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...
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...
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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...
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