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Category Archives: General

Door-to-Door sales business

List of ‘Do Not Knock’ Towns is Growing

By The Jacobs Law, LLC |

If you haven’t heard of “Do Not Knock” laws yet, you will soon. And if you own or operate a business that does any door-to-door sales, you need to be aware of these local / municipal ordinances.  In Massachusetts Haverhill, Methuen and most recently, Marlborough, among potentially others, have all passed ordinances that prohibit door-to-door… Read More »

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nonpayment of wages and overtime

Are Some District Courts Overcharging Plaintiffs?

By The Jacobs Law, LLC |

Recently, our offices received a phone call from a District Court clerk’s office requesting an additional $360 for a complaint filed earlier that week. The complaint filed with the District Court was for breach of contract by 3 plaintiffs against 2 defendants. Our offices submitted the usual filing fee for a district court complaint, which… Read More »

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anti-sandbagging provision

Selling a Business? Don’t Get ‘Sandbagged’!

By The Jacobs Law, LLC |

In the context of selling or buying a business, the term “sandbagging” refers to when the buyer in an acquisition agreement (asset purchase agreement or purchase and sale  agreement)  seeks post-closing indemnification for breaches of representations and warranties that the buyer was aware of prior to signing the acquisition agreement, or in some cases, closing the… Read More »

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SJC Issues Narrow Ruling Allowing Classification of Real Estate Agents as Contractors

By The Jacobs Law, LLC |

On June 3rd, 2015 the SJC ruled in Monell, et al. v. Boston Pads, LLC, et al., that the Real Estate Licensing Statute G.L.c. 112 §87RR (“Real Estate Licensing Statute”) trumps the Massachusetts Independent Contractor Law (G.L.c. 149, §148B) for purposes of determining whether real estate salespersons must be classified as employees or independent… Read More »

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MA Sick Time Law Effective July 1, 2015

By The Jacobs Law, LLC |

Tick Tock Goes The Sick Time Clock… The new Massachusetts Earned Sick Time Law takes effect on July 1, 2015, and will likely lead to the next wave of ‘wage and salary’ type lawsuits in Massachusetts. Your business needs to comply or it could be subject to civil citations of up to $25,000 per… Read More »

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The Jacobs Law Successfully Opposes Summary Judgment; While Court Opens Door to ‘Special Duty’ – C.A. No. 2010-2570-D, July 7, 2014

By The Jacobs Law, LLC |

The Jacobs Law LLC represents the estate of a man killed in a car accident on Route 95 on May 22, 2009. The deceased man was one of two passengers who died and others that were injured when a vehicle drifted out of its lane and struck a second car causing that car to… Read More »

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You’re invited to “Legal Issues in Startups: From Company Formation to IP”

By The Jacobs Law, LLC |

Why is a C Corporation preferable to an Limited Liability Company (LLC)? How do you determine a fair equity split among the founders? Is crowd-funding right for you? Does the Intellectual Property (IP) your business startup is built on belong to your previous employer, to you or to the business startup? Why should you… Read More »

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So You’re an Independent Contractor – Now Hire Independent Counsel to Review Your Services Contract

By The Jacobs Law, LLC |

Independent Contractors have become more and more common these days due, in part, to economic conditions and businesses’ unwillingness or inability to hire employees, an individual’s need to work multiple jobs, and/or other policy-related issues such as state or federal healthcare requirements if a business has a minimum number of full time employees. In… Read More »

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When Attorneys Say Dont Talk to the Insurance Company Without First Speaking to Your Attorney After an Accident or Other “Loss”, That Includes Your Own Insurance Company Too!! Here’s Why…

By The Jacobs Law, LLC |

Although people seem to have gotten the message that they should never speak with the opposing insurance company or any of its representatives without first speaking to their attorney, this message has been lost when it comes to their own insurance company. I have recently come across several examples where one’s own words and… Read More »

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A Note on Small, Locally-Owned Liquor Stores in Massachusetts and the Alcohol Sales Tax

By The Jacobs Law, LLC |

What ever happened to the sales tax on alcoholic beverages? In November 2010, the Massachusetts sales tax on alcoholic beverages was voted out by a margin of just under 4%. The sales tax on alcoholic beverages lasted just over one year (enacted on August 1, 2009 and repealed January 1, 2011), which is remarkable… Read More »

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