In a recent case, I was involved in representing both a rental trucking company in Western Massachusetts and its owner against the enforcement of a personal guarantee. My clients signed both a truck rental contract and a "purported" guarantee at the outset of the transaction between the parties. ...
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...
With some many business now moving to remote locations, I have heard from a number of new clients regarding the steps involved in starting a home business. Despite the presence of Covid-19 it is predicted that new business, particularly new home business, is going to skyrocket over the next few y...
For most home improvement contractors currently operating in Massachusetts
In this time of national crisis, there are going to be a lot of people who try to walk away from their obligations. In Massachusetts, we have a host of different creditor's remedies available to both judgment and non-judgment creditors. Whether you have obtained a judgment or are just beginning a...
In my last blog, I discussed the importance of alternative dispute resolution as an alternative to resolving business disputes in court. Business disputes are contentious, costly and complex, whether they arise from a breach of a commercial lease or result from allegations of fraudulent conduct. ...
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...
The Massachusetts Consumer Protection Act, G.L.c.93A, sections 2 and 9 prohibits businesses from engaging in unfair and deceptive trade practices against consumers. Litigation under G.L.c.93A can be an expensive proposition for any company because of the potential liability under the statute. Cha...
As head of your small business, you have run into a roadblock on a particular issue. You cannot resolve the same on your own and now it is time to hire a consultant. Recently, I had the occasion to represent a company that found its way into litigation with a consultant over a consulting contract...
Over and over again I have several clients who come to our firm as it relates to breach of contract cases. Invariably, I will ask them to produce a contract or agreement that delineates the rights and liabilities of the parties to the agreement. When the contract cannot be produced the reason pro...
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...
Over the course of many years, clients have come to me after opening their businesses only to realize that they had overlooked protecting their interests. While in some cases we have been able to remedy any problems after the fact there are those many situations where the damage has already been ...
Every year, businesses in Massachusetts have to review their policies and procedures to make sure they are in compliance with any new state, federal, and local regulations. Going into effect on September 30, 2019, all private employers in Massachusetts will have to comply with the Paid Family and...
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...
Finding the right physical space to get your startup off the ground is an important part of a new business. Working from home or even your garage may be a good way to save money when it is just a couple of people but eventually, you will need more space to collaborate with your growing team. Co-w...
Buying into a franchise can be financially rewarding for a business owner. However, there are always risks with any business enterprise, including franchises. A franchise circular makes it clear that the franchisor is not providing any guarantees of success with the opening of any franchise and p...
A. IF YOU RUN A BUSINESS, WHETHER IT AS A CORPORATION OR PROPRIETORSHIP, YOU WILL NEED TO CONSIDER PURCHASING DIFFERENT KINDS OF INSURANCE IN ORDER TO COVER YOUR BUSINESS RISKS. While there are many reasons for considering the purchase of insurance for your business, the Small Business Administr...
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...
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