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Business and Non-Profit Law

Recent Federal Court Decision Addresses Massachusetts Non-Compete Act

12 November 2021

By Hannah Schindler Spinelli and Scott M. Zanolli The 2018 enactment of the Massachusetts Noncompetition Agreement Act, G.L. c. 149, § 24L (the “Act”), changed the Massachusetts noncompete landscape by setting forth certain specific minimum conditions which must be included in any noncompete agreement in order for the agreement to be deemed valid and enforceable. One such requirement mandates that...

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Recent Federal Court Decision Addresses Massachusetts Non-Compete Act

Negative Internet Reviews: Respond or Not?

6 May 2019

By Robert R. Pierce Over the last five years, the firm has received many calls from business owners who have received negative reviews from customers, or in some cases, non-customers. “What should I do?” They ask. More often than not, my answer is to do nothing. When a customer gives a one-star review about the service rendered, it is simply...

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Negative Internet Reviews: Respond or Not?

Bridgewell Names Sam Hoff to Board of Directors

9 April 2018

Bridgewell, Inc., a Massachusetts non-profit organization that provides social and human services which empower individuals with disabilities and other life challenges to live safe, self-directed, and productive lives, has appointed Sam Hoff, an Associate at Pierce & Mandell, P.C. to its Board of Directors. At Bridgewell, Sam will serve on the Finance and Development & Marketing Committees. Based in Peabody,...

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Bridgewell Names Sam Hoff to Board of Directors

Pierce & Mandell Attorney Sam Hoff Explains the Distinctions in Tax-Exempt Status Choices

5 December 2017

501(c)(3) v. 501(c)(6): What Every Non-Profit Incorporator Needs to Know By Sam Hoff One question that we often receive from clients seeking to form a new non-profit corporation is “Should I apply for 501(c)(3) or 501(c)(6) tax-exempt status?” The short answer is that it depends! The type of tax-exempt status that a corporation can obtain is influenced by its stated...

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Pierce & Mandell Attorney Sam Hoff Explains the Distinctions in Tax-Exempt Status Choices

SJC Ruling Provides New Remedies for Shareholders of Deadlocked Corporations

13 November 2017

By Sam Hoff In its recent ruling in Koshy v. Sachdev, the Massachusetts Supreme Judicial Court issued an early holiday gift to any shareholder of a deadlocked Massachusetts corporation. Thanks to the SJC’s ruling, such shareholders now have available to them several alternative forms of relief which may allow them to regain control of their corporation, as opposed to taking...

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SJC Ruling Provides New Remedies for Shareholders of Deadlocked Corporations

Pierce & Mandell Attorneys Help Merge Golf Associations

1 August 2017

By Hannah S. Spinelli In a historic move, on May 10, 2017 The Women’s Golf Association of Massachusetts, Inc. (“WGAM”) and Massachusetts Golf Association, Inc. (“MGA”) signed a merger agreement turning the two non-profit organizations into one golf association effective January 1, 2018. The interests of both groups will be united and efforts combined to promote the game to all...

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Pierce & Mandell Attorneys Help Merge Golf Associations

Tom Kenney Comments on the Supreme Court’s Recent Decision to Trim Remedies for Copyright Owners

26 August 2016

by Thomas E. Kenney For copyright owners, a copyright registration provides substantial benefits.  A copyright registration grants the owner the right to collect “statutory damages” against the infringer – ranging from $750 to $30,000 per violation.  Additionally, a registrant may recover from the infringer the attorneys fees it incurred in prosecuting litigation against the infringer.  Traditionally, copyright owners have been...

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Tom Kenney Comments on the Supreme Court’s Recent Decision to Trim Remedies for Copyright Owners

Tom Kenney quoted in Boston Globe article regarding Commonwealth School trademark litigation

17 June 2016

Pierce & Mandell partner Tom Kenney, who chairs our Trademark and Copyright Practice Area, was recently quoted in a Boston Globe article on pending litigation between Boston’s The Commonwealth School and Springfield’s Commonwealth Academy. Tom discussed one of the cardinal principles of trademark protection and trademark litigation: who prevails is often determined by the extent to which the parties market...

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Tom Kenney quoted in Boston Globe article regarding Commonwealth School trademark litigation

Redskins’ Trademark Registrations May Survive

19 January 2016

By Thomas E. Kenney There is an old adage in sports that sometimes a team wins even when it doesn't play. While the Redskins lost in the opening round of the playoffs, they recently scored a victory in their fight to retain their REDSKINS registered trademarks - in a court case in which they are not even a party. In...

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Redskins’ Trademark Registrations May Survive

The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying by Thomas E. Kenney

17 July 2015

by Thomas E. Kenney U.S. trademark law is deeply rooted in Common law, but even after Congress enacted federal law prescribing trademark rights in 1870, those rights have been repeatedly tested and redefined. But trademark protection is a door that swings both ways, writes Pierce & Mandell attorney Thomas Kenney  in a recent article which appeared in the July 2015...

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The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying by Thomas E. Kenney

The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying by Thomas E. Kenney

27 May 2015

An article entitled “The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying” by Thomas E. Kenney recently appeared in the Spring 2015 edition of Massachusetts Bar Association’s Complex Commercial Litigation Section Newsletter.        

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The Trademark Owner’s Dilemma - Vigorous Enforcement of Rights or Bullying by Thomas E. Kenney

Medical Marijuana Gets a “Top to Bottom” Review Under New Public Health Commissioner - Boston

9 April 2015

By: Curtis B. Dooling On April 8th, the Massachusetts Department of Public Health (“DPH”) announced extensive changes to the Medical Marijuana Dispensary Program, according to The Boston Globe and other media accounts. The changes, announced by DPH Commissioner Dr. Monica Bharel, follow what she described as a “top to bottom” review of an application process that has been plagued with...

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Medical Marijuana Gets a “Top to Bottom” Review Under New Public Health Commissioner - Boston

Hall and Oates Say “No Can Do” To Use of “Haulin’ Oats” For Granola

6 March 2015

By Thomas E. Kenney Enjoying a rather modest return to the spotlight after spending years in the “where are they now” category, aging pop/soul duo Daryl Hall and John Oates is back to doing what famous people do – suing others.  On Wednesday, Hall and Oates’ partnership, Whole Oats Enterprises, sued a Brooklyn based company, Early Bird Foods & Co.,...

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Hall and Oates Say “No Can Do” To Use of “Haulin’ Oats” For Granola

Pierce & Mandell Prevails in Federal Trademark Infringement Case - Boston

26 March 2014

By: Scott M. Zanolli Pierce & Mandell, P.C. recently obtained a dismissal of a Massachusetts federal court trademark infringement case filed against Pierce & Mandell’s out-of-state client. The complaint alleged that CableSouth of Tennessee used plaintiff Media3 Technologies’ trademark on its website in violation of federal, state, and common-law. CableSouth, a cable and internet provider operating in a limited number...

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Pierce & Mandell Prevails in Federal Trademark Infringement Case - Boston

Sales Rep can Sue for Commissions Despite Expiration of Written Contract

18 March 2014

Michael C. Fee was quoted in the March 12 Lawyers Weekly article entitled: “Sales rep can sue for commissions despite expiration of written contract”. Click to enlarge  

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Sales Rep can Sue for Commissions Despite Expiration of Written Contract

Storm-Related Business Loss - What to do When Your Insurer Denies Your Claim, Boston, MA

14 March 2013

By: Dennis M. Lindgren In an attempt to insulate themselves from the vagaries of unpredictable weather, companies typically (and wisely) carry various types of insurance, including but not limited to, polices to protect against property/building damage, inventory damage, equipment/vehicle damage,  and business interruption. Nevertheless, the best laid plans of even the most prudent company can easily be thwarted by adjusters...

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Storm-Related Business Loss - What to do When Your Insurer Denies Your Claim, Boston, MA

What is the Architectural Access Board and What Do I Do with its Subpoena?

22 February 2013

By: Michael C. Fee A little known but nonetheless powerful division of the Massachusetts Office of Public Safety is the Massachusetts Architectural Access Board (“AAB”) whose mission it is to enforce regulations designed to make public buildings accessible to, functional for, and safe for use by persons with disabilities. The regulations, codified in the Code of Massachusetts Regulations as 521...

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What is the Architectural Access Board and What Do I Do with its Subpoena?

The League Championship of Branding

1 February 2013

By Thomas E. Kenney Sunday, of course, is the “Big Game”, or perhaps you prefer the “Professional Football Championship”.  I will not use the term “Super B---“ – I do not want to receive a nasty letter from the NFL’s trademark law firm.  That name is reserved for the use of the league and its “corporate partners”. Putting aside the...

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The League Championship of Branding

Annual Certification of Taxable Exemptions - Changes in the Process

16 January 2013

By: Kate Auerbach The Annual List of Corporations Subject to Taxation in Massachusetts (the “List”) is used to determine which entities or corporations are entitled to certain types of local property tax exemptions.  In the past, any entity seeking to be included on the List had to file a one time application and, once granted, the classification and tax exemptions...

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Annual Certification of Taxable Exemptions - Changes in the Process

Buyer Beware: Specific Promises May Trump Conflicting Boilerplate Exclusions

18 December 2012

In practice sale documents one thing is certain: precision matters.  In a recent case, In re Quincy Medical Center, Inc.1, the Massachusetts Bankruptcy Court rejected a boilerplate provision in an Asset Purchase Agreement (“APA”) explicitly denying rights to third party beneficiaries in favor of a more precise, albeit conflicting, provision bestowing benefits upon a third party class. This case involved...

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Buyer Beware: Specific Promises May Trump Conflicting Boilerplate Exclusions