Tag Archives: business law
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
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
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
Massachusetts Wage and Hour Laws: An Introduction
We are beginning a series where we delve into the different laws that are addressed in the Federal Fair Labor Standards Act, and hopefully help you avoid mistakes that can be detrimental to your business. This act details exactly how to calculate your employee’s compensation, and what you can and can’t do regarding overtime… Finish Reading Massachusetts Wage and Hour Laws: An Introduction
Notable News: Supreme Court Rules in Favor of Business Privacy
The Supreme Court recently released a decision in Food Marketing Institute v. Argus Leader Media [Food Marketing Institute v. Argus Leader Media, No. 18-481 (U.S. Jun. 24, 2019)] that may be beneficial to your business. The issue began when a South Dakota newspaper owned by Argus Leader Media submitted a FOIA request to a government… Finish Reading Notable News: Supreme Court Rules in Favor of Business Privacy
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?
Corporate Shield Only Extends So Far
The notion that a corporate officer cannot hide behind their corporate shield when they have themselves committed a tort, was recently reaffirmed in Karasavas v. Gargano, 87 Mass. App. Ct. 1125, 31 N.E.3d 1191 (2015). In this case, the Court reasoned that “because ‘[a] corporation is a creature of the law,’ which can only… Finish Reading Corporate Shield Only Extends So Far
