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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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Minutebooks: How Avoiding Seemingly Mundane Paperwork Can Cost Your Business Dearly

By The Jacobs Law, LLC |

Corporate entities must be sure to keep excellent paper records which are orderly and up-to-date. Failure to properly maintain corporate business records creates unnecessary problems with the IRS, jeopardizes the limitation of liability for corporate officers, and hurts your business’s reputation with potential buyers or lenders. A typical minutebook should include at a minimum:… 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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USPTO Introduces Pilot Program To Fight Fake Specimens – What You Need To Know

By The Jacobs Law, LLC |

As more companies have stressed the importance of brand protection, the USPTO has seen an increase in trademark applications. Often, Applicants apply for trademarks with a broad scope of goods and services, as they do not know how they are going to grow and expand as a company. When filing an in-use application, some… Read More »

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What Do I Do If My Trademark Has Been Opposed?

By The Jacobs Law, LLC |

A few months after filing your trademark, you will hear from a Trademark Examiner regarding your application. Assuming there are no issues, an Examiner will publish your mark for “opposition.” This blawg will explain what it means to have an application published for opposition, and this process with the Trademark Trial and Appeals Board… 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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