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Category Archives: Business / Corporate Law

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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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Considerations to Remember When Vetting Prospective Employees

By The Jacobs Law, LLC |

Due to workplace safety concerns, background screening is a universal practice for employers. Companies must know that applicants possess the promised credentials, do not have a history of fraud/theft, and will not pose a threat to others. However, Massachusetts public policy often leans in favor of employees at the expense of employers. Criminal record… Read More »

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An Update Regarding Arbitration Clauses For Employment:Independent Contractor Agreements

An Update Regarding Arbitration Clauses For Employment/Independent Contractor Agreements

By The Jacobs Law, LLC |

Many business owners have multiple employees and/or rely on independent contractors to perform services related to their business. Anyone who has sought legal counsel from The Jacobs Law LLC on the use of independent contractors (especially in Massachusetts) knows that doing so is a legal minefield. (Here is an old blog we wrote on… Read More »

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“EMPLOYEE” OF CONTRACTOR NOT BOUND BY ARBITRATION CLAUSE IN CONTRACT BETWEEN CONTRACTOR AND UP-THE-CHAIN THIRD PARTY

By The Jacobs Law, LLC |

Business owners typically have little trouble with enforcement of arbitration agreements against disgruntled contractors or employees. Written arbitration agreements are difficult to overturn and are usually enforced; even in the context of employment agreements. However, In Ouadani v. TF Final Mile LLC (fka Dynamex), 876 F.3d 31, 33 (2017), the 1st Circuit Court of… 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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What is Trademark Incontestability?

By The Jacobs Law, LLC |

A trademark can quickly become a significant asset for a business as it is a source identifier to consumers and competitors of your brand. After obtaining a federal trademark registration, you may think you are finished with the trademark process. Once the mark is registered, you must continue using the mark in commerce, and… Read More »

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How do I use Trademark Symbols?

By The Jacobs Law, LLC |

As many companies are using a trademark, they often use the ® or TM symbol following their logo or company name. As a trademark owner, it is important to know when you should use these symbols, and more importantly, how they should be used. To begin, it is necessary to recognize the symbols that… Read More »

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How Do I Change My Business Name?

By The Jacobs Law, LLC |

Suppose you decide you would like to change the name of your business or due to the sale of your business assets (including your tradenames, trademarks and brand names) you now need to change your business name. There are right and wrong ways to do so. It is likely you have created consumer brand… Read More »

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business law and litigation

Corporate Shield Only Extends So Far

By The Jacobs Law, LLC |

The notion that a corporate officer cannot hide behind their corporate shield when they have themselves committed a tort, was recently reaffirmed in Karasavas v. Gargano, 87 Mass. App. Ct. 1125, 31 N.E.3d 1191 (2015). In this case, the Court reasoned that “because ‘[a] corporation is a creature of the law,’ which can only… Read More »

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Vicarious Liability: Can a Business Be Liable for the Tortious Acts of Employees?

By The Jacobs Law, LLC |

Every business relies on employees to use sound judgment and make responsible decisions within the scope of the employment. Effective employees work well under limited supervision, assist customers, help the business move towards its goals, and everyone benefits. What happens when employees act unreasonably, out of the scope of employment, and, as a result, damage… Read More »

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