BUSINESS LAW

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Massachusetts Operating Agreements: What You Need To Know

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By Sarah Eskreis

You have chosen your ideal entity type, a Limited Liability Company (LLC), so what’s next? Once you have filed your Certificate of Organization, you must consider how you want your LLC to be structured and governed. This can be done in one of two ways. You can choose to default to the Massachusetts Limited Liability Company Act (Act) or you can create an operating agreement. An operating agreement is a document that helps members or managers customize the terms and functions of the LLC to suit their needs. The operating agreement is a contract that binds the LLC’s members and managers . . .

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When and Why a Business Should Implement a Sexual Harassment Policy

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By Elena J. Despotopulos

In the wake of the #MeToo and #TimesUp Movements, as well as the highly publicized charges against people such as Harvey Weinstein and Kevin Spacey, sexual harassment is very much in the public conversation. Business owners should take this shift in conversation to reflect on their business’s harassment policies and to consider if it is compliant with applicable laws. And if such a policy does not exist, businesses should consider implementing one . . .

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FCC Chair Signals Possible End to Sinclair-Tribune Deal

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By Elena J. Despotopulos

On May 8, 2017, Tribune Media Company and Sinclair Broadcast Group announced the planned acquisition of Tribune by Sinclair, a deal that will cost Sinclair $3.9 billion, as well as the assumption of $2.7 billion in debt. See Gary Weitman, Sinclair Broadcast Group To Acquire Tribune Media Company For Approximately $3.9 Billion, Tribune Media (May 8, 2017, 1:00PM). If approved, Sinclair will acquire Tribune’s 42 television stations in 33 markets, bringing Sinclair’s total ownership, operation, or service provision to 233 television stations in 108 markets. Id. Sinclair will own and operate the largest number of stations of any station group. See Sinclair and Tribune, MB Docket 17-179, FCC.gov (last visited July 19, 2018) . . .

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The International Entrepreneur (IE) Rule: One Step Forward, Two Steps Back

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By Angelika Romero and Timothy Sheble-Hall

Last month, the Department of Homeland Security (DHS) announced it will be removing a controversial rule in business immigration law: the International Entrepreneur (IE) Rule. See DHS Proposes to Remove the International Entrepreneur Rule, U.S. Citizenship and Immigration Services (last updated May 25, 2018). The IE Rule was promulgated by the DHS under the Obama Administration to “encourage international entrepreneurs to create and develop start-up entities with high growth potential in the United States.” International Entrepreneur Rule, 82 Fed. Reg. 5238 (Jan. 17, 2017) . . .