DOCUMENT YOUR OWNERSHIP INTEREST OR STOCK RIGHTS IN AN LLC OR CORPORATION
Fox Mulder’s motto was “Trust No One.” Lawyers can understand this. Oftentimes, the practice of law is all about being paranoid. We have to assume that your business partner will screw you over, or that your employer will not fulfill your expectations.
MYTHS AND REALITIES – STARTING OR JOINING AN LLC OR CORPORATION WITH FRIENDS, FAMILY MEMBERS AND ACQUAINTANCES.
As a lawyer who litigates disputes among partners, close corporation shareholders, and limited liability company members and managers, I hear a lot of myths about them. The myths below are in italics, with my (sometimes snide) comments below each one.
THE NEW MASSACHUSETTS EQUAL PAY ACT – HOW BAD IS IT FOR EMPLOYERS?
The new Massachusetts Equal Pay Act goes into effect on July 1, 2018. The basic concept of the statute is that you cannot pay employees differently based on gender. You are busy running your business, but don't ignore this statute. CONNECT WITH ADAMRELATED...
A MINORITY OWNER’S RIGHT TO INSPECT LLC RECORDS OR CORPORATE BOOKS AND RECORDS
An LLC (Limited Liability Company) Member in Massachusetts has a right to inspect certain records of the LLC. This includes basic information, such as the certificate of organization, the names and addresses of all Members and Managers, and a copy of the operating agreement.
DON’T CAUSE SELF-INFLICTED HARM TO YOUR BUSINESS BECAUSE YOU THIRST FOR REVENGE
Think carefully before you embroil your company in a lawsuit. Lawsuits are expensive and risky. A lawsuit can backfire in several ways. You can face counterclaims. You can be charged with the legal fees and costs of your opponent if your claims are not well grounded. You expose your company to producing private business documents and testifying under oath, which can open you up to more problems.
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ADAM’S RECENT POSTS
BREAKING DOWN THE NLRB’S NEW JOINT-EMPLOYER RULE
GUEST POST BY BRANDON SLOANE On February 26, 2020, the National Labor Relations Board (NLRB) issued a final rule clarifying the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The NLRB’s ruling is significant for any...
SEE NO EVIL: CAN YOUR BUSINESS BE HELD LIABLE WHEN YOUR EMPLOYEES ENGAGE IN OR SIMPLY OVERLOOK SEX TRAFFICKING THAT OCCURS ON COMPANY PROPERTY?
GUEST POST BY BRANDON SLOANE 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....
BUSINESS OWNERS AND PARTNERS SHOULD BE PARANOID
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....
NO GOOD AT GOODBYES: WHY EMPLOYMENT ATTORNEYS ARE IMPORTANT TO USE FOR CREATING SEVERANCE AGREEMENTS
GUEST POST BY BRANDON SLOANE 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...
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”). ...
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No attorney-client relationship is established by your use of this site. You must not send or share any confidential information about you or any legal issue without Attorney Whitney's express written permission. The content of this website may be considered advertising for legal services under the laws and rules of professional conduct. The content does not constitute legal advice. The content is for information purposes only. Legal advice cannot be provided unless you hire my firm and we perform a full review of the legal matter and the most current, applicable law. The law in your state may be different than Massachusetts, so the information in the content may be completely irrelevant if you are outside of Massachusetts.