Group Chats, Emoticons, and Breach of Contract: When Does a Text Message Become a Contract? New Technologies, Established Obligations New media and technology have transformed the way we do business as compared not only to twenty years ago, but even as compared to ten or five years ago. Emails, social media posts, and even text […]
Verbal Contracts: Are They Enforceable in Massachusetts?
Is Your Word Your Bond? Our parents taught us to be people of our word—to mean what we say and say what we mean. For most situations in life, it is enough to give your word to enter into an agreement—from who will take out the trash this week to where to meet for dinner. […]
Sole Proprietorship: The Good, the Bad, and the Legal Reality
What Dreams Are Made of? Being your own boss is a dream for many. It is also a pleasant daydream to many more stuck in stifling offices or unfulfilling careers. In addition to freedom from an unsympathetic supervisor’s requirements, owning a business appeals to so many because of the opportunity for greater creative expression in […]
Which Incorporation Is Best For You: Comparing LLPs and LLCs
If you are a small business owner, or considering starting your own business, it has always been important to know your options for incorporation. The uncertainty and financial stresses of COVID-19 and the subsequent recession make decisions about incorporation even more important. In this article, we will review two common types of incorporation for small […]
Landlord Eviction Options During Covid-19
Landlords and Coronavirus Long before any Governor issued emergency orders for their state, coronavirus was already altering the fabric of our lives and commerce in unexpected ways. In the last month, millions of workers across the country, from hotel and restaurant workers to office assistants and managers, have been laid off, furloughed, or prohibited from […]
What are my Massachusetts business income tax obligations?
How a business is taxed depends in part on the business’s legal form. The five most common types of Massachusetts businesses include corporations, S corporations, Limited Liability Companies (LLCs), partnerships, and sole proprietorships. Most states subject corporations to a corporate income tax. In contrast, pass-through entities such as S corporations, LLCs, partnerships, and sole proprietorships […]
I am setting up a small business on my own. Would I benefit from incorporating as an LLC?
In a word—yes. You would benefit greatly from incorporating your business as a limited liability company (LLC), as opposed to operating it as a sole proprietor or as part of a group of partners in a general partnership. An LLC is a relatively simple means of incorporating a business, with many benefits for small-business owners. […]
How the New Recreational Marijuana Law effect Employer’s Policies
On November 8, 2016, Massachusetts voted in favor of legalizing the possession and use of marijuana for recreational purposes, joining a growing number of states that have passed similar laws. This means that most employers will have to address employee use of marijuana in the workplace. Under the new law, an individual who is 21 […]
Massachusetts to Approve Limits on Non-Compete Agreements
Massachusetts is seeking to approve a bill that would impose strict new limits on non-compete agreements. This would be especially appealing to start-ups and skilled tech workers. The attorneys at Phillips, Gerstein & Channen are informed and in tune with the proposed law and its applicability to existing businesses and employees who may have signed […]
Overview of the new Massachusetts Sick Leave Law
Massachusetts has recently enacted a new Sick Leave Law that requires compliance by Employers and understanding by Employees. It does not only apply to full time employees, but also applies to part time, seasonal and temporary employees. The Earned Sick Time Law requires Employers to provide all Employees one (1) hour of sick time for […]