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Massachusetts Business Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Business Law for Massachusetts on
Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for Massachusetts on
Q: I am trying to start my own business and I honestly have no clue where to start. Some advice would be appreciated! Tkyou
Joanne Belasco
Joanne Belasco answered on Feb 2, 2021

Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Real Estate Law for Massachusetts on
Q: We have signed a P&S to sell a building in MA. The deposit check is in foreign currency. Can we void the contract?

The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 24, 2020

You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.

2 Answers | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

Evelyn Suero
Evelyn Suero answered on Aug 5, 2020

Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Massachusetts on
Q: The plumber who is fixing my boiler has been in and out over 3 weeks. If i hire someone else instead, do I have to pay?

It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... Read more »

Christopher Tolley
Christopher Tolley answered on Jul 16, 2020

If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... Read more »

2 Answers | Asked in Business Formation, Business Law and Internet Law for Massachusetts on
Q: Should I include any sort of legal text/disclaimer on my clothing store website?

I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!

William Scott Goldman
William Scott Goldman answered on Jun 30, 2020

Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.

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1 Answer | Asked in Contracts, Immigration Law, Business Law and International Law for Massachusetts on
Q: Would any one have any contact for pro bono lawyers in South Africa (Pretoria) for US citizens

One of my US citizen friends is currently in Pretoria and has urgent legal trouble. He has contacted the US consulate for weeks, which at this time is only overwhelmed and has provided no help. thank you

Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

There is an organization - Pretoria Society of Advocates. They are known as the Pretoria Bar. They could be a starting point in your friend's search. If they do not know of such attorneys or resources on how to locate them, maybe they could direct your friend to a different bar association or... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and White Collar Crime for Massachusetts on
Q: Can I be removed from a Mass LLC without consent?

I've been removed from a Mass LLC that I was 50% owner of by the other 50% owner. The original LLC filing has me on it. My partner filed an amendment to the LLC that removed my name. And another amendment that changes the name of the LLC. Is it possible for this to happen without my consent?... Read more »

Kas DeCarvalho
Kas DeCarvalho answered on Feb 10, 2020

Short answer: No, probably not.

You're response: "But my partner did--now what?!"

...and that's a longer answer.

So, unless your LLC's Operating Agreement provides for some mechanism for a single 50% Member to remover the other (which is possible,...
Read more »

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
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... Read more »

Bruce Alexander Minnick
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
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
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.
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... 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.
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... 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
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
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
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 »

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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
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
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 »

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