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Commentary

Boards of directors: past, present and future

Decades ago, the functions of public boards of directors were easily articulated: boards evaluated management, used best judgment, did not self-deal, and discharged the duties of care and loyalty. The primary role was overseeing strategy. Disinterested directors were protected by ...

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Financial regulatory reform — it’s coming, unless it doesn’t

Article by  Joel S. Telpner, originally posted by blog.sandw.com. Many unknowns If you’re like me, you are constantly receiving alerts from consultants, law firms, policy shops and others, all predicting how the Trump Administration is going to dramatically change, or even ...

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Need for illumination of maximum recovery rule warrants interlocutory appeal

Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur. Back in November 2015, a jury ...

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Can damaging internal emails be kept from the jury?

Your company is embroiled in a contentious commercial fraud case. A former customer claims that the company intentionally misrepresented its global expertise in order to secure a contract it knew it did not have the capability to perform. Unfortunately, comments ...

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Pay equity law: what lawyers and employers need to know

More than 70 years ago, Massachusetts passed a law requiring employers to pay men and women the same wages for “comparable work,” making it the first state in the nation to pass such a law. Over the years, however, a ...

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Vermont latest in continued expansion of sick-leave laws

Effective Jan. 1, Vermont will become the latest jurisdiction to require employers to provide paid sick leave to their employees. Employees initially will be eligible to accrue and use up to 24 hours of paid sick leave annually, and that ...

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‘DTSA’: a new federal tool to protect trade secrets

After five years in the making, the Defend Trade Secrets Act of 2016, amending the Economic Espionage Act of 1996 to create an entirely new federal private right of action for trade secrets misappropriation, was signed into law in the ...

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Recent corporate developments: a practical guide

The last few months have taught us a few things about financing and selling companies. Below are some current developments. Single purpose entities Many lenders attempt to prevent business borrowers from seeking bankruptcy relief, thus protecting their contractual collection provisions. ...

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Raising, defending against ‘Batson’ challenges: a primer

Many lawyers associate Batson challenges only with criminal trials, or those involving race discrimination. But any party in a civil or criminal case may make a Batson challenge regardless of the issue at trial or the juror’s race, gender or ...

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Rulings explain how employer adverse actions can seem pretextual

An employee claiming employment discrimination or retaliation under Massachusetts state law frequently can defeat the employer’s summary judgment motion merely by providing evidence, at a critical phase of analysis, from which a reasonable jury could conclude that the employer’s stated ...

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