The most recent PricewaterhouseCoopers U.S. Family Business Survey (2017) concludes that succession planning is a “perennial problem” for family businesses. Nearly one-third of family businesses have no succession plan at all, and just 23% have a formal documented...
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New Massachusetts Law Limiting Employee Non-Compete Agreements
After numerous failed attempts, the Massachusetts legislature has finally passed a new law limiting noncompete agreements between a company and its employees and independent contractors. The legislation was signed into law by Massachusetts Governor Charlie Banker on...
CONSIDERATIONS FOR NEGOTIATING COMMERCIAL LEASES
While some of the provisions contained in commercial lease agreements may be considered commonplace or “boilerplate” language, there are certain issues that require specific attention, depending upon your position in such transactions as the landlord/lessor or the...
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...