The Innovators’ Counsel: The ADA And Your Small Business – Public Accommodations
Title III of the Americans with Disabilities Act (hereinafter “ADA”) requires public accommodations to provide goods and services to people with disabilities on an equal basis with the rest of the general public. The stated goal is to afford every individual the opportunity to benefit from our country’s businesses and services, and...
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The Innovators’ Counsel: Fiduciary Duty Claims – Interference with Contractual or Business Relations, Vol. 2
Our last IC post began exploring the business litigation tort of interference with contractual or business relations. As previously noted, such claims typically arise in the context of business competition; e.g., where one party who has been unsuccessful in retaining or winning a third party’s business alleges improper interference by the successful competitor.
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The Innovators’ Counsel: Fiduciary Duty Claims – Interference with Contractual or Business Relations, Vol. 1
In early April, IC explored the business tort know as a “freeze-out.” (April 6, 2015 IC post). Another claim that is often asserted in business litigation is interference with contractual or business relations. Interference with business relations and interference with contractual relations are actually two separate torts (distinguished below). Such claims...
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The Innovator’s Counsel: Safe Harbor Period for Massachusetts New Earned Sick Time Law
Recently, the Innovator’s Counsel notified you of the new Massachusetts statute regarding earned sick time (previous post), which is going into effect on July 1, 2015. However, the Office of the Attorney General of Massachusetts, the office tasked with the enforcement of the new statute, recently released a notification informing the public that...
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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 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 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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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 Innovator’s Counsel: Financial Due Diligence – Let’s Buy a Company!
The primary objective of financial due diligence is to develop a comprehensive and focused review to assist a potential buyer in the uation of a target business (“Target), usually in connection with a transaction.
When you’re considering buying a company, or some part of it, the performance of proper...
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