Blog | Seder & Chandler

Dealing with legal contracts during a merger

On behalf of Robert S. Adler of Seder & Chandler, LLP posted in Mergers and Acquisitions on Monday, October 15, 2018.

Taking part in a merger in Massachusetts can understandably be exciting. At the same time, mergers and acquisitions can be very complicated due to the many complex stages involved. These stages range from engaging in financial negotiations to closing the transaction.

If you are interested in merging with another business, it is critical that you understand the tax-related consequences of such a process. You also need to know how sound your buyer's financing is, as well as the impact of indemnification and disclosure provisions in order to avoid liability in the future. This will help you to put together an agreement that anticipates and addresses future contingencies.

Dealing with probate litigation on large estates

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Wednesday, October 10, 2018.

Losing a loved one can understandably be difficult to deal with emotionally. However, dealing with the estate that the individual left behind -- especially if it is a large one -- can be just as challenging. An attorney in Massachusetts can help you to effectively deal with the delays and issues that are common when dealing with probate on large estates.

Your attorney can help you to resolve issues ranging from guardianship disputes to will contests. Other issues you may need to tackle as part of probate administration may involve the terms or validity of a will or codicil. In addition, you might have questions regarding a fiduciary's honesty or competence that you need an attorney to help you resolve. This fiduciary could be a conservator, guardian, trustee, administrator or executor.

Your business can bounce back from Chapter 11 bankruptcy

On behalf of James A. Vevone II of Seder & Chandler, LLP posted in Chapter 11 on Tuesday, October 2, 2018.

When a person in Massachusetts first enters the entrepreneurial scene, he or she may have lofty business goals. Later, though, he or she may be in a situation where the company's liabilities outweigh its assets, and the owner is unsure where to turn. Fortunately, filing for Chapter 11 bankruptcy is a viable option for overcoming business debt woes -- and it does not have to mean the death of the business, either.

Many companies in the United States have actually bounced back from bankruptcy. General Motors, for instance, which filed for bankruptcy following the Great Recession that started in 2008. The U.S. government ended up bailing out the world's biggest car manufacturer. Since that time, General Motors has paid back the whole rescue package and even earned the government a profit in the process. The company is now in the best shape it has been in over a decade.

Business litigation may help those facing eminent domain

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Tuesday, October 2, 2018.

Your business property is highly valuable from both a personal and a financial standpoint. Naturally, you would feel violated if the government threatened to take your property, and you may wonder whether you could use business litigation to fight this threat. Here is a look at what your rights are regarding eminent domain in Massachusetts.

In certain situations, challenging eminent domain is possible. In addition, you might be able to request extra compensation if your business property is condemned for the purpose of eminent domain. The government can easily condemn your real estate, even if it is in excellent condition.

Divorce process involving high-value assets can be complex

On behalf of Pam Stevens of Seder & Chandler, LLP posted in Property Division on Tuesday, October 2, 2018.

The process of getting divorced can certainly take a toll on a person emotionally, but it can be just as difficult financially. This is particularly the case for those with high-value assets. Here is a look at what the divorce process entails if you have significant debts or assets in Massachusetts.

When you and your spouse bring debts and assets into your marriage, they have a tendency to change over time. As a result, the division of your property can quickly become complicated if you subsequently decide to get a divorce. The division of debt in particular can especially be confusing if you or the other party is a business owner.

Business litigation may be necessary after filing insurance claim

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Thursday, September 27, 2018.

One of the worst things that can happen to you as a Massachusetts business owner is to watch a destructive event occur on your property. Unfortunately, theft, an accident or a fire can occur at any time, in which case you can file a claim with your insurance company. Here is a glimpse at how to go about the claims process and what your options are -- for example, business litigation -- should you encounter issues during this process.

First, it would behoove you to contact the insurance company immediately to file a claim. In addition, if a theft or burglary was your issue, you may want to report the incident to your local police department in Massachusetts. Then, you can begin to gather important information you will need during the claim process.

Detailed employee handbook can help to avoid business litigation

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Wednesday, September 26, 2018.

It is critical that businesses throughout Massachusetts communicate their policies and vision clearly. This is why your business needs solid employee manuals, handbooks and training materials. Hiring an attorney to guide you in developing these materials can help you to avoid unwanted business litigation down the road.

Well-written employee manuals/handbooks or training materials outline companies' expectations for their employees' behavior. At the same time, they establish various penalties for misconduct. By choosing to create a thorough training program and handbook, you can unify your workers and streamline your operations while simultaneously cultivating a transparent and safer workplace.

Cryptocurrencies must be addressed in estate planning, too

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Tuesday, September 25, 2018.

During the past year, cryptocurrencies, such as bitcoin, have created massive wealth for investors who trade them. Unfortunately, many of these investors in Massachusetts and elsewhere have not thought seriously about estate planning for these assets. Here is a glimpse at how to handle cryptocurrencies in estate planning.

Although cryptocurrencies are online, they cannot be likened to virtual banking accounts. This is due in part to the fact that cryptocurrencies are not cash but rather personal property. As a result, the Internal Revenue Service currently does not plan to send statements out to those who own them.

Dealing with division of foreign assets during divorce process

On behalf of Pam Stevens of Seder & Chandler, LLP posted in Property Division on Wednesday, September 19, 2018.

The dissolution of a marriage in Massachusetts can understandably be complicated from a financial standpoint, especially if you have several assets or have many high-value assets. If you and your future ex-spouse have real estate and other assets in foreign countries, this complicates matters even more. Here is a glimpse at what you need to do if you have foreign assets to divide during the divorce process.

As soon as you file for divorce in Massachusetts, you and your soon-to-be spouse must legally exchange information concerning your respective personal, economic and financial situations. This includes information on your income, debt and property ownership. This enables both of you, the court and your attorneys to determine a fair, or equitable, manner in which to divide your property.

Bad faith insurance dispute may not require business litigation

On behalf of Kurt L. Binder, Howard E. Stempler of Seder & Chandler, LLP posted in Business Litigation on Tuesday, September 18, 2018.

You naturally trust insurance companies to come through for you when you need them the most in Massachusetts. Unfortunately, sometimes, insurance companies engage in bad faith practices involving insurance claims such as liability or property claims. However, if you are a business owner, business litigation is not your only option for addressing this issue. Likewise, if you are an individual, you may not necessarily have to fight a lawsuit to seek justice. Instead, you may be able to take advantage of advocation, arbitration or mediation with the help of an attorney.

A number of practices fall under the umbrella of insurance bad faith, including an unnecessary delay in making a payment on a claim. Insurance companies may also refuse to pay valid claims, or they might refuse to fully pay claims' values. In addition, sometimes, insurance companies improperly investigate or delay investigating insurance claims.