New England Biz Law Update

National Drug has retail outlets on every street corner in every state. The company employs approximately 30,000 managers and hourly workers and faces a myriad of compliance issues on a daily basis. ABC Manufacturing has a corporate office in Illinois ...

You thought you had a slam-dunk case, but a judge dismissed it before you got to trial. Or you were sued on grounds that seemed frivolous, but your adversary prevailed. Or maybe the judge made an interlocutory ruling that spelled ...

You probably learned it your first year of law school: To sue in a particular forum, you must show personal jurisdiction over the defendant. That means compliance with the forum’s long arm statute and the Constitution’s due process clause. The ...

When it comes to the enforcement of restrictive covenants, such as non-compete, non-solicitation and confidentiality agreements, not all states are created equal. The very same restrictive covenant enforced in one state may be unenforceable in another. Most employment agreements address ...

In January, the Securities and Exchange Commission issued a “no action letter” widely and wrongly interpreted as legalizing the role of unregistered broker/dealers as compensated M&A finders. The Securities Exchange Act of 1934 requires that broker/dealers register with the Financial ...

“Far from the madding crowd’s ignoble strife, their sober wishes never learned to stray.”   — Thomas Gray, “Elegy Written in a Country Churchyard” (1751)   In October, the Securities and Exchange Commission promulgated draft rules to implement “crowdfunding” in ...

A recent court decision illustrates why employers should give careful consideration to the attorney-client privilege before conducting an investigation in the workplace. In Koss v. Palmer Water Dept., a U.S. magistrate judge in Massachusetts held that the employer had waived ...

 This past August marked the second anniversary of the implementation of the Securities and Exchange Commission whistleblower program. At the time of its inception, the whistleblower program attracted attention from the business and legal communities, promising to entice potential whistleblowers ...

“And the king said, ‘Divide the living child in two, and give half to the one, and half to the other.’”— 1 Kings 3:24-3:25 On Sept. 18, the SEC at long last proposed an “amendment” to Regulation SK to institute ...

Tagged with: Nov. 1 2013 issue

Statistics and anecdotal information continue to show that discrimination and retaliation claims are on the rise. Verdicts are larger than ever as juries lose patience with companies unable to reign in managers who engage in questionable conduct. Legal costs rise, ...

Tagged with: Nov. 1 2013 issue