Category Archives: Civil Litigation
Fraudulent or Negligent Misrepresentation
In the business world today where contracts govern almost every move a employer or employee makes, fraudulent and negligent misrepresentation claims have become much more common in the context of business litigation. In order to succeed on a claim for fraudulent misrepresentation, the plaintiff must satisfy the following five elements: Prove the defendant made… Finish Reading Fraudulent or Negligent Misrepresentation
Potential Pitfalls for Startup Founders
Business insiders and investors are well aware of the astronomical sums that have been paid to purchase many high-tech startups recently. Judging by the headlines, it seems as if a minimum of $1 Billion is standard for acquiring any hot new mobile app these days. Just look at Facebook’s acquisitions of Instagram (roughly $1… Finish Reading Potential Pitfalls for Startup Founders
New Standard for Employer Liability under MA Wage Act
Recently determined in the Superior Court of Massachusetts was the applicability of the Single Integrated Enterprise Theory to Wage Act Claims. The judge in Fitzgerald, et al. v. The Chateau Restaurant Corporation, et al., determined that restaurant managers who worked for the same chain but at different, separately incorporated locations could bring a class-action lawsuit against… Finish Reading New Standard for Employer Liability under MA Wage Act
Copyrights: Derivative Works vs. Joint Works
In a recent copyright infringement case, (Greene v. Ablon, 2015 U.S. App. LEXIS 12305 (1st Cir. Mass. July 16, 2015) the 1st Circuit Court of Appeals affirmed a jury’s $19,000 award to the plaintiff, even though the trial court initially made an error in analyzing the plaintiff’s claim. The Appeals Court reasoned that the trial… Finish Reading Copyrights: Derivative Works vs. Joint Works
Section 230 Immunity Has Its Limits
INTRODUCTION: There has been quite a bit of noise around a federal statute that immunizes website and mobile application owners and operators from liability for certain conduct. This statute is 47 U.S. Code Section 230 “Protection for Private Blocking and Screening of Offensive Material” or more commonly known as “Section 230” of the Communications… Finish Reading Section 230 Immunity Has Its Limits
Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins
DECISION: A Pennsylvania Federal Court just dismissed a lawsuit brought by a group of restaurateurs (this is the correct spelling) seeking to force The Hartford Insurance Co. to provide business interruption insurance coverage related to COVID-19 and government closure orders. The Court dismissed the lawsuit this week. In dismissing the lawsuit, the Court concluded… Finish Reading Business Interruption Insurance Case – Lansdale 329 Prop LLC et al v The Hartford Ins
Technology in the Office
Technology has become an integral part of our daily life both personal and work. Technology can make operating your business easier and more efficient. However, the increased use of more invasive technology has given rise to employee and staff privacy concerns. According to Norton (an international virus software provider), around 65% of businesses have… Finish Reading Technology in the Office
Quick Tips: Trademarks
“A rose by any other name would smell as sweet” worked well for Shakespeare, but the concept may apply when it comes to your business name, branding, DBA names, mottos, slogans and taglines. You want your ‘rose’ to only be called ‘rose’ to avoid a confused consumers believing that the rose of another is… Finish Reading Quick Tips: Trademarks
Massachusetts Wage and Hour Laws: The Workweek
The first installment in this series is about the “workweek.” The Fair Labor Standards Act (FLSA) describes the workweek as “a recurring period of seven consecutive 24 hour periods” that can begin on any day of the week. This “work week” is fixed, as well as independent of the actual hours worked by the… Finish Reading Massachusetts Wage and Hour Laws: The Workweek
Massachusetts Wage and Hour Laws: An Introduction
We are beginning a series where we delve into the different laws that are addressed in the Federal Fair Labor Standards Act, and hopefully help you avoid mistakes that can be detrimental to your business. This act details exactly how to calculate your employee’s compensation, and what you can and can’t do regarding overtime… Finish Reading Massachusetts Wage and Hour Laws: An Introduction
