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Author Archives: Eric T. Berkman

Fund manager can’t be sued for failure to disclose dispute

An investor who lost $7 million investing in a hedge fund could not sue the fund’s operator under the Uniform Securities Act for failing to disclose in the fund’s prospectus that he had been previously involved in a residential landlord-tenant ...

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Consulting company cannot enforce non-compete

An information technology consulting firm could not enforce a non-compete agreement against employees who quit after the company cut their base salaries but gave them an opportunity to make up the difference through bonuses based on billable hours, a Superior ...

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Settlement doesn’t bar deceit, fiduciary claims

A couple who claimed an investment firm fraudulently induced them into settling litigation over an unsuccessful investment deal could subsequently sue the company for deceit and breach of fiduciary duty, even though they were represented by counsel at the time ...

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‘Misclassified’ worker can file third-party lawsuit

A truck driver who brought a purported class action alleging that companies he worked for had violated state and federal wage laws by misclassifying drivers as independent contractors could also sue a management-services firm for providing the companies with independent ...

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Foreign manufacturer subject to lawsuit

A Massachusetts resident who was injured when his ski binding broke on a mountain in Utah could bring a products-liability suit in the commonwealth against the French company that made the binding, a Superior Court judge has ruled.

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Arbitration clause can be enforced

A mandatory arbitration provision in an employment agreement was enforceable even though it drastically shortened the employee’s limitation period for bringing a claim while incorporating outside terms that the employer could change unilaterally, a Superior Court judge in Massachusetts has ...

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‘Misclassified’ worker can file third-party suit

A truck driver who brought a purported class action alleging that companies he worked for had violated state and federal wage laws by misclassifying drivers as independent contractors could also sue a management-services firm for providing the companies with independent ...

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Non-compete agreement could be enforced

A communications company could block an engineer whom it had just trained on mobile broadband technology from taking a job with another company that provided similar products, a Massachusetts Superior Court judge has decided.

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Dismissal of ‘early’ shareholder derivative suit OK

A shareholder-derivative complaint that a plaintiff waited the required period to file, but did so before the corporation rejected his demand, could be dismissed under the so-called “business judgment rule,” the Supreme Judicial Court in Massachusetts has ruled. The plaintiff ...

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