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Commentary

Preventing unauthorized resale of trademarked products online

Over the past decade, the proliferation of online marketplaces such as Amazon, eBay and Alibaba have made ensuring the integrity of authentically branded products, or trademarks, more important — and more difficult.  Trademark law provides clear protection against the sale ...

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Changes to Mass. alcohol distribution laws put some franchise protections on ice

Liquor store shelf

Massachusetts franchise protection laws may be the furthest thing from our minds while enjoying a cold beverage this summer, but recent legal developments have changed the way that alcoholic beverages make their way from distilleries, wineries and breweries to our ...

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Key questions when offering vaccination incentives

Covid-19 vaccination

After years of marriage, I’ve learned one thing: Binary choices are almost always better. For example, the question “Do you want pizza, Thai, BBQ or Mexican?” will result in the reply “I don’t care,” when we all know that is ...

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Supreme Court narrows Computer Fraud and Abuse Act

In a 6-3 decision, the Supreme Court has ruled that an individual “exceeds authorized access” in violation of the Computer Fraud and Abuse Act when “he accesses a computer with authorization but then obtains information located in particular areas of ...

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Advising clients on conflicting COVID guidelines

Medical mask being placed into garbage

In a significant move ending pandemic-era regulations in Massachusetts, Gov. Charlie Baker announced that, effective May 29, all industries would be permitted to operate at full capacity and that most COVID-19 restrictions would be lifted. The announcement fast tracks the ...

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How to run a Delaware corporation

“You only have to do a few things right in your life so long as you don’t do too many things wrong.” — Warren Buffett If you are a CEO or director of a Delaware corporation, you enjoy a business-friendly ...

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Stubbornness and financial reporting don’t mix

The settlement by the U.S. Securities and Exchange Commission with the former CFO and CEO of WageWorks, as described in Accounting and Auditing Enforcement Release No. 4202, illustrates the financial reporting risks created by senior management who are too stubborn ...

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Excused contractual non-performance based on COVID

As businesses have suffered and shuttered over the course of the COVID-19 pandemic, countless contractual obligations have gone by the wayside. In ensuing litigation, many businesses have sought to escape or limit their liability for contractual non-performance, citing various considerations ...

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Importance of following good corporate governance

Directors and officers should always establish and adhere to policies and procedures in the exercise of corporate governance. Recent decisions have highlighted potential risks and pitfalls for directors and officers of a corporation if good corporate governance is not followed. ...

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