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Commentary

Decision highlights strict sales commission obligations

Massachusetts employers that pay sales commissions to employees should take careful note of a recent federal court decision that bolsters employees’ rights, in some circumstances, to receive sales commissions even after their employment terminates. In Israel v. Voya Institutional Plan ...

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Steps for developing a settlement strategy for employment claims

Every time a current or former employee threatens or brings legal action, in-house counsel faces the question: Should we litigate or settle? But the question often is not as straightforward as it seems. If you forego an early settlement, will ...

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Marijuana in the workplace: the stakes get higher

If you’ve noticed a pungent aroma wafting in the Massachusetts breeze, chances are it is coming from marijuana use. Massachusetts voters approved a ballot measure to legalize recreational use and possession of marijuana on Nov. 8, 2016, and on Dec. ...

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DOJ/FTC Guidance details antitrust pitfalls for businesses

Last fall, the U.S. Department of Justice and the Federal Trade Commission jointly issued an “Antitrust Guidance for Human Resource Professionals.” The Guidance details critical antitrust principles arising in the employment context, which corporate executives, HR professionals and other managers ...

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Being a board member certainly isn’t getting any easier

Recent developments in boardroom practice demonstrate the subtle traps into which board members might fall. A review of these developments, with much of the focus on Delaware law, follows. Joint CEO and chair? Under public company practice, controlled by the ...

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Airline’s SEC settlement: was it a bribe or a business deal?

Last month, United Continental Holdings entered into a settlement agreement with the Securities and Exchange Commission regarding alleged violations of the books and records and internal accounting controls provisions of the securities laws. While that may not sound exciting, the ...

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Business Litigation Session Year in Review, 2016

In 2016, Judge Janet L. Sanders continued to lead the Massachusetts Business Litigation Session as administrative judge and shared the BLS-2 Session with Judge Kenneth W. Salinger. Judges Mitchell H. Kaplan and Edward P. Leibensperger oversaw the BLS-1 session. In ...

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Trial technology can be friend or foe: top traps to avoid

It’s a common rookie mistake for the inexperienced trial lawyer. Counsel plans a spiffy media trial presentation that is sure to “wow” the jury, but fails to consider the judge, the venue or the length of trial in planning the ...

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New EEOC Guidance: considerations for retaliation claims

The U.S. Equal Employment Opportunity Commission recently issued a new “Enforcement Guidance” addressing workplace retaliation claims. This is the first time in nearly 20 years that the EEOC has updated its official Enforcement Guidance on this topic. Although the Enforcement ...

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Employers: time to take another look at pay equity law

On Aug. 1, the governor of Massachusetts signed into law Senate Bill 2119, entitled “An Act to Establish Pay Equity.” That enactment amended the state’s existing statute, focusing narrowly on wage discrimination and wage differences as they relate to gender. ...

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