Selling your business is one of the biggest decisions you’ll ever make. Whether you’ve built it from the ground up or taken it over from a family member, the process of selling can feel overwhelming. At the heart of the sale is the Purchase and Sale Agreement (often called the “P&S” or “purchase agreement”). This…
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Buying a business is an exciting opportunity, but it’s also a major investment that carries risks if you don’t look closely before signing on the dotted line. That’s where legal due diligence comes in. Think of it as a detailed “legal check-up” on the company you’re buying. Done right, it helps you confirm what you’re…
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In Massachusetts, the sale and service of alcoholic beverages is tightly regulated by both the Alcoholic Beverages Control Commission (ABCC) and local licensing authorities. A liquor license is not a simple, transferable asset like a piece of furniture—it is a regulated privilege. Transferring ownership requires careful compliance with statutory and municipal procedures. Understanding Who Regulates…
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Fraudulent Transfers, Veil Piercing, and Successor Liability in Massachusetts: Key Doctrines for Debtors and Creditors to Understand. Creditors and plaintiffs often encounter the frustrating reality that a judgment debtor or defendant may try to shield assets or operate behind a corporate entity to evade liability. In Massachusetts, three related legal doctrines—fraudulent transfer, corporate veil piercing,…
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On December 1, 2024, significant amendments to the Federal Rules of Bankruptcy Procedure (FRBP) took effect, introducing both stylistic and substantive changes aimed at enhancing clarity, consistency, and efficiency in bankruptcy proceedings. Restyling for Clarity and Consistency A comprehensive restyling of the FRBP was implemented to improve readability and ensure uniformity across all rules. This…
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When buying or selling a business in Massachusetts, one of the most important legal documents involved in the transaction is the Asset Purchase Agreement (APA). An APA outlines the terms under which the buyer acquires specific assets of a company from the seller, as opposed to purchasing the company’s stock or equity interests. Understanding the…
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The term fraud is often used loosely to describe a wide range of disputes. Often a failure to pay a bill or to do something one promised to do so will give rise to allegations of fraud or misrepresentation. However, those examples more accurately describe a breach of contract which is in fact quite different…
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A limited liability company has become the go-to form of business entity for Massachusetts small businesses of all types. But, you may be wondering, what does a limited liability company actually do to limit liabilities? A business operating other than as a limited liability company, partnership, S-corp or C-corp is known as a sole proprietorship. …
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Business owners, especially those in positions of authority or control over company assets, have fiduciary duties that require them to act in the best interests of their company, shareholders, and other stakeholders. These duties are foundational to the trust and integrity needed in business management, ensuring that business leaders are held to high standards in…
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The tremendous rise in home values since the start of the pandemic has been a boon for homeowners as they have seen their home equity increase dramatically over the past few years. However, as real estate prices have climbed, so have personal debts leading to a % rise in personal bankruptcy filings in Massachusetts in…
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