A common issue arising in contract disputes relates to which representatives within a corporation (or acting on behalf of a corporation) have the authority to bind the corporation to a contractual obligation. It is well settled that a principal is liable for its agent’s conduct where the agent is acting within his authority or apparent authority. Theo & Sons, Inc.…
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Developments in the Dynamic World
of Business and Employment Law
Bennett & Belfort, P.C. attorneys, Todd Bennett and Craig Levey, were successful in obtaining a dismissal of a breach of contract case in Federal Court on behalf of their client, Gregory Daley. The case was highlighted in this week’s “Important Opinions of the Week” section of Lawyer’s Weekly. Attorney Bennett and Attorney Levey were defending Gregory Daley, the franchisee and…
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Under Massachusetts law, public policy dictates that physician non-compete agreements (and other restrictive covenants) should not interfere with a patient’s ability to select a physician of their choice. Accordingly, non-compete agreements that restrict a doctors’ ability to practice medicine are unenforceable. The relevant law is Massachusetts General Laws (M.G.L.), Chapter 112, Section 12X. In recent years, the medical industry has…
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Arbitration is an increasingly popular and often cost-effective way to avoid protracted litigation in court, however whether they are equitabile is subject to great debate. Arbitration provisions are increasingly being considered by employers for inclusion in employment contracts relative to disputes between employers and employees. There is much controversy between worker’s advocates and management lawyers as to whether such provisions are fair…
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The Federal Statute commonly referred to as “COBRA” (the Consolidated Omnibus Budget Reconciliation Act of 1985), gives employees who lose their group health benefits the right to continue benefits at their own cost. COBRA only covers workers whose employers have twenty or more employees. However, the Massachusetts “Mini-COBRA” statute (M.G.L. c. 176J § 9) extends that right to Massachusetts employees…
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We are proud to announce that in the May 28, 2012 issue of Massachusetts Lawyers Weekly, Bennett & Belfort, P.C. partner David E. Belfort was quoted in Dan McDonald's front page article entitled "Bar Expects Fallout from Cori Reform”. The final provision of the August 2010 CORI (Criminal Offender Record Information) reform law officially went into effect on May 4th, 2012. …
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We are pleased to announce that on May 24, 2012, Bennett & Belfort, P.C. attorney David E. Belfort was quoted in the newspaper, The Boston Herald, in an article entitled "Marylou’s hit with discrimination inquiry: Coffee house chain bitter over federal ‘witch hunt.’" In the context of an EEOC investigation into the coffee shop chain, Marylou's, Mr. Belfort was asked by the reporter to opine on…
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Two recent Massachusetts Superior Court decisions have refined the considerations used to examine the enforcement of non-compete agreements, and whether a material change in one’s employment status is a valid defense. When evaluating non-compete agreements, no two situations are exactly alike and therefore the analysis is individualized and fact intensive. In Grace Hunt IT Soutions v. SIS Software, LLC, (Suffolk Superior…
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