New SEC rules result in whistleblowing in the wind

December 21, 2011 Comments Off on New SEC rules result in whistleblowing in the wind

“You know how to whistle, don’t you, Steve? You just put your lips together and blow.” — Lauren Bacall in “To Have and Have Not” Humphrey Bogart might have known how to whistle, at least at Lauren Bacall, but the ...

Tagged with: Nov. 30 2011 issue

Arbitration class action waiver ruled unenforceable

December 7, 2011 Comments Off on Arbitration class action waiver ruled unenforceable

The Massachusetts Superior Court has ruled that a mandatory arbitration agreement in a consumer sales contract is unenforceable because it contains a class action waiver.

Tagged with: Nov. 30 2011 issue

Closely held corp.’s governing docs key to litigation

December 7, 2011 Comments Off on Closely held corp.’s governing docs key to litigation

Disputes among co-venturers and shareholders in closely held entities continue to be a common source of litigation. This article will highlight significant developments in Massachusetts caselaw, including the importance of an entity’s governing documents in determining liability and remedies. Duty ...

Tagged with: Nov. 30 2011 issue

‘BFI’: court may clarify contract with new language

December 7, 2011 Comments Off on ‘BFI’: court may clarify contract with new language

This spring, in BFI v. Casella Waste Management, 79 Mass. App. Ct. 300, the court gave in-house lawyers even more reason to be concerned about pursuing summary judgment on contract claims in Massachusetts when it affirmed the trial court’s decision to create from whole cloth an entirely new provision and engraft it onto a thoroughly negotiated contract.

Tagged with: Nov. 30 2011 issue

Preparing for changes under new America Invents Act

December 7, 2011 Comments Off on Preparing for changes under new America Invents Act

On Sept. 16, the America Invents Act of 2011 was signed into law, ushering in one of the most dramatic changes to U.S. patent law in recent memory.

Tagged with: Nov. 30 2011 issue

Understanding whistleblower bounty rules is critical

October 7, 2011 Comments Off on Understanding whistleblower bounty rules is critical

If you want something done right, get someone else to do it. That seems to be the federal government’s mantra of late with respect to enforcement of the securities laws.

Tagged with: Sept. 2011 issue

Prevent runaway legal fees with proper planning

October 7, 2011 Comments Off on Prevent runaway legal fees with proper planning

Another article about alternative fee arrangements? Actually, no.

Tagged with: Sept. 2011 issue

Trademark licensors potentially subject to strict liability

October 7, 2011 Comments Off on Trademark licensors potentially subject to strict liability

In Lou v. Otis Elevator Co., 77 Mass. App. Ct. 571 (2010), the Appeals Court in Massachusetts held that a trademark licensor who participates substantially in the design, manufacture or distribution of a licensee’s products may be held strictly liable ...

Tagged with: Sept. 2011 issue

Emerging ADA caselaw shows ‘lower bar’ for plaintiffs

October 7, 2011 Comments Off on Emerging ADA caselaw shows ‘lower bar’ for plaintiffs

Almost two years have passed since Congress amended the Americans with Disabilities Act, lowering the criteria to establish disability status in response to cramped judicial interpretations of the ADA.

Tagged with: Sept. 2011 issue

Oral complaints can trigger FLSA retaliation protection

October 7, 2011 Comments Off on Oral complaints can trigger FLSA retaliation protection

The U.S. Supreme Court has ruled that mere oral complaints of alleged violations of the Fair Labor Standards Act may trigger the FLSA’s protections against retaliation.

Tagged with: Sept. 2011 issue