Until recently, Massachusetts federal courts had not determined whether a debt collector violates the Fair Debt Collection Practices Act (“FDCPA”) by failing to state whether interest is accruing (or not accruing) when offering to settle a consumer debt. In a recent ruling, a Magistrate Judge for the United States District Court for the District of […]
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In Massachusetts when a buyer finds property to purchase, the first step in the process is to make an offer that the seller will accept. The buyer binds his offer with a small deposit until a more formal Purchase & Sale Agreement (“P&S”) is executed and additional deposit funds are delivered. The offer generally outlines […]
Construction subcontracts establish the legal relationship between subcontractors and prime contractors. Most subcontracts should mirror the terms and conditions outlined in the agreement between the owner and the general contractor (the “Prime Contract”) or, at a minimum, be consistent with and provide an explanation when the terms do not mirror the Prime Contract. To ensure […]
On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. […]
The United States District Court for the District of Massachusetts recently issued a favorable decision for remote employees seeking to invoke the protections of the Massachusetts Wage Act. The Wage Act is a generous statute for employees that provides for treble damages as liquidated damages for any lost wages, as well as attorney’s fees, costs, […]
A choice of law provision allows parties to agree that the law of a particular state will apply to the interpretation of a contract and any conflict arising therefrom. Choice of law provisions are particularly important when the parties are from different states and there are significant differences between the laws of the differing states. […]
In today’s hard economic environment, it is often hard for borrowers to obtain conventional loans from a lender. As a result, it is often necessary for borrowers to turn to less conventional lenders, sometimes referred to as hard-money lenders. The non-traditional lenders often times charge interest rates much higher than that of a traditional lender […]
Massachusetts General Law Chapters 93A and 176D, long a compelling and formidable mechanism for consumers, has been extended beyond its usual confines to become a further source of consternation in the insurance industry. The Consumer Protection Act and the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance […]
In the matter of Empire Dealer Services, Inc., et. al. v. Kimberly A. Guerin, et. al, a Massachusetts Court recently granted a preliminary injunction to a corporation enjoining a minority shareholder/former employee from directly competing. Kimberly Guerin (“Guerin”) was vice president and a minority shareholder of Empire Dealer Services, Inc. (“Empire”). In March of 2022, […]
Most astute entrepreneurs will avoid running a business as a sole proprietor or as part of a partnership and opt to limit their personal liability by forming a separate entity to operate the business. A corporation or a limited liability company (“LLC”) is often the best vehicle to shield the business owner’s personal assets from […]
