marijo mccarthy's legal briefs

November–December 2025

Good morning!


For me, this time of year evokes childhood memories of holiday traditions, family meals, Thanksgiving and Christmas decorations. But surviving (let alone thriving) through the political chaos of the past year has been a challenge… it leaves me wondering about the truly important symbols of the holiday season. Is it how many lights and wreaths we can hang in our homes or is it, perhaps, whether we can reach out and help someone for whom those symbols aren’t primary this year… someone whose life is constricted to the basics, just to get through a week or a month.


Last year at this time I shared a number of holiday traditions throughout Boston and encouraged my readers to try them out. This year, given what we have seen many of our national and global neighbors struggle with, I have something to add to those joyful holiday events. For those of you who are so inclined: each time you participate in a holiday event, sharing new memories with family and friends, share a bit of your good fortune with families who may be struggling this year. 


Need a few suggestions? Visit these, become inspired, and feel extra warm at the holidays:


Newton-based One Can Help supports local families caught up in the legal system who just need a small helping hand to get through tough times.


The Women’s Lunch Place on Newbury Street in Boston helps local women in need rebuild their lives with meals, temporary shelter, and the basics of life.


Framingham-based SMOC provides an array of services to help families in Massachusetts with basic needs… housing, health, childcare, early childhood education, and more. Like so many of these organizations, they are reeling from the cuts in Federal funds and need our help.


World Central Kitchen feeds those in need whenever tragedy or war strikes.


I wish for all of you a warm and wonderful holiday season and a safe and healthy New Year!

signature - marijo

Marijo McCarthy, Esq.

Pr esident, Widett and McCarthy, P.C.

M&A attorney helping small business owners sell a business

Preparation is Key to Successful Sale Due Diligence

Last month , we started down the road to prepare for an eventual sale of your business. We began with four categories of due diligence that are the preliminary ask from a potential buyer. Keeping these separately stored and available (as well as current) will speed up the process and make your pre-sale life much easier. 


So, what are a few more categories that are important in the evolving due diligence process? Let’s try these:


Debt Financing


This refers to lender and/or investor financing loan documents. In other words, does your business owe money to a bank or an investor and, if so, what are the documents that evidence and/or secure that debt?


As part of this category, visit your state’s Secretary of State corporate web site and check for UCC-1 filings. These indicate a lender or a vendor who may hold a security interest in the assets you intend to sell. In Massachusetts visit: MA Corporations UCC Search


For example, you may have already paid off a debt, but the secured party (a lender or a vendor) may have neglected to remove the UCC-1 filing on record. Follow up with that party until they remove it (or give you permission to do so). It is often one of those gotchas that can bedevil a seller. Do it now, if necessary.


Intellectual Property


Many sellers are unaware how important this category can be. Have you built a brand name and/or logo during your time in business? If so, you have built goodwill for your business and this has value to a buyer. 


However, many sellers are unaware of the value of protecting that brand name, thinking their corporate registration with the Secretary of State protects them. They don’t realize there are separate state and national registries that will protect their brand… IF they register to do so. In Massachusetts visit: Trademarks and Service Marks . Then, with that state (or national) registration in hand, add it to the “data room.” 


Additionally, make sure you keep track of the original filings for your web site, domain name, and software used in your business (whether you bought it or licensed it, keep track of how you own it or own the rights to use it). A buyer will want to obtain those rights along with the assets they are buying.


Insurance


Depending upon the nature of your business, you probably carry personal property insurance, general liability insurance, worker’s comp insurance, employment practices insurance, and more. Add copies of each policy to your data room storage, as well as premium information.


Buyers don’t like surprises, and good preparation keeps you in control. Keep building your data room now, and when it’s time to sell, you’ll be ready to move fast and on favorable terms.

Subscribe to this newsletter

Books We Like

An Inside Job by Daniel Silva

Several of my favorite authors have published new books during the past few months. Although I have reviewed earlier books in their repertoire, let me just share two now. 


Daniel Silva is always top of my list. His most recent, An Inside Job , adds to the absorbing character known as Gabriel Allon, Mossad spy extraordinaire turned art restorer (for those of you who are already fans, I do not need to say much more). Once again, Gabriel finds himself stepping aside from his art restoration to save the life of a friend… who happens to be the Pope! Fans of international intrigue and suspense will be rewarded.

Midnight Black by Mark Greaney

Then there is Mark Greaney’s latest Gray Man saga, Midnight Black. Court Gentry is unstoppable and his over-the-top efforts to break the love of his life out of a Siberian Russian prison will leave you breathless. Zoya Zakharova was a premier Russian spy until she met the Gray Man and they have been on a roller coaster ever since. Spy strategy reaches a pinnacle and keeps us on the edge of our seats until the end. Enjoy!

About Us
Widett and McCarthy concentrates in advising small business owners in the areas of contracts and small business purchase and sales.

Whether reviewing a contract for services with a customer, negotiating a lease with a landlord, finalizing financing documents with a lender, we make sure our clients' best interests are protected.

For those clients who are either acquiring a business or are ready to pass the torch and reap the benefits of their hard work and investment, advising on those all-important Offers and Purchase and Sales Agreements when the time is right is paramount. We work closely with them to ensure the best possible outcome.
Widett and McCarthy, P.C.
43 Harbourside Road
Quincy, Massachusetts 02171


Telephone: 617-481-1438

The information you obtain at this site is not,

nor is it intended to be, legal advice.

You should consult an attorney for individual advice

regarding your own situation.


Copyright © 2025 Widett and McCarthy, P.C.


Newsletter Developed by Blue Penguin Development