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Author Archives: phillip.bantz

Ex-employees can file anti-retaliation claims

The Massachusetts Supreme Judicial Court has ruled for the first time that employers may be held liable for retaliating against ex-employees, even if the wrongful conduct occurs years after the parties go their separate ways.

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Judge: shareholders owe no fiduciary duty

Massachusetts Superior Court judge has determined that minority shareholders of Demoulas Super Markets Inc. can sell their stock to third parties even if doing so causes the corporation to lose its favorable tax status.

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Court defines role of lawyers in real estate closings

For the first time in recent history, the Massachusetts Supreme Judicial Court has addressed what constitutes the practice of law in connection with real estate transfers. And while the highly anticipated decision leaves several questions unanswered, it clearly reaffirms the ...

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Former BLS judge says session dying

Retired Judge Allan van Gestel is raising concerns about the future of the Massachusetts Superior Court business session he helped build, putting the judges who are now running the session on the defensive.

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Judge: confidentiality clause in arbitration award too broad

A Massachusetts Superior Court judge recently shed some light on the secretive world of arbitration by lifting a blanket confidentiality clause that had veiled documents in a dispute between a Wall Street brokerage firm and a former employee.

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Enforcement power of MCAD at stake in bias case

The Massachusetts Supreme Judicial Court is slated to decide whether employers can use arbitration provisions in hiring contracts to prevent employees from filing bias claims with the Massachusetts Commission Against Discrimination and the U.S. Equal Employment Opportunity Commission.

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Lawyers doubt effectiveness of new personnel records law

A surprise amendment to Massachusetts’ personnel records statute that requires employers to notify employees whenever a negative report is placed in their files is stirring the labor law community.

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