Blog

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...

During this very turbulent time, there are a few, key things your business needs to do in order to maintain, to the best of its ability, its financial health. Here are some items your business needs to consider immediately as follows: 1. If you cannot perform under the terms of any existing cont...

It would perhaps be an understatement to say Covid-19 is the most all-encompassing crisis this country has faced. If the crisis has not affected your company's business interests yet it will soon. As a small law firm designed to help small businesses, the Katz Law Group invested time and energy s...

As the Coronavirus or its new namesake Covid-19 sweep across the nation, the economic effects of the virus are not just being felt on Wall Street. Businesses, both small and large, are now scrambling to find ways to maintain their productivity and maintain employee health. As the virus proceeds t...

From the very first day a new business owner opens a business, he takes on the risk. Before the first employee is hired and before the first invoice is sent, your new business needs to have an insurance plan in place to confront the plethora of challenges that the marketplace has to offer. 1.Com...

There are a number of benefits for employers hiring independent contractors instead of employees. Independent contractors can take care of specific projects, seasonal work, and offer more flexibility for business needs. However, a number of states, including Massachusetts, have made it more diffi...

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...

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...