Matt Kane Named to Best Lawyers Again in 2019

Matt Kane was selected by his peers for inclusion in the 2019 edition of The Best Lawyers in America© for his work in Commercial Litigation. Matthew has been named annually since 2017.

Matthew represents banks and other financial institutions, businesses and individuals in an array of business law matters and disputes concerning consumer finance, employment, construction, real estate and general litigation as part of the firm’s business litigation practice. He also has considerable experience in consumer financial services litigation, including mortgage and title litigation, civil check fraud, and fair debt collection matters.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. 87,000 industry leading attorneys are eligible to vote (from around the world), and we have received almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Inclusion in Best Lawyers is considered a singular honor and Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Employer Alert: Non-Compete Reform Law Passes in Massachusetts

Effective October 1, 2018, employers must comply with a new Massachusetts non-compete law geared at protecting both employees and independent contractors from undue restrictions on their ability to work, on one hand, while providing employers some leeway to protect their business interests through compliant, reasonably-tailored non-competition agreements. Non-compete agreements are contracts between employers and workers (both employees and independent contractors) that restrict workers from engaging in certain competitive activities for a defined period of time after termination of their relationships with the business.  Read more in this month’s newsletter.

October Newsletter

Matt Kane Selected to Best Lawyers List for Commercial Litigation

Matthew Kane was selected by his peers for inclusion in the 25th edition of The Best Lawyers in America© for his work in Commercial Litigation.

Matthew represents banks and other financial institutions, businesses and individuals in an array of business law matters and disputes concerning consumer finance, employment, construction, real estate and general litigation as part of the firm’s business litigation practice. He also has considerable experience in consumer financial services litigation, including mortgage and title litigation, civil check fraud, and fair debt collection matters.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. 83,000 industry leading attorneys are eligible to vote (from around the world), and we have received almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Inclusion in Best Lawyers is considered a singular honor and Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Nancy Johnsen Named Of Counsel to Laredo & Smith

Laredo & Smith is pleased to announce the firm has added Nancy Johnsen as of Counsel to the firm. Nancy is a corporate attorney who represents businesses and entrepreneurs in connection with both operational and strategic legal matters. Her experience includes corporate law, corporate finance, mergers and acquisitions, fund management and formation, public company reporting, contracts, data privacy and security and mediation and insolvency.

Nancy works with early stage, mid and late stage start-up companies as well as  established public and private companies. Over her the span of her career, she has counseled clients across several industries including non-profit, private equity, real estate, retail, restaurant, healthcare tech and technology.

Nancy is a professionally trained pastry chef who maintains a deep interest and involvement in the food and restaurant business and is involved in Boston area food policy and entrepreneurship groups. She participates in a number of community, arts and social enterprise organizations through board memberships and volunteer coaching.

Marc Laredo Authors Mass Law Review Article: Shareholder Duties and Disputes in Closely-Held Corporations in Massachusetts Revisited

Marc Laredo published an article for the Massachusetts Bar Association’s publication Massachusetts Law Review, Volume 99, No. 3.  The article is entitled: “Shareholder Duties and Disputes in Closely-Held Corporations in Massachusetts Revisited.”  Marc discusses recent changes applied to long-time principles in this area of law. He states, “over the past decade, while the fundamental principles have remained the same, Massachusetts courts have refined and built upon principals and addressed previously unresolved issues.”

We invite you to download the full article: Massachusetts Law Review Volume 99, No. 3.

 

Guarantors Beware: Guaranty May Survive Underlying Settlement

It is not uncommon in a business deal for individuals—owners, for instance— to personally guarantee the business’s obligations to a third party (such as a lender or landlord). These types of arrangements are beneficial in situations where, for example, a lender is unwilling to do business with a startup or similar company that has a few or no assets, but will agree to enter into the deal so long as the business owner personally guarantees that the lender will be repaid on the debt or investment even if the business fails. Read more in this month’s newsletter.

May 2018 Newsletter

Marc Laredo Presents CLE on Closely-Held Businesses

Marc Laredo spoke for a Boston Bar Association CLE program entitled, “Small Businesses, Big Headaches: Ethical and Practical Challenges in Representing Closely-Held Businesses” in February 2018.  The distinguished panel of litigators and transactional lawyers addressed the special ethical and practical challenges facing attorneys whose practices involve closely held businesses.  Among the topics covered will be:

  • Impact of recent case law, including the WilmerHale,Cesari McKenna and Abrano decisions;
  • Identifying the clients and fiduciary duties owed to them;
  • Engagement letters: forming and terminating the attorney-client relationship;
  • Hot Potato withdrawals of representation;
  • Navigating conflicts among principals, including litigation and alternative dispute resolution; and
  • Representation of stakeholders in unrelated matters – potential future conflicts.

Limited Liability Under the Massachusetts Wage Act for Board Members and Investors

The Massachusetts Wage Act (Ch. 149, §§ 148-150) permits lawsuits for unpaid wages to be brought against a company’s president, treasurer, or officers or agents having the management of the company. While the terms “president,” “treasurer,” and “officer” are relatively well-defined, until recently there was significant uncertainty about who qualified as an “agent having the management” of a company to be held personally liable under the Wage Act.

Read about the scope of personal liability for two groups of non-officers: investors and board members.

Newsletter_February 2018

Marc Laredo Presents as Panelist: Challenges in Representing Closely-Held Businesses

Marc Laredo presents as a panelist on the Boston Bar Association’s CLE program entitled, “Small Businesses, Big Headaches: Ethical and Practical Challenges in Representing Closely-Held Businesses.” Marc joins fellow distinguished litigators and transactional lawyers to address the special ethical and practical challenges facing attorneys who practices involve closely-held businesses. Topics include:

  • Impact of recent case law, including the WilmerHale, Cesari McKenna and Abrano decisions;
  • Identifying the clients and fiduciary duties owed to them;
  • Engagement letters: forming and terminating the attorney-client relationship;
  • Hot Potato withdrawals of representation;
  • Navigating conflicts among principals, including litigation and alternative dispute resolution; and
  • Representation of stakeholders in unrelated matters – potential future conflicts.

This program takes place on February 28, 2018 from 4-6pm at 16 Beacon Street in Boston, MA. For more information, or to register, please contact Marc directly, or visit the BBA website.

Eric Sigman Presents “Contract Review, Negotiation & Analysis” Program

Eric Sigman is serving as faculty for the MCLE program entitled, “Contract Review, Negotiation  & Analysis.” Eric is part of a 3-person panel focusing on best practices for business contract review and negotiation. The program takes place on November 7th from 2-5pm at MCLE’s offices at 10 Winter Place in Boston. There is also a live and archived webcast of the presentation.