by James L. Rudolph The interpretation of laws applicable to software protection can be more complicated than the software itself. But for software developers, there are some basic considerations to take into account when deciding how to protect your software.
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by James L. Rudolph, Esq. As a small business grows, it is not unusual for a critical or key employee to ask the owner for stock in the company, or for an owner to believe that providing stock to key employees is appropriate, and may even be necessary to keep the employee. For a restaurant […]
by James L. Rudolph, Esq. and Robert P. Rudolph, Esq. In a first of its kind ruling by a Massachusetts Superior Court judge providing guidance on the applicability of the integrated enterprise and joint employer theories to Massachusetts Wage Act claims, the Honorable Bruce R. Henry has held that restaurant managers who worked for the […]
by James L. Rudolph Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project. This is accomplished through the use of so-called “indemnification” clauses, “hold harmless” provisions, and “additional […]
By James L. Rudolph, Esq. Many companies are initially organized as a “close” corporation, in which shareholders and decision makers are often one in the same. Under most state laws, the shareholders in a close corporation enjoy certain rights and have obligations that are unique. Therefore, a basic knowledge of these rights and obligations is […]
By James L. Rudolph, Esq. and Alex Robbins, Law Clerk Medical marijuana users have faced significant backlash in the workplace, as employees testing positive for cannabis have generally been terminated or disciplined under some sort of “zero tolerance” employment policy. Employers and employees have raised numerous questions about these policies, especially given that federal law […]
By James L. Rudolph, Esq. and Kara Moheban McLoy, Esq. In Coughlin Electrical Contractors, Inc. v. Gilbane Building Co. et al., a Massachusetts Superior Court judge addressed an issue apparently of first impression concerning the interpretation of a Construction Manager at Risk (“CMR”) public construction contract. A CMR contract shifts the majority of the design […]
The short answer is yes, but it depends on the facts and circumstances of the particular situation. In a recent case decided by the Massachusetts Supreme Judicial Court, the Court addressed for the first time when a corporation’ s counsel could assert the attorney- client privilege and the work-product doctrine to prevent the disclosure of […]
Not everyone can challenge the granting of zoning relief. Under the Zoning Act, MGL Chapter 40A, only a “ person aggrieved” by a zoning decision may appeal for judicial review of that decision. See MGL ch. 40A, §17. Such person who suffers some infringement of legal rights is said to have “ standing,” that is, […]
Until recently, Massachusetts was historically one of the worst states, if not the worst state, for a divorce. Prior to the most recently enacted alimony reform, alimony for the most part was considered a lifetime event. In an effort to reform and improve alimony, Massachusetts has now enacted new legislation called the Alimony Reform Act […]
