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Massachusetts Business Law Questions & Answers
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

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... View 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... View 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... View 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,... View 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... View 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... View 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?... View 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,...
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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... View 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... View 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... View 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,
Ali Shahrestani,
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... View More

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