Although there is an art to marketing, such as the so-called positive spin, any claims in advertisements must still comply with the standards established by the U.S. Federal Trade Commission. In general, the FTC prohibits deception, such as product claims that are not based in evidence. Companies that break that benchmark standard may find...

Forming a corporation is no small undertaking. Yet there may be reasons for a family business or other form of equity ownership among individuals to make this choice. Limited liability and corporate forms are generally more conducive to raising capital because investors are shielded form individual liability. A corporation, with its accompanying organizational and formation...

Even a cursory look at the corporations website maintained by the Massachusetts Secretary of State suggests complexity. From the choice of a business entity to operations and tax liabilities, there are a patchwork of state and federal laws that apply to businesses.

A law firm that focuses on corporate law can...

In a recent post, we described the consequences of a zoning challenge to a real estate project. However, a legal dispute can be equally devastating to a company's business operations. Small wonder, then, that a new type of safeguard has arisen: litigation funding. The model offers investment opportunities in commercial lawsuits, somewhat...

Protecting intellectual property can be vital to a business' success, which explains why disputes over violations of trade secret protections are a part of commercial litigation. In fact, one commentator recently observed that nearly every in-house lawyer's career includes at least one experience responding to an issue involving a breach or violation of confidential...

Price is probably one of the first details that companies discuss when entering into contract negotiations. Similarly, price is also typically considered one of the essential elements of a business contract. Yet a recent lawsuit, brought by the Massachusetts Port Authority, demonstrates that even this detail can give rise to commercial litigation. According to the...

Commercial trade secrets can be the lifeblood of a company’s competitive edge. Yet there is a debate in Massachusetts over how best to protect these rights. As background, non-compete agreements are a contractual way to protect a company’s secrets. An agreement might require an employee to refrain from working in a particular industry for a...

Many businesses and individuals are not aware of the responsibilities and rights of the Massachusetts Consumer Protection Law. In fact, this law is often misunderstood or ignored by Massachusetts residents. When it was written, the law didn't give any business or person the right to sue. The only person who could do so was...

Gone are the days when you had to walk or drive to a local retailer to pick up toothpaste or visit a furniture store to purchase a kitchen table. Today, retailers of all sizes are turning to the Internet to offer their products directly to consumers. The problem for many retailers, however, is how...

From a slogan to a company's name or logo, business owners are advised to take steps to protect the integrity and reputation of their business by ensuring that they take action to register a trademark. By doing so, a business owner retains sole ownership over the use of trademarked material and may choose to...