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Mass. companies may withhold privileged communications from former officers

In Mooney v. Diversified Business Comms., Judge Sanders addressed a number of discovery issues, including the relevance of requested documents, the redaction of non-relevant information in responsive documents, and privilege. The most notable—an issue of first impression in Massachusetts—was whether a ...

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Filed v. furnished, what’s the difference?

When disclosing information in a filing with the SEC, it is important to know whether such disclosure and any related exhibits should be “filed” or “furnished”. To non-lawyers, this may seem like semantics or another technical difference among lawyers, but ...

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Company investors and board members off the hook for unpaid wages

Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act.  The SJC held that board members and directors of a company generally cannot be held ...

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Massachusetts SJC limits Wage Act liability for board members and investors

The Massachusetts Supreme Judicial Court (SJC) has issued an important decision limiting the scope of personal liability under the Massachusetts Wage Act. In Andrew Segal vs. Genitrix, LLC, the SJC held that personal liability under the Wage Act violations extends only ...

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SEC issues cease and desist order and further guidance on ICOs

Summary On December 11, 2017, the U.S. Securities and Exchange Commission (SEC) issued a cease-and-desist order to Munchee Inc. (Munchee), a company that was in the process of a $15 million initial coin offering (ICO), for selling unlicensed securities. The ...

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DOJ announces new FCPA policy to further incentivize corporate voluntary self-disclosure and cooperation

The U.S. Foreign Corrupt Practices Act turned forty this year. The Department of Justice is marking that anniversary by announcing a new Corporate Enforcement Policy specific to FCPA matters. The new Policy makes explicit that when a company has voluntarily self-disclosed misconduct, ...

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Supreme Court considers the constitutionality of the IPR statute

The Supreme Court has considered the constitutionality of the IPR statute in a lively hour-long oral argument before a packed courtroom. The case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, asks whether the invalidation of patents in an IPR by ...

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340B hospitals file suit in wake of hospital outpatient cuts

On November 13, 2017, a group of hospital trade associations (the American Hospital Association, the Association of American Medical Colleges, and America’s Essential Hospitals), along with two health system providers, filed suit against the Department of Health and Human Services ...

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Non-compete legislation update: Why choices of law and forum are a big deal

On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several bills up for discussion. One significant provision ...

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What employers need to know about employment-based green card interviews

Based on President Trump’s Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States,” USCIS has implemented a new policy to interview all employment-based adjustment of status applicants where the application was filed after March 6, ...

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