The Innovator’s Counsel – “E-Discovery” In The Modern Legal World, Vol. 1 –> What is It?
For those who have been involved in formal litigation, you will recognize the term “discovery” as meaning the phase in a lawsuit where the parties attempt to gather as much factual information as possible from one another. One of the primary tools lawyers use to get at this factual information are written...
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The Law that Now Protects Domestic Workers in Massachusetts
For those private homeowners who employ people to perform domestic or child care work in their homes, a new law has emerged regarding the rights of these workers. The new Domestic Worker’s law in Massachusetts – called the Domestic Workers Bill of Rights – took effect on April 1, 2015 (M.G.L. ch....
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The Schoolyard Lawyer: Massachusetts Bullying Study
The Boston Globe reported that one in four students in Massachusetts schools are victims of bullying. A recent study conducted in middle schools and high schools across Massachusetts found a link between bullying and violence in the home. The study found that students who had been physically hurt by a family member...
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The Innovator’s Counsel: Default LLC Provisions in Absence of an Operating Agreement
As noted in previous IC blog posts, Massachusetts has codified its Limited Liability Company (“LLC”) laws at Mass. Gen. Laws c. 156C (“MA LLC Statute”). In the event individual members of an LLC fail to contemplate and adopt a comprehensive Operating Agreement outlining the LLC and individual members’ rights, responsibilities and operating...
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The Schoolyard Lawyer: Parents’ Right to an Independent Evaluation
Every time a school district conducts an uation of a child, the parents have the right to an independent uation. An independent uation is an uation done on the child outside of the school district. It gives the parents the opportunity to research credible doctors and uators who can conduct an uation...
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The Innovator’s Counsel: Massachusetts New Earned Sick Time Law
As of July 1, 2015 (the “Effective Date”), employers in Massachusetts must be prepared to deal with the implications of a new law regarding earned sick time. The new law requires employers who employ eleven (11) or more people to grant their employees the right to accrue paid sick leave up to 40 hours...
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The Innovator’s Counsel: Fiduciary Duty Claims – The “Freeze Out”
Previous IC blog posts have discussed the concept of “fiduciary duties” in a closely held corporation (e.g., one whose stock is not freely traded and is held by only a few shareholders) in general terms. This post discusses just one of a whole host of business litigation claims that are brought in...
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Massachusetts Tax Update: Governor Baker Announces Plans for a Fiscal 2016 Tax Amnesty
On Saturday, February 28, 2015, Governor Charlie Baker issued a press release stating that the 2016 fiscal year budget will include a tax amnesty program.[1] Unlike the tax amnesty program for the 2015 fiscal year—which was limited to business and individual taxpayers who have already been assessed by the DOR for certain...
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The Innovator’s Counsel: What Are Fiduciary Duties In a Closely Held Corporation?
Shareholders in a closely held corporation (e.g. a corporation whose stock is not freely traded and is held by only a few shareholders) owe fiduciary obligations to one another. The extent and parameters of these obligations is the subject of great tension between what the courts say should happen and what actually...
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The Innovator’s Counsel: LLC Basics – “Limited Liability,” What is it Good For?
It should come as no surprise that just because your business is registered as an LLC, you are not completely shielded from potential liability. Indeed, LLC stands for limited liability companies, reflecting the notion that perhaps some liability exposure remains. Section 22 of the Massachusetts LLC Statute, codified at Mass. Gen. Laws c. 156C, (“MA LLC...
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The Innovator’s Counsel: LLC Basics – Rights and Duties of Members
For purposes of this post, we want to talk about the rights and duties of LLC “members” without regard to whether an individual qualifies as a “member” – more on that another day.
The rights and duties of LLC members fall into three basic categories:
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The Massachusetts Physician License Application: 9 Traps to Avoid
Massachusetts has a reputation for having one of the most challenging physician license applications in the U.S. The Massachusetts Board of Registration in Medicine (“MA Medical Board”) is strict, exacting and concerned about the slightest flaw or inconsistency on your application or in your background.
The MA Medical Board...
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