Missed a Paycheck Deadline? The Cost Isn’t Worth the Treble
Employers operating in Massachusetts face some of the nation’s most stringent requirements regarding the timing and frequency of wage payments. The Massachusetts Wage Act (M.G.L. c. 149, § 148) mandates prompt payment of wages, with severe penalties for even minor delays. Recent case law, including Reuter v. City of Methuen and Turgut v. Hitachi Rail…
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Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools
You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to document a high-level conversation around a strategic initiative yourself, but the dialogue between colleagues moved…
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Business Succession Planning: Pros and Cons of Passing S Corp Shares in Trust
Business succession planning and estate planning are often linked together, particularly in the case of closely held family businesses. In the case of a shareholder who wishes to pass along their shares of an S corporation as defined in IRC § 1361(a) (an “S Corp”), a popular option is to transfer these shares into a…
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The Business Value of Engaging a Litigator Before You Are In Court
The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business relationship wanted to land. Without careful management from the outset, myriad day-to-day business disagreements could expose…
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The DOJ’s New White-Collar Agenda: Implications for Businesses
On May 12, 2025, the Department of Justice (the “DOJ”) released its criminal—and, more specifically, white collar crime enforcement—initiatives under the current administration. This is typical each time new leadership assumes control of the DOJ, and below is a summary of key changes clients should expect in the coming years. Although the Trump administration has…
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AI Meets TCPA: Navigating Business Compliance Risks in Phone Communications
As artificial intelligence continues to transform business communications, companies will continue to face significant—and in some cases, increased—legal risks under the Telephone Consumer Protection Act (TCPA) when choosing to utilize AI-powered calling and messaging technologies. The Federal Communications Commission’s (FCC) recent regulatory actions in the past year confirm that AI-powered tools are not exempt from…
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Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts
News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company’s use of a “rabbi trust” has sent a jolt through the ranks of corporate leadership. Steward’s deferred compensation plan—intended to provide financial security for its top employees—has instead become a cautionary tale of how quickly that security can…
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Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants
While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about the small businesses and middle market companies that make up a significant share of office, retail, and industrial leases? Are there ways commercial landlords can…
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Generative AI and Trade Secrets: A New Frontier for IP Litigation
As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it’s crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents and copyrights traditionally shield human-driven innovation and creativity, GenAI presents a different challenge. Because U.S. law currently requires a human inventor or author for patent…
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Fiduciary Duties and Remedies in Florida LLCs: What Members Need to Know
Disputes among members of a limited liability company (LLC) are inevitable. Unlike casual disagreements with friends or roommates, conflicts within an LLC can have legal and financial consequences. Recognizing this reality, Florida law provides a structured framework governing the duties owed by LLC members and the recourse available when those duties are breached. These obligations,…
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