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Massachusetts Business Law Questions & Answers
2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The person who posted this question is quite wise. To think ahead; to plan for the possible. Kudos.

As to the amount of liability insurance, there are several things to consider. First, what are your personal assets? You should have enough insurance that your assets are protected....
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2 Answers | Asked in Business Law and Gov & Administrative Law for Massachusetts on
Q: If I have over a million dollars in dram insurance (Massachusetts) for my LLC, how likely is someone to come after me

I am planning to open a traveling bartender service (parties, work functions, [eventually] weddings) as a side gig. However, I want to make sure that I am covered in case someone drives drunk and causes an accident. I will carry event/dram insurance specific for such events for well over a million... View More

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

You could discuss this with your insurance broker. But anyone, whether your broker or the attorneys here, could only say that there is no control over what a plaintiff would go after. It could depend on the facts of the matter and the determination of the law firm. Many law firms could end their... View More

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Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?

The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.

Michael M Marques
Michael M Marques
answered on Jul 30, 2023

Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you.... View More

2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More

Tim Akpinar
Tim Akpinar
answered on Jul 19, 2023

It could depend on the terms of the contract (and subject to state law). The safest approach could be to disclose the error and ask the client if they would like it applied to their outstanding invoice, thereby avoiding any accusations of questionable bookkeeping practices. Your rights to recover... View More

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2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More

William J. Amann
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answered on Jul 7, 2023

As with many answers to legal questions, the answer is "it depends". It depends on what kind of contract you and your customer have. For example, a gym membership or statutorily defined consumer contract or retail installment contract may be regulated in such a way as to prohibit the... View More

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1 Answer | Asked in Employment Law, Tax Law and Business Law for Massachusetts on
Q: If I am appointed as a manager for a single member LLC my spouse owns, am I considered an employee that needs a salary?

My wife and I are planning on creating a single member LLC in Massachusetts where she would be the sole member and would be managing day-to-day operations for the business. I would be helping manage the business operations, such as finance, bookkeeping, and administrative items such as managing a... View More

William J. Amann
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answered on Jun 8, 2023

No, you don't both need to listed as co-managers. Whether you are a co-manager or manger has little to no bearing on whether you are considered an employee. Employee status analysis is best done under IRS rules. You also don't need to be paid but being paid would bear on employee... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... View More

William J. Amann
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answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: I have a Business partner, LLC .. partner has no driver license.. if he take a comm plate truck ancrashes can I get sued

If my business partner takes steals the commercial plate dump truck with no drivers license without me knowing and crashes into someone or causes injury can I get sued personally? Because he has no license and the only one on the insurance

William J. Amann
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answered on Sep 1, 2023

Under the facts you stated above, it's unlikely you would be sued personally as a member of an LLC. If it's a partnership, you might be. I recommend hiring competent counsel to get into further details and review this more thoroughly.

1 Answer | Asked in Employment Law and Business Law for Massachusetts on
Q: As the owner of a business in chapter 11, can I still be sued personally for a wage claim if it wasn't preserved?

My Florida based company had to file chapter 11, and the disputed wage claim was listed in the bankruptcy. The wage claim was never preserved by this person. However,I am still being sued in Massachusetts( where she lives,) personally for a wage claim that she never preserved. Isn't she... View More

William J. Amann
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answered on Jun 19, 2023

I'm unsure what you mean by a wage claim "that she never preserved." This sounds like a case we may handled. Please contact me if it's related to Arete.

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Massachusetts on
Q: Backed out of shady truck deal 30 days later dealer still hasn’t cancelled loan first payment is over due

I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... View More

William J. Amann
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answered on May 5, 2023

Put your protest in writing.

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

William J. Amann
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answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

William J. Amann
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answered on Oct 4, 2022

Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: I am a snack food wholesaler. I have been doing business with a National snack food company for 7 years now. All of a

sudden I get a letter saying they will be discontinuing business with me as of November 1, 2022. Do I have any recourse?

William J. Amann
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answered on Sep 30, 2022

First, I'd ask why. Second, if you have a written agreement, review it and any applicable termination provisions.

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

William J. Amann
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answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
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answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Business Law for Massachusetts on
Q: I gave a small business a deposit to build me cabinets for a kitchen.

The main guy constantly gave me delays and excuses and it just seemed to be going in circles. I didn't have any faith that they were nearing completion and I thought it was most likely a scam. I called to cancel my order and ask for my deposit back. The guy said that he has 30 days to return... View More

William J. Amann
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answered on May 23, 2022

Unless that term is in a written contract or you orally agreed to it, his claim is doubtful. Ask him to cite the statute to which he refers.

Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... View More

Stephen E. Zweig
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answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... View More

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Massachusetts on
Q: Could an associate of a law firm like Latham & Watkins provide legal services outside of their law firm?

For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... View More

Richard Gaudet
Richard Gaudet
answered on Mar 26, 2021

The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... View More

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