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Author Archives: Eric T. Berkman

Law firm’s opinion subject to discovery

A defendant in a patent infringement case had to produce all communications relating to the non-infringement legal opinion it claimed it received, a U.S. District Court judge has ruled. One of the defendant’s employees had disclosed during a deposition that ...

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Treble damages limited to interest in Wage Act suit

An employer that failed to pay an employee for all accrued wages and unused vacation time on the date of his termination, but paid everything in full before the employee filed a Wage Act lawsuit, was liable for treble damages ...

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$45M judgment over stock demand reversed

A corporate executive who accepted money from a friend’s charitable foundation to purchase company stock for himself, with the understanding that he would sell it at some point and share the proceeds with the foundation, did not commit bad faith ...

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Duty to defend doesn’t extend to counterclaim

An employer’s liability insurer had no obligation to prosecute a counterclaim the employer brought against an ex-employee who had charged it with age discrimination, a U.S. District Court judge has ruled. The employer argued that the counterclaim — in which ...

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Insurance co. can’t force ‘examination under oath’

An insurance carrier that was sued under the personal injury protection statute by physical therapists for refusing to pay for treatment they had provided to injured policyholders could not force the providers to submit to examinations under oath in conjunction ...

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Trade-secret plaintiff can’t audit all of rival’s computers

A biotech company that claimed an employee stole trade secrets from it and then took them to a competitor was not entitled to a forensic search of all the computer devices used by the new employer’s personnel, a Superior Court ...

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1st Circuit denies ‘cat’s paw’ retaliation claim

An employee who was fired for timecard violations that he claimed were reported to management out of retaliatory animus could not sue his employer under a “cat’s paw” theory of liability, the 1st U.S. Circuit Court of Appeals has ruled. ...

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Insurance carrier not liable for theft of personal data

An insurance agency could not be held liable for an employee who allegedly accessed an accident victim’s personal contact information from a database and passed it on to her boyfriend, a Massachusetts Superior Court judge has decided. The employee’s boyfriend ...

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Scrubbing of laptop didn’t violate CFAA

A federal judge has determined that an employee who failed to return her laptop after taking a job with a competitor, and then used software to remove data from the laptop, could not be sued under the Computer Fraud and ...

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Gym co-owner breaches fiduciary duty to partners

A co-owner of a health club chain who was accused of freezing out the widow of his deceased partner and, in concert with an outside acquaintance, diverting corporate assets and proprietary information to open competing clubs violated his fiduciary duty ...

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