July 2013

New form needed for employee background checks

If you use an outside agency to perform background checks on employees or job applicants, then a federal law called the Fair Credit Reporting Act requires you to provide a form to any person if you take adverse action against them based on the results of the report. This form summarizes the rights of the employee or applicant under the law. You should note that a new form is required to be used starting in 2013.

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Important news if you’re thinking of applying for a patent

As of March 2013, the way that patents are granted in the U.S. has undergone a radical change. For more than 200 years, when two or more people claimed to have invented something, the key question was who actually invented it first. Starting now, however, the key question will be who was the first to file a patent application. This means that the second person to invent something might nevertheless “win” the patent simply by winning

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Should your company adopt a Roth 401(k) plan?

The new tax law that resolved the “fiscal cliff” back in January will prompt many more companies to offer their employees a Roth 401(k) plan in addition to a traditional 401(k) plan. In a traditional 401(k) plan, employees contribute pre-tax earnings, the assets grow tax-free, and an employee can withdraw them at retirement age and pay ordinary income tax on the withdrawals. With a Roth 401(k), employees contribute post-tax earnings, but when they withdraw the assets

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What arbitration clauses should say (and usually don’t)

A large number of business contracts contain some “boilerplate” language to the effect that any disputes will be resolved by arbitration. That’s fine – but a good arbitration clause should be a little more specific, and should resolve the most common sorts of questions that tend to arise when problems actually do go to arbitration. After all, the point of an arbitration clause is to provide a quick, inexpensive resolution of disputes. So why allow an

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‘Bring your own device to work’ policies carry legal risks

More and more businesses are allowing employees to use their own laptops, tablets and smartphones for work, instead of providing the equipment themselves. About a third of all large companies in the U.S. now have a “bring your own device” policy, and about half of smaller companies do. These policies have a lot of advantages, but they can also create security and legal risks. If you have such a policy, or you’re thinking of adopting one,

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Estate Planning

David was recommended to me by a mutual friend and I was immediately impressed by his knowledge of estate planning law. He took the time to explain our options and was very honest, even steering us away from the most expensive option as it did not provide the best value at this point in our lives. David and his team provided us with a Will, Living Will, Healthcare Proxy, Power of Attorney, and HIPAA privacy documents.

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Estate Planning

Margaret and her team at Beliveau Law Group recently helped my wife and I create our first estate plan. She took the time to answer our questions and explain the different options available to us. She was very knowledgeable when it came to probate, trust, and tax considerations. She provided us with a Will, Living Will, Healthcare Proxy, Power of Attorney, and HIPAA privacy documents. We would recommend Margaret without reservation.  ~ Gabe, estate planning client

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I highly recommend Mary Hart

Mary was recommended by one of my family members. She is not only very knowledgeable about Real Estate, but also always returns my call in a short period time answers every question I have, and also has a reasonable fee. I would highly recommend Mary for any of Real Estate need. ~Diana, a real estate client

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July 31, 2013 Seminar: Medicaid Applications, Planning, and Asset Protection Plans

Date: Wednesday, July 31, 2013 Time: 11:45 a.m. Location: Woodland Golf Club’s Doyle Room 1867 Washington Street Newton, MA  02465 RSVP to this seminar by calling Kenneth J. Raffol at 781-449-3343 or by emailing Anne at tabs@hhcocpas.com Speakers: Margaret L. Cross-Beliveau Esq., LL.M. Admitted to the Massachusetts and Louisiana Bars This seminar brought to you by Heald Hoffmeister and Company, Inc.

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What to know about future interests in a real estate deal

Many contracts involving real estate don’t involve an immediate sale or lease of a property. Instead, they contemplate a future sale or lease, and give the parties various rights involving the future transaction. The most common of these future rights are an “option,” a “right of first refusal,” a “right of first offer,” and a “right of first negotiation.” These terms can be confusing, and it’s very important to understand the difference. For example, suppose Alan

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