A Contest that Uber Didn't Want to Win (But Did)

May 04, 2018

It finally happened, unfortunately. A self-driving car claimed its first fatality in -------------- There will regrettably be more--that's a given. This time it was a pedestrian who was killed. But the next time it may be a driver who has a front end collision with another vehicle. Or a side impact. Maybe a rear-ender. Or a rollover. Who knows? Car accidents come in many variations. But the point is this: In the starkest and coldest terms, the companies developing autonomous cars ultimately view these fatalities as nothing more than this: the gathering of data. While I expect Uber to issue...

Monkey See, Monkey Do. Lawyer See, Lawyer Sue.

May 03, 2018

One of the first rules I learned as a young litigator---painfully sometimes---was a pretty important one: Don't waste the court's time. Don't waste the court's time with frivolous lawsuits or motions or appearances if you can help it. It's a good rule to live by in any court, but certainly in those busy courts with congested dockets and overworked judges. I recall a few formative experiences early in my career when a judge would let me or the other attorney know in no uncertain terms that he/she didn't appreciate having the court's time wasted on matters that could either be...

Hey....hands off my (free) porn!

March 15, 2018

We here in Boston like to think of ourselves as relatively sophisticated folk. We know that Boston is one of America's oldest and most historical cities. We're proud of our prestigious world-class universities. We enjoy our thriving technology and entrepreneurial scene. We even have some great restaurants. But just like most other people in any American city, we really like....our porn. Yes, that's right: We uptight New Englanders are known for maybe, sometimes, occasionally glancing at a porn site or two. And we especially like our free porn sites---particularly given our reputation for New England thriftiness. (There's a reason Filene's...

D’oh! Stupid Television. How I’ll be missing you soon.

February 23, 2018

I have a dumb TV. A really dumb TV. How dumb? So dumb that it doesn't even know who I am. It has no idea what I watch on it. Or when. It doesn't listen to me no matter how much I talk to it. Without my Comcast voice remote giving it the technological crutch it needs, my TV would ignore me completely when I speak. It can't see me either---it's blind as a bat. The internet? Never heard of it. And it doesn't even try to learn anything about me---it has no motivation at all. So it's deaf, dumb...

Oversharing claims another worker (yet again)...

February 14, 2018

After my last post on the Consumer Review Fairness Act and protecting a person's right to complain, I came across this story which highlights the dangers of complaining too much---especially about your employer's customers. Tamlynn Yoder, a server at an Outback Steakhouse in Florida, lost her job when she complained on Facebook that a customer, a local mega-church, failed to tip her for its large $735 takeout order when a volunteer picked it up at the restaurant. I wasn't shocked to learn that Yoder was only 25 years old. It seems that millennials have rightly earned the title of the...

Muzzling the Muzzlers: The Consumer Review Fairness Act

February 01, 2018

When you’re the only lawyer in your family, you get a lot of legal questions from family members regardless of your practice area. Whether it’s personal injury, criminal law, real estate—whatever—you become the go-to source for all things legal. Even though I’ve been practicing in the technology, internet, and intellectual property fields for over two decades, anything legal apparently means everything legal where family is concerned. So… …My nephew, who is completing graduate school in Georgia, had a problem recently with his landlord because of water and mold in his now-former apartment. After I perused Georgia’s rather unfriendly tenant law...

Collateral and Loans

March 12, 2015

Using the Right Collateral with Your Loan Borrowing money to start a business can be a risky move, but it can also be a very smart decision if you have a good enough plan in place. Prior to applying for a business loan, it is important that you talk to lenders and find out all of the best options available to you. This can help you find the best rates and also ensure that you get the best deal. More importantly, it can help you determine what to use as collateral on your business loan. What Are Some Options...

New Medical Practice

March 05, 2015

Setting up A Professional Practice: Medical and Dental Professionals Whether you are an all-purpose physician, pediatrician, dentist, or any other doctor, there are plenty of advantages to starting your own private practice. Not only does this give you the freedom to work with who you choose but it also gives you the flexibility to work on your own schedule. Despite this, it is important to realize that starting a professional practice is just like starting any other business, which means you need to make a profit. Remember You Are in Business One of the biggest challenges professionals run into...

Articles or Certificates

February 26, 2015

Articles of Organization or Certificate of Organization? Starting a new business is like embarking on an exciting adventure, however, you don't want to get so caught up in the fun, creative stuff that you neglect the more mundane but very important details. This includes the filing of certain documents, and which ones you need often depends on the state and the type of business you are opening. If your business happens to be in Massachusetts, two types of documents you need to be aware of are the articles of organization and the certificate of organization. Determining Your Business Type...

Best Business Practices

February 19, 2015

Using a Term Sheet – Following Best Business Practices Starting a new business deal can take a lot out of you. Unless the unheard of happens and both parties are on the same page to begin with, there are many different factors that come into play. Both parties need to make concessions and negotiations can drag on for weeks, months, or even years. Before you consult with a business attorney to draw up a legal contract, it is important that both parties can agree on the terms. This ensures that you don’t spend more than you need to on...

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