Selling Retail
Retail businesses are unique. Smaller businesses succeed through the vision and hard work of one or two individuals, often family members. As the operations grow and owners find it challenging to be present at all times, managers take on greater roles. If online sales supplement sales from brick and mortar stores, these...
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Aiding and Abetting a Breach of Fiduciary Duty
Most businesses are run through legal entities like corporations or LLCs that in turn may be owned by other corporations and LLCs. These entities are legally separate from the individuals who own or manage them, which is one of the reasons corporations may not represent themselves in court. However, individuals can sometimes...
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20 Questions: Is Your Business Partnership in Trouble?
While occasional conflict between partners is a sign of a healthy business, and while
some business partners just have high volume communication styles, persistent
issues may indicate deeper problems. On the other hand, if partners never disagree,
it may mean they are avoiding conflict. If you are concerned, you can ask yourself (and your partner)...
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some business partners just have high volume communication styles, persistent
issues may indicate deeper problems. On the other hand, if partners never disagree,
it may mean they are avoiding conflict. If you are concerned, you can ask yourself (and your partner)...
Seeking a Fair Hearing When DCF has Supported an Allegation of Neglect or Abuse Against You
Has the Department of Children and Families (“DCF”) supported an allegation of neglect or abuse against you, or found there to be a substantiated concern of neglect or abuse of your child or a child for whom you are a caregiver? If so, you have a right to appeal the decision by...
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The Corporate Transparency Act Is Off Again – For Now
After years of back-and-forth drama, the Corporate Transparency Act appears to have been defanged, at least for the moment. Until nationwide injunctions brought the process to a halt late last year, most newly formed and small entities were required to file a report with a branch of the U.S. Treasury Department called...
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New Federal Rule Banning Noncompetes; Exception for Sale of a Business
On April 23, 2024 the Federal Trade Commission issued a final rule banning certain noncompetition agreements in the United States.
Many clients have been asking how this new rule impacts noncompetition agreements entered into in connection with the sale of a business. Answer: Under § 910.3 (a) of the rule, the FTC...
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Plagiarism – What Is It?
All colleges and universities have codes of conduct that include some variation of an academic honor or integrity code. These policies codify the school’s definition of cheating and plagiarism – two areas where students can often find themselves in trouble. Plagiarism, especially, seems to cause confusion with students.
We...
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PFML PART 2-Caring for a Family Member with a Serious Health Condition
Most benefits offered under Massachusetts’ Paid Family Medical Leave (“PFML”) went into effect January 1, 2021. Beginning July 1, eligible employees may now apply for benefits (including up to 12 weeks of leave) to care for a family member with a serious health condition. For the purpose of PFML’s leave to care...
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You Received a Certified Letter and the Return Addressee Is the Board of Registration in Medicine: 10 Do’s and Don’ts to Protect Your Professional License
A certified letter arrives with a dreaded return address: “Board of Registration in Medicine, Wakefield, MA.” Now what?
1. Do not respond hastily. Resist the temptation to answer it yourself immediately, in the hopes that a...
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Massachusetts Appeals Court Clarifies Condominium Unit Owners’ Rights to Protest Condominium Fines and Late Fees
A recent 2021 decision rendered by the Appeals Court in Trustees of 10 Porter Street Condo Trust v. Cerda has clarified the rights of unit owners to protest the payment of fines and late fees associated with the payment of monthly condo fees.
In the 1994 case of Blood v. Edgar’s Inc.,...
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Think Your Homestead Gives You Absolute Protection…Well, Think Again
A homestead declaration is a valuable tool, and we recommend it. It is simple and inexpensive and gives qualified homeowners a valuable shield against creditors’ demands. But there are limits to the protection that shield offers, as described in the recent decision of the Appeals Court in Hartog, Baer & Hand, A.P.C. v....
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Getting to “Normal” – COVID-19 Vaccinations: Vol. 1 Historical Vaccination Mandates
There is a lot of excitement about the release of various vaccines for the novel coronavirus and getting back to “normal.” However, there has been less discussion about what will happen on the road to “normal” – including implementation of the vaccines and whether there is significant appetite for taking the vaccine....
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