To support my corporate law practice and work with business owners, I have become actively involved with the Exit Planning Exchange (XPX). This industry organization provides information, resources and best practices for advisors and business owners to ensure a successful sale of the company. Following is a social media video that I recently shot for XPX.
Aug
29
Media & Entertainment: Copyright, Fair Use and the New Media Artist
It was once the case that the only way for a film-maker to have his or her work viewed by a large audience was to have it picked up by a film or television distribution company. With the advent of online video hosting services like YouTube, artists, professional and amateur alike, are now able to circumvent this process by posting their content on the Internet. The posting of online videos has changed the way people communicate their ideas and express themselves. However, with this explosion in free expression comes a growing debate on the doctrine of Fair Use.
Aug
28
Insurance Defense: Who is Watching Out for Your Interests?
Suppose the unthinkable occurs and you or your business is involved in a serious accident and are sued. Fortunately, you have liability insurance and the insurance company agrees to cover and defend the case. Problem solved, right? Maybe not.
While many people believe that the attorney appointed by the insurance company to defend the case is protecting their interests in the lawsuit, that is not always the case. Insurance counsel must follow the directions of the insurance company and, depending on the value of the claim and the amount of insurance you have purchased, a judgment easily could exceed the policy limits of the coverage, leaving you or your business exposed to liability for any excess judgment. In such cases, businesses should have independent counsel, in addition to counsel appointed by the insurance company, to monitor and help resolve the case in a manner beneficial to the insured, not the insurance company.
Aug
28
Probate: Sweeping Changes to Guardianship Law
Article V of the newly adopted Massachusetts Uniform Probate Code (the “Probate Code”) enacts long overdue changes intended to modernize the guardianship and conservatorship laws in Massachusetts. Effective July 1, 2009, the Probate Code seeks to protect the individual’s fundamental rights and minimize government intrusions imposed by the Probate Court when court involvement is necessary. This article highlights some of the most significant changes.
Aug
28
Student Rights on the College Campus
For the past two years, I have taught an introductory law course at Brandeis University. Each semester, I invite the students to submit legal questions they would like to discuss. Overwhelmingly, the questions that I am asked most often relate to students’ rights on campus: When can campus police enter my room? Can I refuse to let them in? How can the school punish me for something that happens off campus?
Of course, as a good teacher, I answer these questions with one of my own: Were you issued a student handbook upon orientation? The answer: Yes. Next question: Did you read it? The usual answer: Not really.
Aug
26
The Role of a General Counsel as a Specialist
Today’s legal community is rampant with specialists. Specialization, however, has left many businesses without a true General Counsel. That is, without a generalist able to serve as a trusted advisor with business savvy, strategy and experience, provide knowledgeable interpretations of regulations and statutes, and act as a risk assessment expert.
An effective General Counsel realizes that company executives and entrepreneurs need to spend more time steering their companies in the proper direction and know that to do so they need informed but not overly detailed or cumbersome legal strategies, real-time decisions instead of theory, big picture solutions delivered on time and on budget, and advice that is innovative, aggressive and practical.
May
06
Dad Law: I Cannot Believe They’re Adults! (Part 1)
With my oldest daughter now 18 and preparing to go off to college this fall, I suddenly realized that, difficult though it may be for me to comprehend, legally she is an adult. In the Commonwealth of Massachusetts, once a person attains the age of 18, he or she is considered an adult. M.G.L. ch. 231, § 85P.
Before sending your own child off to college, keep in mind that he or she should have certain basic documents in place before they are needed. Without these basic documents, if, as, and, when there is a problem, a family must go to court in order to legally represent the adult student. Read the rest of this entry »
May
06
When and How to Change Your Will
Many people assume it is easy to change their Will; just take out a pen and make the changes you want then file it away for safe keeping. But in reality, a Will may be changed or revoked only by following specific procedures. These are generally best done with the assistance of an attorney.
Massachusetts General Laws Chapter 191, § 8, provides that a Will may be revoked in three ways: (1) by a new document executed in the manner required for a Will; (2) by a change of circumstance giving rise to a revocation implied by law; or (3) by “burning, tearing, canceling, or obliterating it with the intention of revoking it, by the testator himself or by a person in his presence and by his direction.”
May
05
Understanding Chapter 93A’s “Fair Dealing”
While its protection of consumers is well known to most Massachusetts businesses, Massachusetts General Laws Chapter 93A also prohibits businesses from engaging in unfair and deceptive business practices in their dealings with other businesses. The potential reach of Chapter 93A in this area is broad since, to constitute a violation of the statute, the conduct in question need not be illegal, but only “within at least the penumbra of some… established concept of unfairness.” PMP Assocs. v. Globe Newspaper Co. “The statute works from its own bottom. Actionable unfairness does not require an established common-law wrong or breach of an equitable standard.” Renovator’s Supply, Inc. v. Sovereign Bank.
About Our Law Firm
Proactive Consultation and Advice
Konowitz & Greenberg, P.C. is not your average law firm. Our unique approach to law both protects individual and corporate clients in the event of law disputes, as well as provides proactive consultation and advice to clients as they plan for success in their business and personal lives.
