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Author Archives: Pat Murphy

1st Circuit upholds ERISA plan’s self-reported symptom limit

The administrator of a benefits plan governed by the Employee Retirement Income Security Act could apply a self-reported symptoms limitation to terminate the long-term disability benefits of a plaintiff who suffers from Chronic Fatigue Syndrome and fibromyalgia, the 1st U.S. ...

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Tight job market puts law firms in scramble for talent

Law firms and corporate legal departments in Massachusetts are facing headwinds trying to find the qualified attorneys they need to fill open positions. Kenneth J. Albano, managing partner of Springfield-based Bacon Wilson, touts the success of the firm’s 100 attorneys ...

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1st Circuit tightens lid on investor suits

Securities fraud litigators view a recent decision from the 1st U.S. Circuit Court of Appeals as reducing the odds of investors being able to recover on claims that a company violated federal law by failing to disclose known risks to ...

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Surveillance video takes center stage in premises liability

For premises liability attorneys, the proliferation of surveillance cameras in the commercial setting has meant a corresponding focus on the duty to preserve video evidence that businesses ignore at their own peril. Boston defense lawyer Kevin M. Hensley represents a ...

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Firms offering wide range of alternative fees

While rumors of the demise of the billable hour may have been greatly exaggerated, law firms are increasingly offering a range of alternative fee arrangements for clients now more open to accepting them. Apart from the traditional contingency fee agreement, ...

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Year later, ABA issues ethical guidance for working remotely

A lawyer’s ethical obligations when working remotely are outlined in a new opinion issued by the American Bar Association nearly a year after most attorneys set up shop at home in response to the COVID-19 pandemic. On March 10, the ...

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Attorney writes ‘handbook’ for in-house tech lawyers

David Sclar has just self-published the book he wishes he could have turned to for practical advice once his career course was set as in-house counsel guiding digital health and wellness companies on matters ranging from security and privacy to ...

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Manager fired for ‘poor’ sales can pursue age bias claims

The former sales manager for a regional food distributor can proceed with state law age discrimination claims despite undisputed evidence that he was hired when he was 65 and fired by the same person who hired him after his first-year ...

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