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Author Archives: david.e.frank

Prejudgment interest allowed on counsel fee damage award

A woman who defeated an insurance company in a lawsuit is entitled to prejudgment interest after a trial court judge awarded her counsel fees as part of her actual damages, the Massachusetts Appeals Court recently decided. The insurance company argued ...

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Customer entitled to damages after CVS adds name to mailing

A CVS customer was entitled to damages after his name and address were taken from a prescription list and used as part of a mailing campaign without his permission, according to a recent ruling by a Massachusetts Superior Court judge. ...

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Work computer e-mails to lawyer privileged

An employee communicating with his lawyer on a company-owned computer could assert the attorney-client privilege because he hadn’t received adequate warning the e-mail exchanges might be read by the employer, a Massachusetts Superior Court judge recently decided. The employer, TransOcean ...

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VP's age bias case dismissed after he destroyed e-data

(Editor’s note: A version of this article originally appeared in Massachusetts Lawyers Weekly, a sister publication of New England In-House.) An age bias claim should be dismissed because the employee systematically destroyed electronic evidence central to the case over a ...

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Bay State Co. Immune From 'Foreign' SOX Suit

The whistleblower provision of Sarbanes-Oxley is off limits to a worker fired by a foreign subsidiary of a U.S. company because the broad reach of the law doesn't extend to alleged financial fraud outside the U.S., the 1st Circuit recently ruled.

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