Blog

A. THE KINDS OF LAWSUITS YOUR COMPANY MAY FACE WILL VARY FROM SITUATION TO SITUATION. The impact of litigation on small business goes beyond any payment of legal fees. Owners of small business are vested in their operations: litigation of any kind causes not just financial disorder, but also emo...

A. THE LAST THING YOU SHOULD DO IS IGNORE WHAT IS NOW IN FRONT OF YOU. Whether you or your company have been sued either by a vendor, client or another business chances are that it will cost you both time and money to defend. Lawsuits are the last thing that companies need because they take away...

A. THERE ARE MANY FACTORS AND CONSIDERATIONS TO EVALUATE WHEN PURCHASING A FRANCHISE. The time has arrived for the purchase of a franchise. You are days away from signing on the "dotted line." In fact, as a prospective franchisee you may still have lingering questions about whether this will be ...

A. IF YOU ARE PLANNING ON BECOMING PART OF ANY FRANCHISE SYSTEM, YOU MUST MAKE SURE TO READ AND UNDERSTAND THE UNIFORM FRANCHISE OFFERING CIRCULAR. In last week's blog, I discussed a number of areas that any perspective franchisee must both consider and fully understand before joining any franch...

A. For many, opening a franchise has been a gateway to a great success story. Conversely, many have lost their life savings because they did not due their due diligence. Franchising is not for everyone. It calls for long hours and lots of patience. More often than not, perspective franchisees go...

A. WHEN YOU ENGAGE AN ATTORNEY TO PROVIDE LEGAL SERVICES IT IS REQUIRED THAT YOU HAVE AN ENGAGEMENT LETTER. Like any engagement in life, an engagement of an attorney and client is a serious relationship and requires a serious committment from both sides. To that end, several years ago, the Massa...

A. GETTING A JUDGMENT IS JUST THE FIRST STEP. YOU NEED TO HAVE A PLAN IN PLACE TO SATISFY THE JUDGMENT. Many of you have heard the expression "paper judgment" or "empty judgment.". Those terms apply to situations where a creditor gets a judgment and cannot enforce the judgment within a reasonabl...

A. ONE OF THE MANY CREDITOR'S REMEDIES IN MASSACHUSETTS IS THE WAGE ATTACHMENT BUT IT COMES WITH MANY RESTRICTIONS AND STRINGS ATTACHED. Wage attachment in Massachusetts is one mechanism by which a creditor in Massachusetts can enforce its judgment. In Massachusetts, unlike other jurisdictions, ...

1.DOMESTICATING OUT OF STATE OR FOREIGN JUDGMENTS JUST GOT EASIER FOR CREDITORS BY THE PASSAGE OF G.L.c.218, section 4A. The Massachusetts legislature recently passed G.L.c.218, section 4A which provides for a more simple process for registering an unsatisfied judgment entered in another state ...

A.IF YOU ARE A CREDITOR, MASSACHUSETTS HAS A REMEDY CALLED A REAL ESTATE ATTACHMENT THAT MAY GO ALONG WAY IN HELPING YOU GET YOUR MONEY. In my last blog, I discussed the benefits of creditor's availing themselves to the remedy of bank attachments. In this blog, I will focus on another widely use...

A. IF YOU ARE A CREDITOR, MASSACHUSETTS HAS A REMEDY THAT MAY GO ALONG WAY IN HELPING YOU RECOVER YOUR MONEY-THE BANK ATTACHMENT. Over the years, I have represented hundreds of creditors in many different areas in many different states who need representation in Massachusetts. Given that Massach...

A. IF YOU HIRE INTERNS FOR TO WORK AT YOUR COMPANY IT IS IMPERATIVE THAT YOU CLASSIFY THEM PROPERLY. Summer is right around the corner and the interns will so follow. Whether they come from high school, college or those employees who might fall in the post-college category they all need to be tr...

A. HAVING A CELL PHONE AT WORK IS NOT AN ABSOLUTE RIGHT, We have now reached a point where the cell phone is now intricately woven into everything we do. From our social life to business life, the cell phone has found its way into everything we do straddling the line between modern convenience a...

A. DEPENDING ON THE CIRCUMSTANCES, A LANDLORD MUST TAKE SEVERAL STEPS UNDER ITS LEASE IN ORDER TO EFFECTIVELY RESERVE ITS RIGHTS. Very recently, I was approached by a small landlord who has rental units in Watertown and Cambridge, Massachusetts. My client had received a notice of termination fro...

A.

A. IF YOU DO NOT HAVE A CREDIT APPLICATION OR IF YOU HAVE A CREDIT APPLICATION THAT IS MORE THAN TWO YEARS OLD YOU MUST READ THIS ARTICLE. According to the 2016 Small Business Survey conducted by the Federal Reserve Bank of New York, 37% of the businesses in the survey fell into the "at risk" or...

A. ITS ONE THING TO HAVE A PERSONAL GUARANTEE AND ANOTHER THING TO HAVE AN ENFORCEABLE PERSONAL GUARANTEE. I was recently involved in a civil case in Middlesex Superior Court wherein a creditor equipment leasing company had sued both my client and his company and was later attempting to attach my client's residen...

A. BY NOT HAVING A REASONABLE ATTORNEY'S PROVISION IN YOUR CONTRACT OPENS YOUR COMPANY UP TO LITIGATION AND MORE FEES. Suppliers and vendors who do not have reasonable attorney's fees either in their credit applications, contracts and/or personal guarantees are asking for trouble. If your compan...

fficationA. IF YOUR COMPANY HAS A CONTRACT, YOU MAY BE WELL SERVED BY INCLUDING CERTAIN KEY PROVISIONS IN ORDER TO FULLY PROTECT YOUR COMPANY'S LEGAL INTERESTS. In last week's blog, I discussed how to make your company's contract bulletproof by discussing the areas of attorney's fees, assignment...

A. IN ORDER TO MAKE YOUR BUSINESS CONTRACTS AS "BULLETPROOF" AS POSSIBLE YOU NEED TO INCLUDE CERTAIN TERMS AND PROVISIONS IN ORDER TO FULLY PROTECT YOUR COMPANY'S LEGAL INTERESTS. From having tried many, many contract cases and having put together numerous contracts for various clients I can tel...

A. IN MASSACHUSETTS A LANDLORD CANNOT CHARGE A PET DEPOSIT FEE BUT CAN REQUIRE RENTER'S INSURANCE FROM A TENANT. During this past week, I was asked by a landlord/client if he could assess certain fees against a tenant. He was looking to have language in both his lease and pet addendum to impose ...

A. WHEN HIRING AN EMPLOYEE FROM A COMPETITOR MAKE SURE YOU DOT YOUR I'S AND CROSS YOUR T'S. As an employment lawyer we know that non competition and non-solcitation agreements typically assist employers in protecting their legitimate business and legal interests. When properly drafted and implem...

A. In today's workplace, it is not uncommon for employees to date other employees. Your company had better have a plan of action in place once this situation occurs or else you will get bitten by more than just Cupid. On June 21, 2018, Intel's CEO resigned after conducting a past consensual rela...

A. HAVING THE DEPARTMENT OF LABOR AUDIT YOUR PAYROLL AND EMPLOYMENT RECORDS IS NEVER AN EASY TASK. YET, KNOWING HOW TO HANDLE SUCH AN AUDIT CAN MAKE IT BOTH EASIER AND LESS STRESSFUL ON YOUR COMPANY. Recently, I have had the experience of working with a client on handling a Department of Labor a...

A. IF YOU STAY AWAY FROM ASKING THESE QUESTIONS, YOU WILL ALSO STAY AWAY FROM LIABILITY. Many small employers are not in the position of having a designated human resources department. With smaller budgets to work with, many of these companies have no human resources department or have one perso...