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Author Archives: david.e.frank

Future of non-compete legislation up in the air

A controversial non-compete bill that was gaining considerable steam in Massachusetts after it advanced out of a House committee last session was quietly dropped from the state’s recently enacted economic development law.

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Investor cannot recover against fund manager

Superior Court judge in Massachusetts has ruled that a CEO whose company pension plan lost nearly $1.5 million during the stock market collapse of 2000 could not recover against a hedge fund manager under the state’s Uniform Securities Act.

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Gaps found in rule on inadvertent disclosure

Nearly two years after Congress enacted an evidentiary rule aimed at protecting lawyers who mistakenly turn over privileged materials during discovery, practitioners say they are still struggling with critical aspects of the measure. Signed by President George W. Bush in ...

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Lawyer’s e-mails to co-owner deemed privileged

The advice a corporate lawyer gave to only one of two doctors who co-owned a health center was protected by the attorney-client privilege, a Massachusetts Superior Court judge has ruled.

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SEC widens insider trading net

When the U.S. Securities and Exchange Commission filed federal fraud charges against the powerful New York hedge fund Galleon Management and its billionaire owner, officials seized the opportunity to issue a warning to those working in the industry.

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Franchisees miscast as independent contractors

A cleaning service company that claimed it was merely in the business of selling franchises to third parties misclassified its franchisees as independent contractors in violation of M.G.L.c. 149, §148B, a U.S. District Court judge in Massachusetts has ruled.

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Judge: SOX applies to mutual fund industry

A recent ruling from a federal judge marks the first time any court in the country has found that whistleblower protections apply to those working in the mutual fund industry, according to several lawyers familiar with the case.

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New standard imposed in contracts

A 1st U.S. Circuit Court of Appeals ruling has created a “reasonable efforts” common-law contract standard that imposes new duties on corporate parties who purchase other companies’ assets, according to several practitioners familiar with the case.

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Bar: Spoliation sanction sends warning to litigants

A judge’s decision to dismiss a plaintiff’s breach-of-contract lawsuit and sanction him $243,000 for destroying critical evidence in an employment dispute is a warning to civil litigants who do not cooperate during discovery, lawyers say.

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