Business Law Insights: Stay Informed, Stay Ahead
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Limitations on Liability
Whenever you enter into a contract, you should always have a limitation of liability paragraph. A limitation of liability reduces your overall exposure. Essentially the language will state, to some extent, that your company (and its related personnel) will not be...
Annual Reports
As you know (or may not know) the Massachusetts Secretary of State requires you to file an annual report every year. This applies to both LLCs and corporations. These are very simple forms to file, and you will confirm the current entity information (e.g., name,...
No one wins with Litigation
I don’t do a lot of litigation, but every so often, my clients need some litigation assistance. The problem with litigation is sometimes you spend a lot to get little. The key is to determine if the other side has any assets or can we even locate them. The first step...
Impossibility of Contracts
I’ve repeated time and time again that once you sign a contract, you are essentially locked into the terms. However, there are certain times you can get out of that contract. One way is if the contract has become “impossible.” The doctrine of impossibility (or...
What is a registered agent?
When you form a corporation or LLC in Massachusetts, you must, among other things, designate a registered agent. This person will mostly get notices from the Secretary of State when the annual report is due and accept service of process for lawsuits. There are...
Mistakes Many Small Businesses Make
I’m always on the lookout for good business articles. I came across this one titled “Business Law Mistakes: 10 Ways to Avoid Them” from a firm in Texas. I borrowed the bullet points and applied my theory to each one. The reason I liked this article is that it is...
Contract Terms – Venue
I plan to do a series of blog posts of key clauses that everyone should pay attention to when signing a contract. Venue is the first clause usually included in a paragraph titled “Legal” or even “Venue,” and it discusses where lawsuits can be brought if a contract...
Small Business Workshop Follow up
Last month I wrote about the Small Business Workshop I was involved in. There was a lot of good information for small businesses starting out that concerned accounting, payroll, insurance, bookkeeping, banking, and of course legal. If you were unable to attend, you...
Be Careful What You Say
I counsel my clients to always put agreements in writing. The reason is that when two or more people enter into a contract, it is always best to set forth the key points. Then the parties know their responsibilities, the timelines that must be met, and the...