New England Biz Law Update
Why do lawyers write “Privileged & Confidential” at the top of a legal hold notice? Most courts have decided that legal hold notices are immune from discovery, but not because of the header or title. What generally protects a legal ...
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In autoimmune disorder diagnosis patent case, Section 101 motion to dismiss denied
In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due to patent ineligibility under 35 U.S.C. § 101 . In ...
Read More »Need for illumination of maximum recovery rule warrants interlocutory appeal
Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur. Back in November 2015, a jury ...
Read More »Plaintiffs face uphill battle for self-leave FMLA suits
State employees seeking to file suit under the Family and Medical Leave Act’s self-care provision face an unlikely future after a recent U.S. Supreme Court ruling.
Tagged with: April 30 2012 issue
Read More »Cyber security concerns changing attorneys’ roles
The cyber attacks that the Cybersecurity Act of 2012 cautions against might sound like the plot of a new “Mission Impossible” movie, but for in-house lawyers at a wide variety of companies, such concerns soon might be unavoidable.
Tagged with: April 30 2012 issue
Read More »DLA Piper asks judge to dismiss secretary’s lawsuit
Update: The plaintiff in this case subsequently stipulated to a voluntary dismissal, with prejudice. She stated that she had learned during discovery that the facts were different from what she initially believed, and therefore she disavowed all claims and recitations ...
Tagged with: Jan. 30 2012 issue
Read More »Hearsay
A contentious employment lawsuit involving a major Boston law firm and a client’s child pornography collection has been quietly put to rest in court.
Tagged with: Sept. 2011 issue
Read More »‘Therasense’: raising the bar for inequitable conduct
Addressing the standards necessary to prove inequitable conduct in patent cases, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, recently added new contours to a doctrine that, in its words, “has plagued not only the courts but also the entire patent system.”
Tagged with: July 2011 issue
Read More »Be aware of the hidden costs of self-collection
Many in-house counsel and the law firms they engage to represent their companies continue to self-collect electronic data, even though they recognize the legal issues and potential dangers involved.
Tagged with: July 2011 issue
Read More »Expanding mode of operation approach: up next, hospital cafeterias
Hospital risk managers in Massachusetts may be blind-sided by a new wave of tort claims coming their way. The claims are not the malpractice actions that hospitals so often see. They have nothing to do with medical care and don’t arise out of activities in the ER, operating room or radiology lab.
Tagged with: July 2011 issue
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