Amid the flurry of recent news about computer hacking and data breaches, a recent lawsuit quietly wound its way up to the steps of the United States Supreme Court. In that case, a former employee left his employer to open a competing business. After he left, he asked...
PLDO Law Blog
Adam Greshowak
NOT-FOR-PROFIT TO “POT-FOR-PROFIT” – IMPORTANT CHANGES IN MASSACHUSETTS’ LEGAL CANNABIS INDUSTRY
When the Commonwealth of Massachusetts first established the framework for its legal marijuana industry, Massachusetts law required dispensaries to form and operate as nonprofit corporations. This mandate forced founders and angel investors alike to implement overly...
WORKER’S REQUEST FOR MULTI-MONTH ADA LEAVE AFTER FMLA LEAVE LAWFULLY DENIED
A vexing problem for employers is the period of time it must allow for leave. A very recent decision from the United States Court of Appeals for the Seventh Circuit demonstrates that courts and administrative agencies continue to disagree regarding an employer's...
OFF-THE-CLOCK WAGE CLAIMS ON THE RISE
A very recent decision in a federal district court case highlights the risk of off-the-clock wage claims. Andrews v. Weatherproofing Technologies, Inc., C.A. No. 15-11873-TSH (D. Mass Sept. 28, 2017) (Hillman, D.J.). In that case, a Massachusetts roofing contractor...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
THE BENEFIT OF PASS-THROUGH ENTITIES
Why do pass-through entities such as LLCs taxed as partnerships remain the entity of choice for most closely held businesses? The primary benefit of operating a business through a pass-through entity, such as an LLC taxed as a partnership, is that the income generated...
APPLE’S CONCERNING NEW TEXT MESSAGE FEATURE
Apple recently released iOS16 for the iPhone. This newest release allows iPhone users running iOS16 to edit and unsend text messages sent between other iOS16 users. While this may be welcome news for those of us who make embarrassing typos or otherwise hit the send...
BUYER’S REMEDY IN REAL ESTATE PURCHASE AND SALE CONTRACT
In a commercial real estate transaction, just as in life, what is fair is not the same as what is equal. Generally, the remedies in a breach of real estate sale agreement are (1) return or retention of a deposit, (2) suit for damages, and (3) the right to sue for...
