford Insurance Co. to provide business interruption insurance coverage related to COVID-19 and government closure orders. The Court dismissed the lawsuit this week. In dismissing the lawsuit, the Court concluded… Finish Reading Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins
