If you’ve ever owned a company—or even been employed by one—you’ve probably discovered a surprising and even ironic truth: a successful business is a delicate thing. Dynamic organizations weave together dozens of independent threads, from having strong financial backing to creating a positive employee culture to knowing how to launch new products cost-effectively. Damage one fiber and things can start to unravel pretty quickly. That’s one reason thriving business owners focus on long-term...
Law Office of Adam P. Whitney Blog
Posts by Adam Whitney
If you are a “foreign” Limited Liability Company, such as a Delaware LLC, you must register in Massachusetts if you do business here. See Mass. Gen. Law c.156C, §54. That’s not difficult, but it does take a bit of effort and yearly filing fees. You must also have a registered agent within the Commonwealth. Doing business properly and following all the rules is costly, but not doing so is riskier and can be much costlier.
It’s been a crazy ride for several weeks. In some ways, the practice of law is the same. In some ways, it’s different. Sometimes it just feels different. In spite of the photo, I've been able to work in my satellite office and have been the only one here.
Private businesses will be back. It has to be. By definition, entrepreneurs are resilient and versatile. If your business is closed or running a skeleton operation, this is the time to think about how the world will be changed when things get back to “normal.” I recently wrote about examining your existing business here: Make the Best of this Difficult Time When Your Business Is Closed or Slowed. You should also plan to move forward.
If your business is either closed or running a smaller operation, now may be the time to step back, do some planning, and get your “house” in order. It’s a good time to evaluate your focus and your customer base. Do 80% of your revenues come from 20% of your clients? Do 20% of your clients cause 80% of your headaches?
Over 14.5 million Americans belong to labor unions in the United States today, so it should come as a welcome sign for business owners who interact with third party workers such as subcontractors and franchisee employees that only those workers over whom they have substantial direct and immediate control will they be obligated to under the NLRA.
See No Evil: Can Your Business be Held Liable when Your Employees Engage in or Simply Overlook Sex Trafficking that Occurs on Company Property?
A District of Massachusetts court decision from November of last year has helped to clarify the liability that employers can face for illegal sex trafficking that occurs on company property. Ricchio v. Bijal, inc. (Civil Action No. 15-13519-FDS). In Ricchio, the victim Lisa Ricchio was kidnapped by defendant Clark McLean, and was held for several days as a captive at the Shangri-La Motel in Seekonk, Massachusetts where McLean stayed as a guest. The Shangri-La is owned by defendant Bijal,...
Fox Moulder’s motto was “Trust No One.” Lawyers can understand this paranoia. Divorce lawyers know spouses cheat. Criminal lawyers know clients steal (and worse). You should know that your business partners and key employees that you trust the most can betray you. This includes both majority and minority shareholders in close corporations, members of LLC’s (Massachusetts limited liability companies), and partners in partnerships. Sadly, this also includes family members in a family business.
No Good at Goodbyes: Why Employment Attorneys are Important to use for Creating Severance Agreements
Severance agreements, which are contracts between an employer and an employee that contain certain rules and guidelines for when an employee is terminated, may be regarded as somewhat of an afterthought by employers. An employer might think to himself, “the employee is leaving the company to go his or her own way, so what is there to worry about?” Despite this fact, it is imperative that anyone involved in the hiring process has an employment lawyer review a proposed severance agreement. A...
New Ruling From Massachusetts Appeals Court Shows the Importance of LLC Operating Agreement Language
How do Limited Liability Company Operating Agreements affect the fiduciary duties owed to co-Members of the LLC? That issue was decided in the case of Butts v. Freedman, which also involved Boston Equity Advisors LLC (“BEA”) and Outcome Capital, LLC (“Outcome”).