Corporate Counsel’s Obligations

Posted in Blog, Business Law by on November 14th, 2017

By: Attorney Gerald S. Garnick | of Counsel   A sensitive issue in the practice of law has always been where a corporation or an LLC hires an attorney to represent the entity and then a conflict arises between the stockholders or the members and the attorneys who represented the entity starts taking sides on behalf of one shareholder or member in opposition to the other. A recent, July… Read More

Substantive Consolidation

Posted in Blog, Business Law by on April 25th, 2017

By: Attorney Gerald S. Garnick| Associate A case recently came down from the U S Bankruptcy Court that will have far reaching consequences for business owners. In Re: Cameron Construction & Roofing Co., Inc. (Cameron) the court held that the assets of a limited liability company, Cameron Construction LLC (LLC) related to a construction business (Cameron) in Chapter 7 bankruptcy could be reach… Read More

CAVEAT EMPTOR: BEWARE OF POTENTIAL PITFALLS WHEN PURCHASING REAL PROPERTIES AT FORECLOSURE SALE

Posted in Business Law, Real Estate by on April 10th, 2017

By: Attorney Raymond C. Pelote | Partner Purchasing real property at a foreclosure sale can be a great investment. Typically, properties are sold at 70-80 percent of market value. However, when you purchase a property at a foreclosure sale, expect the property to be in disarray. Rarely do former owners leave their foreclosed properties in prime condition. Whenever you purchase a foreclosed pro… Read More

THE BASICS OF SUMMARY PROCESS PROCEDURE IN MASSACHUSETTS

Posted in Blog, Business Law, Real Estate by on December 19th, 2016

By: Attorney Corey T. Pontes| Associate In the Commonwealth of Massachusetts, summary process is the procedure by which a landlord evicts a residential tenant through the court. Summary process is governed by the Uniform Rules of Summary Process, which can easily be found online. In order to begin the summary process procedure, a landlord must first serve a tenant with a Notice to Quit. The notic… Read More

Former Owners Are Required to Raise All Claims Arising out of the Same Transaction or Occurrence in Summary Process Proceedings.

Posted in Blog, Business Law by on November 15th, 2016

By: Attorney Raymond C. Pelote| Partner Any former owners who have been foreclosed upon tend to use the Housing Court as its battleground to contest the foreclosure. Once a property is foreclosed upon and the property is purchased by the foreclosing mortgagee or its nominee, the foreclosing mortgagee or its nominee typically proceeds to evict former owners from the property. However, in the cours… Read More

“SAY WHAT YOU MEAN, AND MEAN WHAT YOU SAY”

Posted in Blog, Business Law by on August 22nd, 2016

By: Attorney Kevin P. McRoy| Partner As I was growing up, my father used to tell me the same phrase over and over again, undoubtedly trying to cement the mantra into my brain… “Say what you mean, and mean what you say!” The meaning of the phrase is obvious. The phrase becomes particularly poignant when faced with a situation involving a current or former employee in the context of Non-Discl… Read More

MASSACHUSETTS RESIDENTIAL LANDLORD MISTAKES TO AVOID

Posted in Blog, Business Law, Real Estate by on April 4th, 2016

By: Attorney Ryan Prophett | Associate   Many individuals in Massachusetts view buying rental property as a good investment and an alternative to putting their money in the stock market where they have no control.  However, most new landlords do not hire an attorney to advise them and create the necessary lease documents to protect their interests.  The two biggest mistakes that we… Read More

Your Rights to Cancel a Gym Membership

Posted in Blog, Business Law by on December 14th, 2015

By: Patricia E. Alexandre | Associate With the New Year fast approaching, people start to join gyms or health clubs as part of their New Year’s resolution to exercise more and get in shape. But what if you ever decide to cancel your membership? Here’s what you should know about your gym or health club membership rights. Before you decide to join a gym or a health club and sign the membersh… Read More

The Basics of Incorporating your Business in Massachusetts

Posted in Blog, Business Law by on November 30th, 2015

By: Corey Pontes | Associate Incorporating a small business is a great idea for individuals who want to limit their personal liability for debts of a business. In incorporating your business, you create a new structure where your business can be recognized as its own entity. Most importantly, your business can be treated separately from its creators and shareholders, potentially reducing liabilit… Read More

Opened-End Mortgages in Rhode Island

Posted in Blog, Business Law by on October 26th, 2015

By: Raymond C. Pelote | Partner Open-end mortgages in Rhode Island are a useful security tool for creditors in an effort to secure any and all outstanding obligations a creditor may have with a commercial debtor.  Many times, creditors enter into commercial transactions with commercial debtors that are secured only by all-business-asset-liens.  Typically, an all-business-asset-lien loses valu… Read More