Lawyers, Answer Questions  & Get Points Log In

Massachusetts Business Law Questions & Answers

1 Answer | Asked in Business Formation and Business Law for Massachusetts on

Q: Are online contracts enough legally to guarantee a business share ? .

I run a software related website with good amount of users , I was approached by another website owner who has the business registered as an LLC in Boston Massachusetts,We figured out the details of the merge and all is fine .

When i asked how we move forward with the process of making me a... Read more »

John Espinosa answered on Jul 4, 2019

No, not at all. Before you agree to anything, you need to hire a law firm that has experience working with non-citizens in your situation to properly advise you on both the legal and tax implications of what you propose.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on

Q: Medical Practice Owner in Breach of Contract

Practice owner has been approached by an investment party that want to buy 51% o the share. Owner is now giving notices and terminating all previous 'profit sharing' or branch partnership contract without any reason.

1. Is this legal?

2. As the investment company started the... Read more »

Bruce Alexander Minnick answered on Jul 1, 2019

Your important questions cannot be answer here on Justia The concerns expressed are dependent upon the terms of all the written contracts involved; so you should contact a local business lawyer to advise you.

1 Answer | Asked in Business Law and Contracts for Massachusetts on

Q: Medical Practices - Breach of Contract by owner doctor

Medical doctor invited me to help stabilize and develop business for a percentage of his all businesses including his offshore billing company. I turned his one branch office into 6 branches, increased clinical staff from 3 to over 30 and increase revenue 5 fold in less than 3 years. I also got him... Read more »

Bruce Alexander Minnick answered on Jun 25, 2019

The only thing you can do is sue him for breach of contact.

1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Massachusetts on

Q: My job was threatened an I was forced to sign paperwork saying I'd look for no comp for my part in this invention. ..

Bruce Alexander Minnick answered on Apr 19, 2019

No one here on Justia can help you unless you tell us all the relevant facts about your situation.

1 Answer | Asked in Business Formation and Business Law for Massachusetts on

Q: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

Small family-owned business. Sales of $750,000 in 2018.

Ali Shahrestani, Esq. answered on Jan 22, 2019

A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual Property... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on

Q: Signed a contract with wedding planner for an amount, she didn't do good job, can we insist to pay on first agreed pay?

Fiancé only signed one contract with planner for 28k where her commission would be 20% of that agreed amount per contract. Though through out the weeks planner only pushed ideas she saw fit and not what we specified when we initially met her. Fiancé ended up locating a venue which is the majority... Read more »

Ali Shahrestani, Esq. answered on Jan 22, 2019

You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Massachusetts on

Q: Which is State for rescinding a license to occupy a suite

What determines the State for the purpose of rescinding a license to occupy a suite (timeshare)

licensor State or The licensee State of residence

Michael Hales answered on Oct 13, 2018

It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here:... Read more »

1 Answer | Asked in Business Formation and Business Law for Massachusetts on

Q: What does a lawyer do when creating a partnership agreement?

John Espinosa answered on Jul 6, 2018

First have a conversation with all proposed partners to determine their legal needs and goals. Then advise on the best way to form the entity and draft the appropriate documents to accomplish same.

2 Answers | Asked in Divorce and Business Law for Massachusetts on

Q: Im 49% shareholder/co-founder of an Australian pty ltd startup company. What happens to my shares if I file for divorce?

-My wife has no involvement/stake in the company at all.

-What method of company valuation should be used if there are only expenses so far and no income from business?

-I have not used a single cent of marital funds for the business.

-After the settlement, will my spouse... Read more »

Lillian J. LaRosa answered on Jul 2, 2018

You should promptly meet with a divorce practitioner to discuss the length of the marriage, ages of the parties, income of the parties, ability to acquire future capital, etc. which are among the factors for property division determination. If there has been no financial investment from the... Read more »

View More Answers

1 Answer | Asked in Business Law for Massachusetts on

Q: How does a subchapter S corporation differ from a standard S corporation (if at all)?

John Espinosa answered on Jun 18, 2018

To become an S corporation requires specific action under particular circumstances in exchange for some possible tax benefits. Here are some helpful resources that explain more:

https://www.irs.gov/businesses/small-businesses-self-employed/s-corporations...
Read more »

Q: I am an online seller and received a letter in the mail from another company regarding an item that has a patent pending

I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... Read more »

Kevin E. Flynn answered on May 16, 2018

This situation merits working with patent attorney to sort out the current status and possibly to intervene to help the Patent Office reject or at least narrow the claims.

As a preliminary step, you may want to check on the status of the pending application using USPTO Public PAIR....
Read more »

View More Answers

1 Answer | Asked in Business Law and Employment Law for Massachusetts on

Q: Does Massachusetts state law require employers to pay an employee for their accumulated sick time?

If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?

Jonathan R. Roth answered on Mar 12, 2018

Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.

2 Answers | Asked in Business Formation and Business Law for Massachusetts on

Q: What is a Social Enterprise Characterized under, an LLC or Non-Profit Status?

I have a Social Business Idea that has a few ways to be monetized and I don't want to be completely limited by the Non-Profit sector. I want to file for incorporation but don't know what Umbrella a Social Enterprise falls under.

John Espinosa answered on Mar 12, 2018

In Massachusetts, one option is a benefit corporation. Here is some info about how it works: http://www.sec.state.ma.us/cor/corpdf/Notice%20regarding%20Benefit%20Corporations.pdf

And here is the relevant statute in its entirety:...
Read more »

View More Answers

1 Answer | Asked in Business Law and Contracts for Massachusetts on

Q: so, I am organizing a magazine and a contributor wishes to remain Annonymous

is there a way that they can transfer the rights to me without signing their name?

John Espinosa answered on Feb 26, 2018

The publisher and contributor would enter into a contract that clearly describes anonymity of the contributor as a condition of the contract. The contributor's name would go no further than that contract. The contributor cannot remain anonymous from the publisher. Hire an attorney to draft the... Read more »

1 Answer | Asked in Business Law and Mergers & Acquisitions for Massachusetts on

Q: if a business is being sued and is sold to another party, who is liable for the lawsuits if you lose? New owner or old?

staffing agency I work for is being sued by two people. the owner is old and doesn't have much longer to live. If she sold it to me and I changed the name do I have any responsibility for those lawsuits? Or is it on the old owner who sold the business? thank you

Jonathan R. Roth answered on Dec 27, 2017

The probable answer is that both of you would be responsible depending upon if substantially all of the assets of the first company were sold to a new company. You could buy the company and get an indemnification.

The initial liability stays with the first company. The second company...
Read more »

1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on

Q: can Massachusetts mandate certified nursing assistants?

John Espinosa answered on Dec 4, 2017

If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program

1 Answer | Asked in Business Law and Contracts for Massachusetts on

Q: Do all business contracts need to be signed to be enforceable, or can they be verbal?

John Espinosa answered on Dec 1, 2017

Although it is technically possible for a verbal contract to be enforceable under some circumstances, even then it is very difficult to prove so verbal contracts are not advisable. Best practice is for all business contracts to be in writing and reviewed by your own business attorney to ensure that... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on

Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?

Jonathan R. Roth answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... Read more »

1 Answer | Asked in Business Formation and Business Law for Massachusetts on

Q: Do I have to register my online business?

I started an online business as a hobby which has now been producing income. Do I have to register my business even though I have no employees? Will I be penalized for producing income without being a registered business? I appreciate your help with this situation. Thank you.

John Espinosa answered on Oct 11, 2017

There are both legal and tax implications to consider when engaging in business. You should consult with both an attorney and accountant to discuss the specifics of your business so they can properly advise you.

Q: Are you able to provide examples of cases related to faulty vehicle software? Ideally, open source software. Thank you!

Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far, given... Read more »

Griffin Klema answered on Sep 21, 2017

Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.