March-April 2014

Good morning!

Thank goodness, spring is almost here; I have really had it with winter!

Grumpy at the sight of still-present snow banks due to week after week of polar vortex temperatures? You bet I am! Tired of postponing meeting after meeting due to THE WEATHER? You bet I am! A professional fondness for Harvey Leonard, WCVB's stellar weatherman, morphing into a mean-spirited, squinty-eyed distaste every night when the 11:00 pm news comes on? Yup, that too!

But then… along came daylight savings time… and the New England Flower Show… and the snow mountain at the back of my driveway is almost gone. And I know better weeks are ahead.

Thank you for letting me rant… I will gladly listen to you this summer when days turn into weeks of 90+ degrees and we are dashing from one air conditioned place to the next (at least, hot weather doesn't cause meeting cancellations!). Happy Spring!

Cordially,


Marijo McCarthy, Esq.
President, Widett and McCarthy, P.C.
Good contracts for growing small businesses

No Confidentiality Agreement? No Protection!

In my experience, clients want to follow their counsel's advice. But… they get busy… move fast… and sometimes, the good advice falls victim to hectic business days.

And then, along comes a stiff reminder of why that advice is so important, in the form of a Court decision. I don't often quote these to clients (they don't want to hear it; they just want the solution). But here goes…

Headline in Lawyers Weekly: "Company can't sue independent contractor for stealing trade secrets… defendant never signed confidentiality agreement."

Ugh. The facts showed that the company had hired an individual as an independent contractor. First mistake, since the Court decided that the so-called independent contractor should have been classified as an employee and should have been briefed on what was company confidential information.

Second mistake: If the company had at least asked the hire to sign a confidentiality agreement, and while the decision on employee vs. independent contractor status might not have been different, the company could have shown that it clearly intended to protect its confidential information.

The case involved two very important issues —

  1. A clear warning about treating someone as an independent contractor when they should be classified as an employee, and
  1. An even more clear warning that, if your business has confidential information worth protecting, you absolutely need to take steps to protect it (even beyond the act of requiring individuals to sign confidentiality agreements).
Of course, no Court decision is necessarily the last word. Injured parties often decide to appeal and, sometimes, a different result ensues. But, the moral of this story is clear:
  • No matter how good or long-term the relationship with someone is, before hiring them, determine whether or not they qualify as an independent contractor [the answer is usually "no" in Massachusetts]. If they do not, be sure that hire is classified as an employee.
  • Don't just stop with the signing of the confidentiality agreement. If your business owns confidential information, establish an internal program to protect it and make sure your employees know it and follow it.
Take the time to do this now… I'd hate to see your company making headlines in Lawyers Weekly someday!


Books We Like

Have you ever picked up a book at 2:00 in the afternoon and found yourself finishing it at 2:00 AM in the morning? That is how "Bloodlines," by local author Neville Frankel, worked its magic on me.

Bloodlines is a novel, but rings with the horrifying truth of a country going through the convulsions of apartheid, played out on the canvas of a family who experiences the same wrenching heartbreak of love, betrayal and separation as the country in which they were born and grew up.

Frankel's descriptive style reveals the truth of his subjects, whether the subject is complicated family emotions or the ever-present rumbling just underneath the surface of South African lives, where the color of their skin defined where and how they grew up, if and how they were educated, whether and how they made their lifelong living and, most telling, what human relationships they could form.

Each primary character tells a version of his or her truth to the book's protagonist, who must then decide what to believe and what to discard. Bloodlines is a sad, beautiful, heart-wrenching, eye-opening novel. I urge you to read it.


About Us

Widett and McCarthy specializes in advising small business owners in the area of contracts. Whether reviewing a contract for services with your customer, negotiating a lease with your landlord or finalizing financing documents with your lender, we make sure your best interests are protected.

In addition, and for those clients whose successful growth requires a more comprehensive relationship, we act as "general counsel:" On-call when you need us as a sounding board, legal advisor and strong right hand.




  • No Confidentiality Agreement? No Protection!
  • Books We Like
  • About Us

  • Legal Tidbit

    Do you ever wonder how long you need to hold onto that ever-growing stack of business records cluttering up your office (or, even worse, costing you money in off-site storage!)?

    If so, let the accountants give you some helpful advice. Visit The G.T. Reilly Advisor and get your copy of the useful "Record Retention Guide," compiled by the Massachusetts Society of CPAs.



    Widett and McCarthy, P.C.
    1075 Washington Street
    West Newton, MA 02465

    Telephone: 617.964.5559
    Facsimile: 617.964.5529

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  • 4 R's of Contract Review
  • U Mass Boston

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