Jeffrey N. Fink’s Answers

Jeffrey N. Fink

Wellesley Business Attorney.

Contributor Level 4
  1. Can condominium trustees and/or management company provide mediation for a dispute between two conflicting owners?

    Answered about 2 years ago.

    1. Jeffrey N. Fink
    2. Christopher McHallam
    3. Anton R. Reinert
    3 lawyer answers

    Massachusetts has no procedure for a governmental body to license or certify mediators. As my colleagues have written in prior answers, the closest we come is a mediation confidentiality statute that protects everyone in the process from being called to testify as to what happens in the mediation. The statute has both a training and experience requirement. More important than the license is the ultimate result of the mediation. While we all mediate in our daily lives (between children...

    Selected as best answer

  2. In a S-corp, if my partner does not pay me, and I am stuck paying their tax liability for profits, what is the penalty?

    Answered 5 days ago.

    1. Roger P Glovsky
    2. Jeffrey N. Fink
    3. Jeffrey L. Cohen
    3 lawyer answers

    Mr. Glovsky is right. The bottom line for you is that the company documentation may give you enough ammunition to encourage the company to make at least a minimum distribution to cover your taxes. There could also be grounds for a civil suit depending on what the company is doing with the cash, although that could be a slow and expensive process. If you do go down that road, in a case like this I'd think of litigation as a tool to bring the company to the negotiating table rather than...

    3 lawyers agreed with this answer

  3. Commercial lease and corporation . i am a business partner at c store . it was all verbal agrement business.

    Answered almost 2 years ago.

    1. Jeffrey N. Fink
    2. Mark Joseph Guay
    3. C. Theodore Mariolis
    4. Herbert Warren Cooper IV
    4 lawyer answers

    It depends. You have to look very closely at the facts. The first thing to consider is whether there was an enforceable oral agreement to issue you shares in the corporation, evidenced in part by your agreeing to put your name on the lease. Another thing to look at is whether the corporation has been run as if you are an owner - for instance, if it's an S-corp, was it issuing you a K-1? On the other hand, if the corporation has a history of making distributions to other family members but not...

    3 lawyers agreed with this answer

  4. How much can the technical co-founder be bought out given that he built the entire software of a SaaS company?

    Answered about 2 months ago.

    1. Jeffrey N. Fink
    2. Paul Holt Spitz
    3. Mark Joseph Guay
    4. Joel Michael Ruffini
    5. Justin C. Lowenthal
    6. ···
    6 lawyer answers

    My colleagues make great points. Your legal position (which translates directly to your negotiating position) depends on a number of background questions that are difficult for lawyers to evaluate in a short question and answer format like this. You may be in a stronger position than you think depending on exactly how the business and intellectual property were documented. Also, your partners are not correct that a pre-revenue company has little or no value. If that were the case, all the...

    2 lawyers agreed with this answer

  5. Can I specify a court location for legal disputes in a state other than the LLC home state?

    Answered about 1 month ago.

    1. John O. Postl
    2. Danielle M. Callahan
    3. Jeffrey N. Fink
    4. Mark Joseph Guay
    4 lawyer answers

    Generally, yes, if there's a connection to that state. However, in most states in order to go to court you'd need to register as a foreign LLC. You might need to do that anyway depending on your business. I'd definitely speak with a lawyer to be sure it was all done in a way that's enforceable.

    1 lawyer agreed with this answer

  6. Can I give my share of corporation of 50 acres to a friend with just a letter that's notarized.or do I need lawyer

    Answered 5 months ago.

    1. E. Alexandra Golden
    2. Jeffrey N. Fink
    3. Mark Joseph Guay
    3 lawyer answers

    It may be a very simple transfer (signing the back of the stock certificate, like endorsing a check) but if you don't do it right it could lead to much more expensive problems down the road. It's worth having a lawyer who works with small businesses look at it.

    1 lawyer agreed with this answer

  7. How do i learn if i am being treated fairly or not in the family business? what can i do. what should i do? millions of dollars

    Answered 11 months ago.

    1. John O. Postl
    2. Steven S. Bloom
    3. James Ostendorf
    4. Jeffrey N. Fink
    4 lawyer answers

    Tough situation. But my fellow lawyers are right, we don't know enough to advise you well. You may have many rights or you may have few. For starters, check out my Avvo legal guide on How to Deal with a Business Partner Dispute.The first question any lawyer should is whether the company bought your stock back when you were fired, and then start exploring the situation from there to see if there are any angles that give you rights. I'd *strongly* suggest you find a lawyer with relevant...

    1 lawyer agreed with this answer

  8. Out-of-court mediation vs Court-Ordered mediation?

    Answered almost 2 years ago.

    1. Thomas J Callahan
    2. Michael R Crosner
    3. Thomas O. Moens
    4. Jeffrey N. Fink
    4 lawyer answers

    Many summary process sessions around Massachusetts have pro bono mediators available to help resolve matters. These people volunteer their time through community mediation centers that have relationships with the courts. Some courts order everyone through the process, others suggest it, and still others just let parties know it's available. It depends on the judge. In any case, I'd call it "court-connected mediation." However, in the end it does not really matter. If you reached an...

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