The Bottom Line A federal Court of Appeals has once again affirmed the enforceability of an arbitration clause in a mobile application’s contractual terms. The Boston, Massachusetts appellate court held that an app user who clicked “Accept” on a screen referencing and displaying at least Continue Reading
Under the Hood of Subprime Auto: The Timing’s Right for Introspection
Coronavirus: Protective Measures for the Workplace
The Bottom Line In the wake of the Coronavirus outbreak, employers are seeking advice on how to best protect the health and safety of their employees. Coronavirus is a respiratory virus that spread rapidly after first being identified in Wuhan, China. While the World Health Organization has Continue Reading
Massachusetts Issues Revised Regulations and Agency Guidance in Preparation for Paid Family and Medical Leave Law Taking Effect
Update as of June 17, 2019 Massachusetts lawmakers have extended by three months the implementation date for the Massachusetts Paid Family and Medical Leave (PFML) program. The start date for required payroll withholdings has been extended to October 1, 2019 (a three month delay from the Continue Reading
New Massachusetts Law Specifies Requirements for Noncompetition Agreements
The Bottom Line With this Act going into effect on October 1, 2018, it is critical that employers in Massachusetts: review their existing restrictive covenant agreements to ensure that they are enforceable, and update their form documents to comply with the Act going forward. The Massachusetts Continue Reading
A Watershed Year For Recreational Marijuana Industry’s Growth
5th Edition: Trends in Marketing Communications Law In November 2016, four more states – Nevada, California, Maine and Massachusetts – legalized recreational marijuana use, sparking the roll-out of state and local regulations as new recreational markets opened in 2017, marking a turning point for Continue Reading
Two Bills Introduced in U.S. Senate Seek to Enhance Consumer Privacy Protections
The Bottom Line With the Facebook data breach, GDPR, and security issues attracting much attention these days, Congress has introduced two bills aimed at providing broader consumer privacy protections: The CONSENT Act and the Social Media Privacy Protection and Consumer Rights Act of 2018. While Continue Reading
Massachusetts Pregnant Workers Fairness Act Goes Into Effect on April 1, 2018
The Bottom Line With the MPWFA's April 1, 2018 effective date quickly approaching, Massachusetts employers should review and revise their handbook policies, onboarding notices and HR practices to ensure that they comply with the law’s notice obligations and requirements to provide reasonable Continue Reading
Another Look at Sun Capital: PE Fund Faces Claims for Unfunded Pension Liability of a Portfolio Company
The Bottom Line While the court has not yet reached a decision on Trilantic’s complaint, PE firms should continue to carefully consider the structure and nature of their portfolio company investments to assess any potential exposure for pension withdrawal liability. In this post-Sun Capital time, Continue Reading
Internet Vendors Now Face New Tax Obligations in Massachusetts
The Bottom Line Internet marketers and vendors with customers in Massachusetts, Ohio and Rhode Island should pay particular attention to the new regulation and legislation that expands the tax nexus for out-of-state vendors making Internet sales in those states. Vendors should consult with a tax Continue Reading