Corporate Agent Wrongdoing – How Far Up the Chain Does Responsibility for Intentional Acts Climb? Only the wrongful actions of agents at senior levels of corporations will be imputed to the corporation for purposes of the rule that any recovery by wrongdoers is blocked. Merrimack College v KPMG Massachusetts SJC (2018) FACTS A bookkeeper in the accounting office of a college made fraudulent entries putting debt onto students improperly. An… Read More
Another Massachusetts Wage Act Case – Agency That Issued Paychecks as Intermediary Only – is not Employer A personal care attendant provided care for an elderly consumer paid for by Mass Health (Medicaid). The pay checks were issued by an agency CPM. The case name is Gallagher v Cerebral Palsy of Massachusetts and was decided by the Massachusetts Appeals Court in September 2017. The care giver sued the CPM agency with claims… Read More
9 Ways To Be A Good Construction Project Owner Own the process and set the tone. Newer design and construction methods use better integration across disciplines and among parties, sometimes using Lean principles, a collaborative spirit and open communications. Getting to know the others on the project will make the inevitable hard conversations, easier to have. Spend early time together with both the design… Read More
Agent’s Cloak of Authority Binds Principal to Unknown Side Loan If you let someone look like they have power to act for you, they can bind you to deals – even to deals you don’t know about. In a recent Massachusetts Appeals Court case, Fergus v Ross a lender used an agent who brought in many loan proposals. Often the loans were backed up by… Read More