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Category Archives: Business Litigation

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The Reason Why Your Small Business’s Assets Are Protected Best By Local Banks

By The Jacobs Law, LLC |

Most small-business owners in Massachusetts understandably maintain accounts at nationally recognized and reputable banks. However, clever business litigation lawyers would suggest small- businesses avoid these types of accounts. During litigation, both parties focus on winning arguments and having courts rule in their favor. Unfortunately, lawyers who have experience winning judgments quickly learn that winning… Read More »

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Three Shocking Pitfalls for Condominium Developers

Three Shocking Pitfalls for Condominium Developers

By The Jacobs Law, LLC |

In Massachusetts the appeal of condominium ownership continues to grow. Both the Warren Group and the Massachusetts Association of Realtors reported that in March of 2018 the median sale price of a condo was significantly greater than that of a house. This median sale price has grown 16 to 20 percent compared to a… Read More »

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Businesses and Employers should use caution when terminating an employee

Massachusetts Court Kicks Non-Compete Breach Suit to California

By The Jacobs Law, LLC |

The case discussed here is a fact pattern that has come through The Jacobs Law previously. A California employer with multiple offices throughout the United States has an employee who works in California and enters into an employment {contract, agreement} that contains a {non-compete, non-competition} provision. However, California has essentially banned {non-compete, non-competition} restrictions on employees… Read More »

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liability for third party harassment

Uber’s Legal Issues Are Not Unique

By The Jacobs Law, LLC |

…Your Business Will Face Them Too Small technology companies and young tech-world entrepreneurs probably look at Uber and dream of what could be. In many ways, Uber is a model of business success.  However, in the last few years Uber has been subject to class action wage and salary lawsuits (unpaid overtime, misclassification of workers) in… Read More »

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unpaid overtime claims

Employers Outside MA Cannot Escape Massachusetts Wage Act Claims

By The Jacobs Law, LLC |

Out-of-State Employers Subject to Massachusetts Wage Act Claims Out-of-state employers can no longer hide behind a wall of jurisdiction when determining the forum for wage act cases. The 1st Circuit Court of Appeals recently concluded in Cossart v. United Excel Corporation, et al., that a federal court in Massachusetts could exercise personal jurisdiction over a Kansas… Read More »

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Independent Contractor Statute

Massachusetts Sick Time Complaints Have Begun to Roll In

By The Jacobs Law, LLC |

The Sick Time Clock…Has Run Out of Time. The new Massachusetts Earned Sick Time Law took effect over 5 months ago on July 1, 2015. As predicted, the latest wave of ‘wage and salary’ type complaints and lawsuits in Massachusetts are trickling in to my plaintiff-lawyer colleagues. Do not underestimate the consequences of failing to… Read More »

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CA Labor Commission Deals a Potentially Devastating Blow to Uber and Other Startups Using Independent Contractor Model

By The Jacobs Law, LLC |

The California Labor Commission recently ruled that a former Uber driver was improperly classified as an independent contractor and was instead an employee. While the decision only involves the claims of one former driver of the ride-sharing startup, it could have a rippling affect through not only Uber and its on-demand ride competitor Lyft,… Read More »

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Arbitration Firms Hold Awards Hostage

By The Jacobs Law, LLC |

Arbitrator/arbitration firm fees can be hefty. Typically, both parties are responsible for 50% of the fees incurred. But when a party fails or refuses to pay their share of the fees after the arbitration hearing but before the award is issued, the other party may be forced to double down; resulting in a gamble that may very well do more harm than good.

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Employer is Liable to Employee for Harassment by Non-Employee

By The Jacobs Law, LLC |

Remember the good ole’ days when an employer only had to worry about liability for its own employees harassing its other employees? Well, those days are gone forever. Recent federal and Massachusetts case law demonstrates without a doubt that employers are liable to their own employees who have been subjected to harassment by non-employee third parties. Of… Read More »

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mediations and arbitrations

Pitfalls For Startups – Memorializing Co-Founder Intentions

By The Jacobs Law, LLC |

Business insiders and investors are well aware of the astronomical sums that many high-tech startup companies have been purchased for recently. Judging by headlines, it seems as if $1 Billion is the going rate for the acquisition of any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Read More »

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