Payal Salsburg Moderates CLE on Litigating Derivative Suits in Closely-Held Businesses

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Payal Salsburg will moderate a panel of speakers for a Boston Bar Association program entitled, “Litigating Derivative Suits in Closely-Held Businesses.” This CLE covers considerations of bringing derivative claims versus a direct claim on behalf of shareholders in a closely-held business. The panelists will discuss particular considerations under Massachusetts Law as well as strategies through differing goals for resolving disputes, whether recovery of damages on behalf of a company or a business divorce. They will also discuss special issues in shareholder litigation in the context of limited liability companies. The event takes place on Tuesday, December 10th from 3-430pm at 16 Beacon Street in Boston. For more information and to register, please visit the BBA website. 

Attorney Matt Kane Recognized by 2020 Best Lawyers®

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Matt Kane is selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America© for his work in Commercial Litigation. Matt has been named annually since 2017, a true testament to his work in this area.

Matt 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. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world.

For the 2020 Edition of The Best Lawyers in America©, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Matt Kane Named to Best Lawyers Again in 2019

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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.”

Matt Kane Selected to Best Lawyers List for Commercial Litigation

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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.”

Guarantors Beware: Guaranty May Survive Underlying Settlement

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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

Payal Salsburg Presents Boston Bar Association Litigation Program

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Payal Salsburg presents on a Boston Bar Association program on May 4, 2018 entitled, “Nuts and Bolts of Litigation Involving Closely-Held Corporations.” During this ‘Friday Fundamentals’ educational series event, the speakers will discuss typical issues that arise in shareholder disputes in closely-held corporations, including pursuing claims of breach of fiduciary duties, defending such claims, and measuring and mitigating damages given the realities of the small business model.

Marc Laredo Presents CLE on Closely-Held Businesses

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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

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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

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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

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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.