Imagine you receive an email from a known creditor containing an invoice for an account payable. The email contains instructions for you to pay the invoice through an accredited clearing house (“ACH”). The email further contains the creditor’s bank account information for depositing the ACH payment. You pay the invoice by depositing the ACH payment […]
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In a stunning proposal, the Federal Trade Commission (FTC) has proffered a universal ban on noncompete agreements. This proposal, albeit a considerable step away from the norm, was not necessarily unpredictable. Most recently, the FTC made a preliminary finding that noncompete agreements constitute an unfair method of competition and therefore violate Section 5 of the […]
Commercial construction projects of $3 million or more are subject to the Prompt Payment Act, G.L.c. 149, §29E (“PPA”), which ensures prompt payment, or resolution, of disputes about, invoices for periodic payment made by contractors during the course of work. It requires owners to approve or reject periodic payment requests within 15 days after submission […]
Since the gruesome May 5, 2017, double murder of two doctors in their penthouse South Boston condominium unit, multiple lawsuits have ensued. The murderer, now convicted of two charges of first-degree murder, lurked inside the 11th-floor hallway of the condominium and attacked one of the victims when she returned home. The murderer had worked in […]
Creating incentives for employees to perform better can take many forms, such as merit bonuses or grants of equity through restricted stock or stock options. Each strategy should have the effect of aligning the employee’s interests with the long-term success of the company, and hopefully creating an economic incentive for the employee to increase their […]
According to Massachusetts case law, an order directing specific performance of a contract to sell real property is appropriate where one party to that contract, either a buyer or seller, has shown: there is a binding contract to sell property; the agreed time for performance has arrived; and the party seeking performance has performed, or […]
When presented with a contract, consumers should “read the fine print.” This adage is particularly important to general contractors (GCs) who have obtained a commercial general liability insurance policy and those who hire them. Many GCs believe that a general liability insurance contract will protect them for any hazard or event that could transpire in […]
Trademarks are often among the most important and valuable assets of a business. A distinctive trademark allows a business to build public goodwill and brand reputation in the goods or services it sells. A trademark is any word, name, slogan or symbol (or any combination thereof) that identifies and distinguishes the source of the goods […]
We are pleased to announce that Sean Cullen has joined the firm as an associate. Sean is an experienced litigator with more than 15 years of experience. He has a successful track record in state and federal court defending against claims for alleged violations of the Massachusetts Consumer Credit Cost Disclosure Act (MCCCDA), the Fair […]
First off, congratulations! In my practice, I meet far too many people who put off making financial plans for their future (“I’m still working. I don’t need to think about that yet.”), a decision they regret when something unforeseen happens or they haven’t considered inheritance implications. When preparing for the future, there is no time […]
