Massachusetts Business Law Questions & Answers

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

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
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 Number). Your agreement should spell out the services, rights and legal jurisdiction for resolving any disputes.

Please feel free to contact me if you have any additional questions.
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Q: Do I have to register my online business?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
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.
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Q: Are you able to provide examples of cases related to faulty vehicle software? Ideally, open source software. Thank you!

1 Answer | Asked in Business Law, Car Accidents, Gov & Administrative Law and Intellectual Property for Massachusetts on
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 appropriate places to search and search queries.

Good luck!

Griffin Klema

https://klemalaw.com
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Q: Hi, I have a friend who is still listed as president to a family business. Four years ago was pushed out by his brother.

2 Answers | Asked in Business Law for Massachusetts on
Answered on Aug 15, 2017

A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he is still deemed an officer of the company and entitled to not only medical insurance but other benefits. Likewise, depending upon why he was terminated as an employee of the company he might have a...
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Q: What qualifies as trademark infringement? If a company produces a product that looks similar to another's, is that okay?

2 Answers | Asked in Copyright, Business Law and Trademark for Massachusetts on
Answered on Aug 2, 2017

if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.
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Q: can a listing broker (restaurant) keep a forfeited deposit from a potential buyer or does it go to the seller

1 Answer | Asked in Broker Fraud, Business Law and Real Estate Law for Massachusetts on
Answered on Jul 26, 2017

That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I am an equity partner in a company overseas and want to understand some details

2 Answers | Asked in Banking, Business Formation and Business Law for Massachusetts on
Answered on Jul 20, 2017

A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and obtain a TIN. There are other ways of handling the matter including open a US subsidiary such as a LLC and use it as the nominee for such transactions. The EU company is I assume formed in a jurisdiction...
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Q: Is it illegal to make a DIY notebook with logos on it on youtube ? i am not selling anything but i may monetize my video

2 Answers | Asked in Business Law and Internet Law for Massachusetts on
Answered on Jul 8, 2017

That sounds like trademark violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Can a business deliver free alcohol as a gift with the ordered product to customers?

1 Answer | Asked in Business Law and Criminal Law for Massachusetts on
Answered on Jul 6, 2017

I strongly recommend that you contact the Commonwealth's Alcoholic Beverages Control Commission, which will almost certainly have a position on this. As a practical matter, Massachusetts law prohibits any unlicensed sale, storage, transportation, importing, exporting, and manufacturing with the intent to sell (among other things). I understand your question: "What if I'm not actually selling the alcohol?" But leaving aside the potential liability issues that I lump collectively into the...
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Q: I've read people should start an entity for asset protection, but do those entities need to generate revenue? if so how?

1 Answer | Asked in Estate Planning, Family Law and Business Law for Massachusetts on
Answered on Jul 6, 2017

I need to break this down a bit: Yes, it's a good idea to "start an entity for asset protection," but what people typically mean by that is that they wish to protect their personal assets from any liability related to their business venture. Therefore, they form an appropriate entity for the business venture, and assuming they follow the proper rules and protocols, the liability shield afforded to their personal assets is indeed effective. However, your question leaves me a bit unclear about...
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Q: Raising capital for a DE LLC with a Y-Combinator SAFE. Do I file anything to ensure investors are protected by IRC 1244?

1 Answer | Asked in Business Formation, Business Law and Contracts for Massachusetts on
Answered on May 4, 2017

To The Code also imposes recordkeeping requirements on the corporation relative to its §1244 stock. Among these is requirement that the corporation designate designation, for its transitional year, those of its outstanding shares that qualify for small business stock treatment.

(b)Common stock. Only common stock, either voting or nonvoting, in a domestic corporation may qualify as section 1244 stock. For purposes of section 1244, neither securities of the corporation convertible into...
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Q: Can a member of an LLC protect their interest in the company by placing that interest into a Trust?

2 Answers | Asked in Business Formation and Business Law for Massachusetts on
Answered on Apr 25, 2017

Placing an LLC in a trust does not change when the LLC wants to make distributions and that is determined by the Manager and/or the Members of the LLC. The Trust can provide for distribution of funds on a monthly quarterly or annual basis. It depends how it is drafted. The reason to put a LLC in a trust is usually for estate planning purposes not to create distribution requirements. If you are talking about converting to a Massachusetts Business Trust, I would recommend you change the terms of...
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Q: In a restaurant if patio is closed can they still make us came in and fill other positions as if we were on call? Ty

1 Answer | Asked in Employment Law, Business Law and Municipal Law for Massachusetts on
Answered on Apr 19, 2017

An employer has the right to ask a waiter or anyone else to come in to work. The question is whether you are required to go in if you were not scheduled. The fact is that you are not required to go in, but assuming you are an employee at will there is nothing to stop the employer from terminating you. Most waiters and staff in a restaurant are subject to a call to come into work, such as when someone is sick. However that does not mean you are on standby or on call. As I said you can tell...
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Q: Do you need permits to throw a private party in your own business?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Apr 17, 2017

It depends on the specifics of the party and whether you'll need parking permits, noise permits, etc. See: http://www.aeesq.com/business-law/food-and-beverage-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
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Q: in Massachusetts, do I have to be bonded and licensed to promote a concert?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Feb 28, 2017

See: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section183A

See: http://blog.musicidb.com/2013/10/promoter-license-massachusetts/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Do you help low income homeowners with civil suits?

1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Answered on Feb 27, 2017

More facts are needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: If I agree to buy a business and its assets, what kind of documentation do I need?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Jan 18, 2017

A contract, for starters. It depends on what type of business you want to buy. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: We are a US based tour company providing tours in Morocco. Is there any issue with us taking Russian customers?

1 Answer | Asked in Business Law for Massachusetts on
Answered on Jan 18, 2017

There is no law that I know of against US companies doing business with common Russian nationals. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Is the actual punctuation mark semicolon trademarked by this company?

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Massachusetts on
Answered on Dec 29, 2016

I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Hello, How do I ensure that my partner will sign my Partnership Dissolution Agreement when he is ignoring my calls?

1 Answer | Asked in Business Law and Contracts for Massachusetts on
Answered on Dec 11, 2016

You cannot force someone to sign a Contract. If you have a partnership dissolution in progress, you can try to negotiate a resolution or you can litigate the matter. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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