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The National Labor Relations Board (NLRB) is getting more active in a nascent crackdown on non-compete agreements. After issuing a memo that claimed that non-compete agreements violate the National Labor Relations Act (NLRA) back in May, the agency has alleged that the non-competes used by a grou...

The Massachusetts Appeals Court recently ruled on a case involving a commercial lease dispute. At issue was the notice provision in the contract. While the provision was clearly not satisfied, the court nevertheless ruled that actual notice had been received, so the breach of contract was meaning...

For the fourth year running, attorney David S. Katz was named a Super Lawyer by Thomson Reuters for 2023. Super Lawyers: A Distinction for the Leading Lawyers in Their Fields Thomson Reuters is a leading publisher in the legal field that also hosts databases of local attorneys for prospective c...

The Massachusetts Lawyers Weekly recently covered an Appeals Court case involving some behind-the-scenes legal maneuvering by companies to cover the costs of litigation. The publication's reporters turned to David Katz, a business and contract attorney with nearly 40 years of experience in the fi...

Builders and contractors in Massachusetts rely heavily on contracts to define the scope of the work to be performed and what is expected of them. In most cases, everything goes smoothly. However, there are five types of disputes that tend to arise between a general contractor and their subcontrac...

Massachusetts employers, including small businesses, have to comply with state and federal laws regarding paid time off, or PTO. To add to the complexities, not all PTO is treated the same. In this article, the business attorneys at the Katz Law Group summarize the most important things you need...

When Elon Musk bought the social media website Twitter last week, he pledged to make it profitable. In an attempt to do so, he has announced widespread layoffs of Twitter employees. However, a federal law, the Worker Adjustment and Retraining Notification (WARN) Act, regulates the process for im...

Attorney David S. Katz was recently named a Super Lawyer by Thomson Reuters for 2022, the third year in a row that he has been recognized as one of the top business lawyers in the state of Massachusetts. The distinction puts him among the top 5 percent of lawyers in the state, and recognizes his...

A recent Massachusetts case shed light on some practical aspects of enforcing and challenging a non-compete agreement. Businesses in the state seeking to enforce one of these provisions in their employment contract should take note. Business Seeks to Enforce an Unenforceable Non-Compete The cas...

Last Thursday, the Massachusetts Supreme Judicial Court (SJC) made a ruling that is bad news for nearly every business owner in the state: Most forms of business insurance coverage will not cover losses in revenue from the coronavirus pandemic. SJC: Pandemic Revenue Losses Not a “Direct Physical...

Under Massachusetts state law, employers have to correctly classify employees and independent contractors based on how much control they exert over the worker. Meanwhile, under federal regulations, a franchise is a business relationship where the franchisor has the authority to exert a significan...

A recent ruling by the Supreme Judicial Court of Massachusetts changes when businesses can effectively limit their liability from unfair trade practice claims filed by other businesses. The case should make companies in the state review their contracts for these provisions and potentially alter t...

Business and contract attorney David Katz was recently quoted in the Massachusetts Lawyers Weekly regarding a recent case dealing with the new Massachusetts Uniform Enforcement of Foreign Judgments Act. The case involved a pressing issue in business credit law and reach and apply injunctions: How...

A new case from the Massachusetts Supreme Judicial Court touches on an important aspect of employment litigation: When more than one companies are joint employers of a worker. Workers at One Company Claim a Different Company is Their Joint Employer The case, Jinks v. Credico (USA) LLC, involved...

Attorney David S. Katz was recently recognized as a Super Lawyer by Thomson Reuters for his work and reputation as a top business and contract litigation lawyer in central Massachusetts. The honor is reserved for attorneys with a history of professional achievement and who have the respect of the...

The federal district court in Massachusetts recently weighed in on the Massachusetts Noncompetition Agreement Act and what has to be done to make a non-compete agreement binding in the state. In spite of the short treatment that the Act gets in the case, the ramifications of the ruling are signif...

A growing list of companies are incentivizing employees who get the coronavirus vaccine, after having apparently read our earlier blog post on how to make workers get inoculated. Some are even structuring these incentives to avoid claims of discrimination against those who cannot get the vaccine....

In the days after the attack on the U.S. Capitol Building in Washington, D.C. on January 6, rioters have been facing lots of repercussions – both in the form of criminal charges and from private individuals who are doing what they can to punish the perpetrators in the assault. Unfortunately, lot...

In a recent blog post, we asked whether employers could make their workers get the coronavirus vaccine. Unfortunately, the answer was not so simple, in large part because the Equal Employment Opportunity Commission (EEOC) had not settled the issue with a binding regulation. A few days ago, the E...

With the coronavirus vaccine on the horizon, lots of employers in Massachusetts are left wondering if they can require their employees to get vaccinated as a condition for continued employment. Unfortunately, there is still some uncertainty on this issue. The employment litigation lawyers at th...

In order to make a contract, there has to be an offer, an acceptance of that offer, and consideration – an agreement that each party give something up in order to receive something else. If the contract is later broken, it is a breach of contract. But what happens when the terms of the contract a...

A local Worcester bar is being accused of violating Massachusetts' coronavirus regulations. If the allegations are true, it could lead to serious repercussions for the tavern. Unfortunately, following the rules is not easy, especially for small businesses, like bars, that make most of their incom...

AGiven the ongoing global pandemic and the increasing reality that both domestic and international travel is not going to be options in the near future, if you are holding on to a timeshare it may be a good time to dump it off the cliff,  particularly if you are not using it. Recently, I had the o...

The Coronavirus is sweeping the country. All semblance of normal everyday life has come to a standstill. The court system is no exception. As of the date of this blog, Massachusetts trial courts are closed until May 4, 2020 with certain limited exceptions. To be sure, that deadline will be extend...

In past blogs, I have suggested that businesses strongly consider purchasing business interruption insurance as part of an overall insurance program for their businesses. Simply stated, business interruption insurance is insurance coverage that assists a business in replacing lost income and help...