PLDO Law Blog
PLANNING FOR THE MORTALITY OF A CLOSELY-HELD BUSINESS
When launching a new business venture, it is likely (and more fun) to focus on strategic planning, growth and implementation. However, it is vital in the early stages to give serious consideration to an exit strategy and business succession plan. Business structures...
PERSPECTIVE – CONTINUING VIABILITY OF SINGLE-MEMBER LLCS IN FLORIDA
The use of Limited Liability Companies (LLCs) is very popular in Florida. Most people assume LLCs offer sufficient protection from claims by judgment creditors against a member’s ownership interest. However, for the past decade, I have expressed concern regarding the...
CANNABIS ADVERTISING IN THE AGE OF REGIONAL COMPETITION
Long gone are the days of a state-sanctioned marijuana program standing in isolation in a sea of neighboring prohibitionist states. Presently, over 35 states have legalized medical marijuana, and more than 15 have legalized recreational cannabis. With increased...
IMPORTANT MA DECISION ON SOFTWARE SALES TAX APPORTIONMENT
The case of Oracle USA, Inc. v. Commissioner of Revenue was recently decided by the Massachusetts Supreme Judicial Court in favor of the taxpayer. The case is important for at least two reasons: First, the Court found that Massachusetts taxpayers have a statutory...
Cyber Security in a COVID-19 World
A recently published article by the Harvard Law School Forum provides valuable insight to the multiple challenges being faced due to the pandemic. Although businesses have readily discussed the actions to be taken in the event of a pandemic, the scope of challenges...
Recent ADA Decision Likely to Spur Employee Lawsuits
Employers in the four easternmost New England states should be aware of recent case law that may radically impact their obligations under the Americans with Disabilities Act (“ADA”). Federal courts in those states are subject to the guidance of the U.S. Circuit Court...
SEC Adopts a New Definition of “Accredited Investor”
On August 26, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments to the definition of “accredited investor.” The amendments permit investors to qualify as accredited investors based upon additional criteria focused on financial sophistication,...
DOL Solicits Public Comment on Independent Contractor Proposed Rule
On September 22, 2020, the U.S. Department of Labor (the “DOL”) released a proposed regulation addressing when a service provider should be classified as an independent contractor rather than an employee. The change is important to both employers and service providers...
Cautionary Insight Regarding Bonuses and The Wage Act
Massachusetts and Rhode Island are among those states that have enacted a Wage Act, under which employees who receive less than their full compensation due can sue for treble damages. In fact, in Massachusetts, a Wage Act violation leads to mandatory treble damages....
