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When there is a breach of certain types of contracts, the aggrieved party may seek the equitable remedy of specific performance, that is, a court order compelling the breaching party to undertake to perform or to complete performance of such party’s obligations under the contract.  Specific performance is available whenever the subject matter of the […]

Can an individual waive his or her right to file a lawsuit and provide a release before even participating in an event?  The answer to both questions is yes.

You’ve hired an experienced and successful sales manager and you and your employee are now faced with a potential legal claim from your employee’s former employer. Or your company is facing legal proceedings and individual employees are involved in the case or called as witnesses. Your employee cannot afford to retain separate legal counsel. May […]

In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.

By Adam J. Shafran, Esq. Companies in all industries, large and small, should prepare themselves now for upcoming changes to the Fair Labor Standards Act (“FLSA”), the federal law governing overtime wages. In March of this year, President Obama issued a memorandum to the United States Department of Labor (“DOL”) mandating the DOL to update […]

Massachusetts law is clear: both majority and minority shareholders of a closely-held corporation owe each other (as well as to the corporation) a fiduciary duty–a duty of utmost good faith and loyalty. In 1975, the Massachusetts Supreme Judicial Court held in the leading case of Donahue v. Rodd Electrotype Co. of New England, Inc., that as […]

OSHA recently enacted a significant change to the requirements for reporting a death on the job and certain serious work place injuries. It is important for Massachusetts employers to be aware of the new requirements, including what must now be reported and the timing of the reports. The full press release is below. Please do […]

By Adam J. Shafran, Esq. The Computer Fraud and Abuse Act (“CFAA”) is a federal law that has been appearing in lawsuits brought by employers against their former employees at an ever increasing rate. The CFAA prohibits employees from accessing their employer’s electronic information without authorization, and includes both criminal and civil causes of action. […]

By Robert P. Rudolph, Esq. Massachusetts General Laws Chapter 149, Section 152A explicitly outlines Massachusetts law regarding service charges, tips, tip pools and penalties for violation. The protections provided to employees by the statute cannot be waived by private agreement, so it is important for business owners in the hospitality industry to understand the law, […]

Most Americans would be outraged by a law requiring that certain library books be taken off the shelves and burned. How, then, would those same Americans react to a law that said: “The books can stay on the shelves, but destroy their index cards”? That, many argue, is what Europe’s highest legal authority, the Court […]

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