Gilman, McLaughlin & Hanrahan, LLP Boston Business Law Attorneys | Massachusetts Real Estate Lawyers | Construction Law Firm 2026-07-21T08:44:35Z https://www.gilmac.com/feed/atom/ WordPress On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Litigation options for disputing real estate partners]]> https://www.gilmac.com/?p=48973 2026-07-21T08:44:35Z 2026-07-21T08:44:35Z Legal options when facing a difficult partner Massachusetts law gives several options for resolving problems between real estate partners, such as:
  • Breach of contract claims: If a partner violates obligations in the partnership or operating agreement, another partner may ask the court to enforce the contract or pay damages.
  • Fiduciary duty claims: Partners generally owe fiduciary duties, including duties of loyalty and care, depending on the nature of the business entity and the governing agreement. When a partner places their own interests ahead of the partnership’s interest, the other partner can sue them for breach of fiduciary duty.
  • Partition actions: In some cases, the co-owners can ask the court for a partition of the property. This forces a sale or divides the physical asset.
  • Dissolution or buyout: Partners may ask the court to end the partnership, or one partner may buy the other’s share so the business can continue.
  • Injunctive relief: If a partner is causing immediate harm, such as leasing property to a company at below-market rent, the court may order them to stop the action.
Solving real estate partnership problems is about more than winning the case. Partners also need to protect their property’s value and their financial assets. Effective litigation helps partners obtain financial information, get a fair price for buying out the other partner's share and leave the partnership with fewer unresolved issues.

Securing your assets through litigation

Real estate partnership litigation is not easy, but the right legal strategy can make a real difference. Acting quickly, documenting the dispute and consulting an attorney early can give partners a chance at protecting both their investment and peace of mind.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[What does it mean to pierce the corporate veil?]]> https://www.gilmac.com/?p=48971 2026-07-14T12:48:14Z 2026-07-14T12:48:14Z Owners can be directly liable in special circumstances Formal business structures are separate from the people who own and operate them. Limited liability companies (LLCs), partnerships and corporations are separate entities. Piercing the corporate veil is the legal term for asking the courts to eliminate the legal protection granted to those who run businesses, such as LLCs and corporations. Particularly in cases where there is evidence of misconduct on the part of one owner or member, the courts may agree to allow creditors or plaintiffs to take action against an owner rather than the company itself. While the business may be insolvent or may no longer exist, the individual responsible for the company may have valuable assets or future income that can help compensate the plaintiff organization. Exploring every option is important when preparing for commercial litigation. An attorney can help people explore different legal remedies, such as piercing the corporate veil to hold company leaders responsible for harm caused.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Tracing assets across state lines during commercial litigation]]> https://www.gilmac.com/?p=48970 2026-07-05T18:13:28Z 2026-07-05T18:13:28Z When a Massachusetts business dispute turns into a judgment, the real fight often starts after the verdict. Debtors move money, retitle property and shift accounts to friendly states. Because of this, creditors and their attorneys need to trace these assets before they vanish for good.

Why Massachusetts cases often cross borders

Massachusetts hosts thousands of companies with operations in New York, Connecticut and beyond, so disputes rarely stay within state lines. A defendant can open bank accounts in Delaware, park real estate in Florida or route payments through a shell company in Nevada. As a result, attorneys who litigate in Suffolk or Middlesex County must think beyond state lines from day one.

Start with public records and discovery tools

Fortunately, Massachusetts courts allow broad post-judgment discovery. Attorneys can serve interrogatories, subpoena bank records and depose the debtor about assets. From there, investigators can pull UCC filings, property records and business registrations from other states. Together, these records reveal where money moved and who controls it now.

Use forensic accountants strategically

Once these leads surface, forensic accountants can trace fund transfers across multiple jurisdictions. They follow wire transfers, credit card statements and tax filings to build a timeline. This timeline shows exactly when assets left Massachusetts and where they landed, giving attorneys a clear map to follow. Courts respect this kind of documented evidence far more than speculation.

Coordinate with out-of-state counsel

Even with a clear trail, a Massachusetts judgment doesn't automatically reach assets in another state. For that reason, attorneys need local counsel to domesticate the judgment under that state's version of the Uniform Enforcement of Foreign Judgments Act. This step then lets creditors garnish wages, seize property or freeze accounts outside Massachusetts.

Watch for fraudulent transfers

Meanwhile, attorneys should stay alert for fraudulent transfers. Massachusetts follows the Uniform Fraudulent Transfer Act (UFTA), which lets creditors unwind transfers made to dodge a judgment. For instance, if a debtor sells property to a relative for a fraction of its value right after losing a lawsuit, that transfer can get reversed. In these cases, courts look closely at timing, price and the relationship between the parties.

Act quickly

Ultimately, assets move fast once a debtor senses trouble. That's why Massachusetts creditors who start tracing early, use every discovery tool available and bring in the right experts stand the best chance of collecting what they're owed.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[How does a variance affect commercial real estate?]]> https://www.gilmac.com/?p=48969 2026-07-05T02:15:46Z 2026-07-05T02:15:46Z deviate from the regulations in a specific way. Most properties are zoned for certain types of use, such as commercial, residential or industrial. When the zoning does not line up with the goals of the property owner, a variance may be necessary.

Running a commercial operation

A common example is when someone owns a piece of property that is zoned for residential use, but they want to start a commercial operation. If they just open the business and start operating, the local government could shut them down. If they receive a variance, they may be allowed to start commercial operations even though the properties around them remain residential. This does not actually change how the zoning works for any other property owners. A variance only applies to that one specific property and its unique situation. There are many factors that are considered when determining whether or not the variance should be granted. The government will consider how nearby property values will be affected, for example, or whether there is outspoken opposition from neighboring property owners.

Issues with commercial property

When facing any type of land use issue involving commercial property, it is imperative for owners to understand local laws, regulations, ordinances and zoning requirements. They also need to know exactly what legal steps to take, which is why it can be helpful to work with an experienced attorney.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Disputes in the family business can be complex]]> https://www.gilmac.com/?p=48967 2026-06-23T18:24:52Z 2026-06-23T18:24:52Z Disputes in any business are serious because they can directly impact the company’s future; however, the effects are often more noticeable when the individuals arguing are those running a family business.  Family business disputes are often difficult because they can push family members away from each other. This is one situation that blurs the line between business partners and family members. 

Common causes of disputes in a family business

Disputes in a family business often start with unclear expectations. One family member may believe that they get to have a specific office or job title, but that was never provided to them. Having clear expectations from the start can help to minimize the chance of a dispute occurring because of this point.  Even though this is a family business, there should still be governing documents that include things like operating agreements, buy-sell provisions and shareholder agreements.  Communication challenges can also lead to major disputes, particularly if most of the communication occurs offline or as a family. When tensions are elevated because of the dispute, it might be impossible to make any headway. Because of this, it might be best to limit how long you work on trying to find a solution before taking a break to calm down and refresh your mind about what’s going on.  If the family members can’t reach an agreement for the business, it might be necessary to look into other options. This could include mediation, arbitration or legal action. Working with someone who’s familiar with this business matter may be beneficial.   ]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Securing evidence from out-of-state or international businesses]]> https://www.gilmac.com/?p=48966 2026-06-10T15:43:24Z 2026-06-10T15:43:24Z Successful business litigation typically requires thorough documentation. People need financial records, contracts and other documentation to validate the claim that a breach of contract or actionable business tort occurred. Frequently, evidence of contract violations or business misconduct comes from internal company records. The formal discovery process before the trial begins allows a plaintiff or defendant organization to request non-public information from the other party involved in the lawsuit. If the other business is in a different state or outside of the United States of America, a special legal document may be necessary.

Lawyers can draft letters rogatory to obtain evidence

When both businesses embroiled in litigation operate within one jurisdiction, the discovery process is relatively straightforward. The local courts facilitate the exchange of discovery materials and the same laws apply to both parties. When one business has its headquarters in another state or country, securing internal documentation for the lawsuit can be a much more difficult process. An attorney representing one organization can draft letters rogatory that they submit to the other party. Letters rogatory, also known as letters of request, initiate a court-to-court procedure that facilitates the release and sharing of discovery documentation. If a subpoena cannot secure evidence or a spoliation letter cannot prevent its destruction/alteration due to a difference in rules across jurisdictions, letters rogatory can help ensure that the courts with jurisdiction over the other business facilitate the discovery process. The discovery process in a lawsuit that crosses state or international boundaries can be a much more complicated and lengthy process than in a lawsuit limited to a single jurisdiction. Working with an attorney who has experience drafting letters rogatory can be helpful for those preparing for complex business litigation.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[How to end a vendor relationship with minimal risks ]]> https://www.gilmac.com/?p=48965 2026-05-27T23:02:38Z 2026-05-27T23:02:38Z Ending a vendor relationship can affect contracts, operations, data access, customer service and payment obligations. Even though it may seem like a good business decision, a rushed exit can lead to challenges -- some of which may involve legal action.

Review the contract

Before you make the decision to end the vendor relationship, take the time to review your contract. Look for termination provisions that outline exactly what should happen. This can include a host of terms, including how much notice is required, what factors can lead to termination and whether there are fees for terminating.

Plan before the notification

Before you notify the vendor, be sure you understand exactly what the vendor supplies. If there are any critical operations, software access, customer data or anything else that’s vital for your business, ensure you have a replacement plan in place that eliminates gaps in the coverage you need.

Set the exit plan with the vendor

A vendor exit plan should include a timeline of how the transition will go, who will make decisions and who is responsible for each step. This should include comprehensive steps to ensure that all data and records are transitioned appropriately. It should also include all payment milestones for the vendor with clear criteria for each. Ultimately, it’s usually a good idea to end a vendor contract on good terms with the vendor. This can help to protect the business, but it may not always be possible. Having experienced legal guidance is beneficial.]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[What to do if my commercial tenant stops paying rent]]> https://www.gilmac.com/?p=48964 2026-05-20T07:25:52Z 2026-05-20T07:25:52Z Reviewing your commercial lease agreement Before taking any formal legal steps, it is necessary to evaluate your lease agreement for two specific provisions: the default clause and the notice clause. These sections control how and when you can officially declare your tenant in default under Massachusetts law. Not all commercial leases handle nonpayment the same way. Some require you to send a formal written warning first, giving the tenant a set window of time to pay the overdue balance. Others allow you to move toward termination more quickly. Whatever your lease says, the law holds both you and your tenant to that agreed-upon process.

Serving a formal notice to quit

If your lease does not specify what to do when a tenant stops paying, state law steps in to set the timeline. In most cases, you are required to serve the tenant with a formal written document called a notice to quit, giving them at least 14 days to respond. This notice does two things:
  1. It officially puts the tenant on record for breaching the lease due to nonpayment.
  2. It starts the legal clock.
It is worth knowing that even after receiving this notice, the tenant technically has the right to pay the overdue balance all the way up until they file their formal response in court. This means the situation can still be resolved without going to trial.

Filing a summary process action

If the notice period expires and your tenant neither pays the outstanding rent nor vacates the commercial space, the law still prohibits you from engaging in self-help measures like changing the locks or shutting off utilities. Instead, the next step involves filing an official eviction lawsuit, known as a summary process action, which you must properly serve and file in the appropriate local court.

Seeking professional legal guidance

A commercial eviction in Boston requires strict adherence to procedural timelines and court rules. Even a minor technical error can force you to restart the entire process from the beginning. Consulting an experienced real estate attorney helps ensure that your rights as a landlord are fully defended and that your case moves forward as efficiently as possible.  ]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Force majeure clauses are important in business contracts]]> https://www.gilmac.com/?p=48962 2026-05-13T15:37:21Z 2026-05-13T15:35:16Z Business contracts are important when two businesses are working together. These contracts are usually written with performance in mind. Each side is bound by specific terms and deadlines, and they likely both expect that those terms will be met without any issue.  While the contract may go exactly as planned, there’s no guarantee that it will happen. Sometimes, one party’s actions or lack of action may be the reason the contract doesn’t go as planned. In other places, things outside of either party’s control may be the cause. 

Protecting against the unknown is part of the contract's job

Many business contracts have a clause that offers protection from those unexpected issues that can mean a contract doesn’t go as planned. A force majeure clause is one that addresses extraordinary events that neither party can control.  Force majeure clauses can be as simple or detailed as the parties want. Some outline specific circumstances, such as natural disasters, labor disruptions, war, government actions or public health emergencies. If any covered event occurs, the clause can modify the terms of the contract, excuse a party or delay the completion of the contract.  Force majeure clauses must include wording that limits how long delays can be. It may have a term that allows for termination of the contract after a certain period of time.  Force majeure clauses are only one part of a solid business contract. Companies need to ensure they have a contract that protects its rights and interests. Working with someone familiar with these matters may be beneficial since that individual can review the contract to determine if it’s set up as intended. ]]> On Behalf of Gilman, McLaughlin & Hanrahan, LLP <![CDATA[Is your business partner misappropriating company funds?]]> https://www.gilmac.com/?p=48959 2026-04-27T20:39:54Z 2026-04-27T20:39:54Z You have been working with your business partner toward achieving the company’s goals. However, you start to notice something has changed, so much so that you now suspect they may be misappropriating company funds. So, what signs should you look for? 

Unexplained financial discrepancies

You should be concerned when numbers don’t add up. For instance:
  • The business is generating sales, but the bank account balance is shrinking
  • There is an unexplained drop in profitability despite consistent/increased work volume
  • Employees/vendors are complaining about not being paid or late payments, yet revenue reports are healthy
  • Large, undocumented cash withdrawals are being made
  • Many expenses are being reported without receipts
  • Payments are being recorded days or weeks after they were paid
  • Payments are being made to unfamiliar vendors
  • Business credit cards or accounts are funding personal expenses
You should also check if financial records have been altered or are missing.

Behavioral red flags

You might also discover your business partner is misappropriating funds from these behavioral red flags:
  • Extreme secrecy – Your partner no longer wants to discuss finances or operations 
  • Excessive control over financial records – They restrict your access to financial records, for instance, they keep “forgetting” to share login credentials
  • Refusal to be away– Your partner consistently being the first to arrive and last to leave or refusing to take vacations /time off may be driven by a fear that being away may result in a discovery of their fraudulent activities
  • Resistance to financial audits – They refuse the idea of an audit or fail to cooperate by not sharing documents
  • Unexplained lifestyle changes – Sudden unexplained wealth that does not match their income or profit distributions 
Chances are, you will notice these suspicious behaviors before even identifying financial irregularities. Misappropriation of funds can lead to significant financial losses. If you suspect your business partner may be engaging in such an activity, consider legal guidance to protect your business. ]]>