Business Law Articles

Supreme Court: Businesses can register scandalous trademarks

The Lanham Act, a federal law that prohibits scandalous and immoral trademarks is unconstitutional, according to a ruling by the U.S. Supreme Court. Registering a trademark has its benefits. Someone who owns an registered trademark can use it in commerce and enforce it. Registering a trademark provides “constructive notice of the registrant’s claim of ownership,” thereby protecting the owner against certain defenses if a patent infringement action arises. With a registered trademark, the owner has constructive

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What are my Massachusetts business income tax obligations?

How a business is taxed depends in part on the business’s legal form. The five most common types of Massachusetts businesses include corporations, S corporations, Limited Liability Companies (LLCs), partnerships, and sole proprietorships. Most states subject corporations to a corporate income tax. In contrast, pass-through entities such as S corporations, LLCs, partnerships, and sole proprietorships are subject to a state’s tax on personal income. Tax rates vary widely among states regarding both corporate and private income.

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Report: Companies must be prepared for cybersecurity regulations

Report: Companies must be prepared for cybersecurity regulations A new report indicates that companies need to prepare for a flood of cybersecurity regulations nationwide. The 2019 Compliance Landscape Report by Edgile, a cyber risk and regulatory compliance partner to Fortune 500 companies, reviewed state bills, resolutions and laws across the country. The report states that in 2018, at least 35 states reviewed more than 265 cybersecurity-related bills and resolutions. Fifty of them became law. This trend

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Legal pitfalls of crowdfunding campaigns

Legal pitfalls of crowdfunding campaigns You have the next big idea and need some cash to make it happen. Crowdfunding campaigns, such as Kickstarter and IndieGogGo, can be effective ways to get a boost, offering contributors a reward in exchange for a financial contribution to the future of your business. Before you jump in, it’s important to be aware that these campaigns aren’t without risk. The first thing to pay attention to is the language you

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Landmark decision allows suits against companies for collecting biometric data

Landmark decision allows suits against companies for collecting biometric data In a ruling that’s expected to have widespread implications, the Illinois Supreme Court has held that consumers can sue companies for collecting biometric data, including facial scans or fingerprints, if the companies fail to disclose how the information will be used. The court unanimously said companies that gather people’s data improperly could be held liable for damages, even without concrete injury to the consumers. The ruling

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OSHA revises electronic recordkeeping rule; Labor groups file suit

OSHA revises electronic recordkeeping rule; Labor groups file suit The Occupational Safety and Health Administration (OSHA) has eliminated the requirement that employers electronically submit Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report). OSHA published the revised rules in the Federal Register at the end of January. The rule still requires certain employers to submit Form 300A electronically every year. This requirement applies to (1) establishments with 250 or more employees;

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How to collect on a customer debt

Businesses need to get paid to stay afloat, and it’s no fun to spend a lot of time collecting a debt from a customer. When someone doesn’t pay and you need to collect, here are some tips for doing it: Be sure you know the rules where you live. State law debt collection rules vary. While the federal Fair Debt Collection Practices Act applies only to third-party debt collectors and lawyers, some state laws apply to

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Can noncompete be enforced against independent contractor?

A noncompete clause in an employment contract can be an effective way to keep a worker from leaving to work for a competitor for a defined period of time after he or she stops working for you. Sometimes independent contractors have as much, or nearly as much, company-specific knowledge as employees. So the question is whether you should include a noncompete clause in your independent contractor agreement. If you require independent contractors to sign a noncompete

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EEOC requires businesses provide pay info by Sept. 30

All businesses with 100 or more employees and federal contractors with 50 or more employees must submit their 2018 pay data to the U.S. Equal Employment Opportunity Commission (EEOC) by Sept. 30, a federal judge in Washington, D.C., has decided. The information, which must include how much each employer paid workers of various sexes, races and ethnicities last year, is intended to be part of the EEOC’s ongoing collection of demographic data. Businesses must submit the

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Protect against possible hacking of company car GPS

Businesses that insert GPS trackers in their employees’ cars tend to see improved productivity, efficiency and safety. These devices also come with concerns over employee privacy, but the benefits often trump the risks. However, a recent report brought to light a measurable hacking risk with GPS trackers. The report in Motherboard stated that a hacker known as L&M has hacked into more than 7,000 iTrack accounts and more than 20,000 ProTrack accounts. Companies use these apps

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