Seder & Chandler, LLP
Worcester 508-471-3018
Westborough 508-709-0024

August 2014 Archives

Property or family member? How laws view pets in divorce

Pets are regarded by many people to be important parts of any family. We often include them in everything from family photos to family vacations. But this treatment of a pet as a family member can create problems in the event of a divorce because, as some of our Massachusetts readers may be finding out right now, the law does not have the same view on pets as the majority of the public does.

Partner found in violation of noncompete, $3 million in damages

When drafting an employment contract, an operating agreement for a Limited Liability Company (LCC) or any other business agreements, an important component of these instruments should be a noncompete clause.

Duchovny and Leoni come to agreement on toughest parts of divorce

Even though no two divorces are alike, there are some parts of the divorce process that can be more contentious than others. For couples with children, usually the most difficult parts are dealing with child custody and talking about child support. But as a recent celebrity divorce shows, sometimes this doesn't always have to be that contentious.

Recent Decision Confirms that Chapter 93A Claims May Not be Brought for Pre-Employment Misconduct.

Massachusetts General Laws Chapter 93A creates a cause of action for unfair and deceptive business acts or practices. The statute is intended to cover commercial transactions between independent third parties and is frequently used in litigation because of its punitive aspects (i.e., multiple damages and attorneys' fees). However, the Massachusetts courts have long held that relationships between employers and employees are private in nature and therefore outside the scope of the statute. This begs the question: Can conduct that occurs prior to the formation of the employment relationship be covered by 93A?

A "No Damages for Delay" Clause Between a General Contractor and its Subcontractor Will Not Bar Recovery for Loss of Productivity Damages.

In a recent Massachusetts Superior Court decision, the judge narrowly construed a standard "no damages for delay" clause in a subcontract thereby allowing the subcontractor to recover certain damages. A typical clause of this type provides that the sole remedy for any delay caused by the general contractor would be an extension of time by which the subcontractor's work must be completed. In most cases, this will be an absolute bar to any subcontractor claim for damages.

Should you be concerned if your spouse asks for a prenup?

According to a poll of American Academy of Matrimonial Lawyer members, requests for prenuptial agreements are on the rise across the nation. More than 70 percent of members have seen the increase over the last five years; and if the trend continues, we could see more of these agreements down the road.

How one mother violated international law in custody case

A lot of people find child custody to be one of the more difficult areas of family law to deal with because of how complex it can be to handle. Not only does a person have to know state laws regarding child custody but international ones as well. This can be overwhelming, especially if that person does not have the necessary legal knowledge needed to make informed decisions about their case.

Understanding when and how to restructure your business

Business owners are frequently faced with important decisions. From the very beginning, for example, owners will need to decide what type of business structure they will form under. This decision can have an impact on the day-to-day operations and growth of a young business.

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Worcester Office
339 Main Street
Suite 300
Burnside Building
Worcester, MA 01608

Phone: 508-471-3018
Worcester Law Office

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Westborough, MA 01581

Phone: 508-709-0024
Westborough Law Office