Over the course of nearly 40 years representing businesses in Massachusetts, the attorneys at the Katz Law Group have been asked thousands of questions about business and contract law.
Here are answers to just some of the most frequently asked questions that we have received over the years.
Contracts
Crafting an effective an enforceable contract is not always easy. Even experienced businesspeople make mistakes. Our attorneys have helped people who have asked:
- What type of mediation or arbitration provisions should I include in a commercial contract?
- How can suppliers and vendors protect themselves with attorneys' fees and costs provisions in their contracts?
- At what point does an email become a binding contract?
- When does a text message become a binding contract?
- Can my company use contracts to manage online reviews under the Consumer Review Fairness Act?
- Can non-solicitation and non-compete agreements impact hiring away a competitor's employee?
- Why is doing business on a handshake a bad idea?
- What makes for a good consulting agreement?
- Will my business insurance contract cover financial losses from the COVID pandemic?
- What is a liability limitation provision in a contract?
- Can I use a contract to avoid liability for unfair trade practices?
- What is the difference between a void contract and a breach of contract?
- Is it worth it to get my contract reviewed by a lawyer before I sign it?
- Do I need a partnership agreement if I go into business with someone else?
- What is a release and settlement agreement?
- What are liquidated damages?
- Can I recover damages for a breach of contract if there was no written contract?
Real Estate Law
There is no end to the different ways in which landlords and tenants can disagree with one another. Some common questions that our real estate attorneys have been asked include:
- As a landlord, what do I have to do if my tenant prematurely terminates the lease?
- How do I get out of a timeshare?
- Do I really need a lawyer to draft or review a commercial lease?
Employment Disputes
There have been lots of changes in employment law over the past few decades in Massachusetts. This might be why our employment attorneys have been asked:
- What do I need to know about resume fraud?
- What do employers need to do when performing a background check?
- What questions should never be asked during an employee interview?
- How can my business avoid liability for my workers' use of Twitter or other social media outlets?
- What do employers need to know about employment discrimination and harassment?
- Should employers be concerned with employees blogging in the workplace?
- Are there any good ways to prevent data theft in the workplace?
- What do employers need to know about providing holiday bonuses?
- What are some common problems with company policies that allow employees to bring their pets to the workplace?
- How can I create an effective company cell phone policy?
- What do employers have to do in order to comply with the Personnel Records Law?
- How should I handle an audit by the Department of Labor?
- How can I avoid a lawsuit and hire a competitor's employee?
- What steps do Massachusetts companies have to take to legally hire an intern?
- How do I correctly hire gig workers or independent contractors?
- Does my company have to comply with the Paid Family and Medical Leave law?
- Can franchisees become employees of their franchisor?
- Does Massachusetts use the FLSA test for joint employers?
- Is the job offer enough to make a non-compete clause legally binding?
- Can I require my workers get the COVID vaccine?
- Are there other ways to get my employees to get vaccinated against COVID?
- What do business owners need to know about providing paid time off to employees?
- What do I need to include in an executive severance agreement?
Small Business Law
Small business owners have to wear many different hats and have to know and handle all of the different aspects of their business venture to make it work. Our small business attorneys are often asked about:
- What are the most important things to consider when starting a home business?
- What do I need to know before I buy or sell a business?
- What are some of the most common mistakes made by small business owners, and how can I avoid them?
- What type of mediation or arbitration provisions should I include in a commercial contract?
- How can I get business credit as a new business?
- What types of insurance are good for a small business to have?
- What kinds of lawsuits do small businesses tend to face?
- When should I move from a coworking space to my own business property?
- What makes for a good consulting agreement?
- Will my business insurance contract cover financial losses from the COVID pandemic?
- What practical and legal issues does the coronavirus pandemic raise for my small business?
- What do I need to do in order to provide my employees with paid time off?
- What do I need to know before hiring employees for my small business?
- Do I need a partnership agreement if I go into business with someone else?
Construction Issues
Contractors, builders, homeowners, and businesses often ask our construction lawyers about things like:
- How can an attorney help home improvement contractors avoid liability and stay out of trouble?
- What do contractors and suppliers need to know about the Massachusetts mechanic's lien law?
- What are some common contractor-to-contractor disputes?
Unfair Trade Practices
Unfair trade practices is a hot area of the law in Massachusetts. Whether you are a customer who has been defrauded or a business facing accusations of wrongdoing, our attorneys can help answer your questions, like:
- How do I draft a consumer demand letter under G.L.c. 93A, Section 9?
- What should I do if I have received a chapter 93A consumer protection demand letter?
- What are some things that companies should consider when facing a Chapter 93A complaint?
- How can I avoid a lawsuit and hire a competitor's employee?
- Can I use a contract to avoid liability for unfair trade practices?
Arbitration and Mediation
Many business issues end up getting resolved through arbitration or mediation. Most businesses want them to, in order to avoid the costs and the publicity of going to court. Unfortunately, this can raise more questions about the process, like:
- What type of mediation or arbitration provisions should I include in a commercial contract?
- When is mediation a good idea?
Franchise Law
Opening a franchise is a popular way to get into the business world. However, it also comes with its own risks and rewards. Our franchise litigation attorneys have helped clients with the following questions:
- What should be on my mind if I am thinking of starting a franchise?
- What are 4 things to consider before purchasing a franchise?
- Do I need to read the disclosure document before buying a franchise?
- What are good debt ratios for restaurant franchisees to have?
- Can franchisees become employees of their franchisor?
- What is a master franchise?
- How do I handle the commercial lease for my franchise?
Internet Defamation
Unhappy customers have every right to complain about a business. But when they make statements that are verifiably false, it can damage a company's reputation and can amount to internet defamation. Business owners have often asked us things like:
- How can my business avoid liability for my workers' use of Twitter or other social media outlets?
- Should employers be concerned with employees blogging in the workplace?
- How can my company manage bad online reviews under the Consumer Review Fairness Act?
Business Law
Our attorneys also get asked some questions about business law, in general, like:
- How can suppliers and vendors protect themselves with attorneys' fees and costs provisions in their contracts?
- Do I need an engagement letter when I engage with an attorney?
- What should I do if my company is facing a lawsuit?
- What are my company's obligations under the new Massachusetts law on paid family and medical leave?
- What practical and legal issues does the coronavirus pandemic raise for my small business?
- What do foreign nationals need to know before opening a business in the U.S.?
Massachusetts Business and Contract Lawyers at the Katz Law Group
These are just some of the issues that our attorneys have resolved for clients in Marlborough, Framingham, Worcester, and the rest of Massachusetts. Contact us online or call our law office at (508) 480-8202.
