Stock or Salary– A Business Owner’s Dilemma
Clients, particularly those starting new, closely-held businesses, commonly ask whether they should give stock in the company in lieu of or as a supplement to compensation. The answer is: it depends.
A “Top Down” Approach to Managing Cyber Risk
/in Business Law, Newsletters /by Laredo & SmithThere are few ‘hotter’ topics in corporate boardrooms these days than understanding the risks from a cyber attack and the measures to thwart, or at least minimize risk of, a cyber breach. Indeed, the consequences of a cyber breach can be severe, including loss of valuable intangible property, a drop in share price, disclosure and reporting obligations to the SEC and other agencies, and litigation against the company and its board of directors.
To Arbitrate or Not to Arbitrate– That is the Question
/in Business Law, Business Litigation, Employment Law, Newsletters /by Laredo & SmithArbitration – the private means of resolving a dispute – is a well- accepted and often encouraged alternative to the court system. Whether arbitration is the right choice for your business contract, however, is a more nuanced question. As a starting point, all contracts should contain language regarding the resolution of disputes, including which state and/or country’s law will apply, where disputes will be resolved (a particularly important issue when parties are located in different states or countries) and whether arbitration or the court system will be used. It is this last choice that is the focus of this article.
Newsletter: College Students In Trouble– What Can You Do?
/in News, Newsletters, School Disciplinary Actions and Title IX /by Laredo & SmithWhen young adults are away from home in a collegiate atmosphere, sometimes they get into trouble. So, what is a parent to do? First, have a basic awareness of the rules that govern student conduct– rules that may have changed dramatically since our collegiate days. Discuss them with your college-bound children. A school may impose an array of disciplinary actions up to and including expulsion, a potentially devastating, life-altering consequence for a young man or woman. If a student is facing any kind of disciplinary charge, it is important that he or she consult with an attorney immediately– before speaking to the authorities and making potentially damaging statements with far reaching (including criminal) consequences. Experienced counsel can guide the student through the disciplinary process, advocate to the administration on a student’s behalf, and keep an eye out for due process issues.
Newsletter: A Reminder of the Importance of Written Agreements
/in Business Law, Business Litigation, Newsletters /by Laredo & SmithA recent ruling of the Massachusetts Appeals Court, while reaching the fair and just result, serves as a cautionary tale of the importance of written agreements and a reminder of the adage that no good deed goes unpunished. Learn more about this case study: A couple lent money to their son-in-law’s business after the son-in-law promised to provide personal guarantees for the loans. Despite his promises, he never signed written personal guarantees and never repaid his in-laws. Was the promise enforceable? Barrie-Chivian v. Lepler, 87 Mass. App. Ct 683 (2015).
Newsletter: Court Rules Mortgage Borrowers Can’t Use “Try-Title” to Stop Foreclosure
/in Business Litigation, Newsletters /by Laredo & SmithFollowing a sharp increase in mortgage foreclosures, in the wake of a steep decline in the housing market, growing numbers of defaulted mortgage borrowers (typically homeowners) and their attorneys seized on the so-called “try-title statute,” G.L. c. 240, §§1-5, as a simple and low-cost way of forestalling foreclosure.
Newsletter: Healthcare Providers Still At Risk Despite Recent “Worthless Services” Ruling
/in Business Litigation, Newsletters /byWhile healthcare providers may have felt some relief after a recent U.S. Court of Appeals decision regarding “worthless services,” this ruling does not eliminate the risk associated with such claims. In United States ex rel. Absher, et al. v. Momence Meadows Nursing Center, Inc., 764 F. 3d 699 (7th Cir. 2014), the Court overturned a $9 million verditct awarded to two whistleblowers under the federal False Claims Act (FCA).
Newsletter: EEOC Updates Pregnancy Rules
/in Employment Law, Newsletters /byFor the first time in 30 years, the federal Equal Employment Opportunity Commission (EEOC) has substantially updated its rules concerning pregnancy discrimination.
Newsletter: Maintaining Compliance With Limited Resources
/in Business Law, Government Investigations, Newsletters /byThe need for a company to have a strong corporate compliance program is directly related to the risk of a government enforcement action: the greater the degree of government regulation, the greater the risk and need for compliance.
Newsletter: Court Requires Self-Incrimination Warning for Some Grand Jury Witnesses
/in Business Litigation, Newsletters /byThe Supreme Judicial Court recently issued an important ruling concerning the rights of individuals testifying before a grand jury. In Commonwealth v. Woods, 466 Mass. 707 (2014), the court announced a prospective rule requiring self-incrimination warnings to be given to all grand jury witnesses who, at the time of their testimony are, or are likely to become, a target of that grand jury investigation.
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- No Double Dipping: Putting the Brakes on Acceleration Clauses in Commercial LeasesJanuary 26, 2023 - 3:17 pm
- If You Want Your Attorney’s Fees and Costs of Litigation, Make Sure Your Contract Clearly Calls for ItOctober 5, 2022 - 3:24 pm
- Dot Your I’s and Cross Your T’s Before Terminating an EmployeeJune 27, 2022 - 11:20 am
- Employers Cannot Terminate Employees Merely For Filing a Rebuttal in Their Personnel FileFebruary 9, 2022 - 5:08 pm
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