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Forming a business plan takes strategy and a good outline

meeting room with business plan documents ready for presentation - Deposit Photos

I was having lunch with a friend, an accomplished businessperson, and I asked what he thought was the critical difference between new ventures succeeding or failing. He responded, “A good business plan.” We agreed a good business plan provides lots ...

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A revamp of federal regulations: Davis-Bacon Act updates

Documents flying around in the air

Earlier this year, the United States Department of Labor issued the most comprehensive updates to the Davis-Bacon and Related Acts in more than 40 years. The final rule went into effect on Oct. 23. Originally enacted in 1931, Davis-Bacon and ...

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Failure-to-rehire suit avoids dismissal

Massachusetts Institute of Technology

A Massachusetts Institute of Technology office manager who alleged that he was told he was being terminated because his position was being eliminated could proceed with retaliation claims based on a failure to rehire — even though he never applied ...

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The legal wonderland of individual liability

Modern office interior

In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This intriguing declaration mirrors the spirit of many plaintiffs across the country when they file administrative charges and ...

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Judge nixes extension of ‘anti-raiding’ provision

A software company could not enforce language in a former executive’s employment agreement that purported to extend the duration of an anti-raiding provision based on his alleged violation of a non-disparagement clause, a Massachusetts judge has decided. Defendant Scott Wilson ...

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What to do when a former (or current) employee leaves a negative review

Social media icons

These days, prospective employees have access to surprising amounts of information regarding what it looks like to work for a company. From reviews posted on Glassdoor to entire subreddits detailing their time at work, current and former employees are sharing ...

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Addressing health care’s cybersecurity weaknesses

Cloud data storage

The May 2023 cyberattack on Johns Hopkins Medical’s MOVEit application again demonstrates the systemic weaknesses in the industry approach to health care data security and cybersecurity in general. The cyberattack obviously shows the consequences of integration and subsequent dependance on ...

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Mandatory pre-dispute arbitration: Have its best days passed?

Business meeting

Historically, courts were hostile to pre-dispute arbitration agreements. To address this hostility, Congress enacted the Federal Arbitration Act, or FAA, that placed arbitration agreements on the same footing as other contracts. Arbitration is a powerful weapon against lawsuits. Since passage ...

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Tips for litigating civil matters against self-represented parties

Michael J. Lambert

All civil litigators, at some point in their career, end up opposed to a self-represented individual.  The odds of this occurring are ever increasing as the number of self-represented parties in civil matters continues to rise.  Some New England states ...

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Addressing growing employee substance abuse trends

Man drinking alcohol while working

Josie got used to drinking several glasses of wine during the workday when working 100% remotely for the past three years. There were no colleagues in the room to question her behavior or report her to management, and no supervisor ...

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