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Commentary

Missteps with background check forms can be costly

A recent decision by a federal appellate court underscores the importance of ensuring that forms used in connection with employer background checks comply with the strict requirements of the federal Fair Credit Reporting Act. In Gilberg v. California Check Cashing ...

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Massachusetts’ new noncompete law: compromise happens

It’s just over a year since the “new” Massachusetts Noncompetition Agreement Act took effect, and it already has had some very tangible, positive effects. However, one aspect of the new law — namely, what consideration is required to support a ...

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Expanding the definition of ‘protected class’

There was a time when human resources practitioners and employment attorneys could list the “protected classes” — groups of people protected from discrimination and harassment in the workplace — like counting to five: race, color, religion, sex and national origin. ...

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Brokers and investment advisors: in your best interest?

Tautology: needless repetition of an idea, statement or word. — Merriam-Webster Dictionary You invest in public securities, sometimes through your investment advisor, sometimes through your stock broker. The legal obligations each historically owed to you were different. Under new SEC ...

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Ruling limits removal of class actions to federal court

In a 5-4 decision, the U.S. Supreme Court recently held that neither the general federal removal statute, 28 U.S.C. §1441(a), nor the Class Action Fairness Act of 2005, 28 U.S.C. §1453(b), allowed a third-party defendant to remove to federal court ...

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New disclosures for ‘CAMs’ require counsel’s attention

Reading financial statements just got more interesting. Starting with fiscal year audits for the year ended on or after June 30, 2019, auditors for large public registrants will be communicating more than the old-fashioned “free from material misstatement” standard audit ...

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Noncompete reform continues in New England

Noncompete reform continues to crop up in New England. Three states — Maine, New Hampshire and Rhode Island — now prohibit employers from entering noncompetition agreements with low-wage employees, though the definition of “low wage” varies by state. The bills ...

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Why international arbitration clauses should be in contracts

New England is home to world-beating companies that operate all across the planet, from manufacturing companies that have been in business for centuries to the innovative life sciences companies being created every day. Our local companies have a global reach, ...

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‘Smart contracts’ on cusp of mainstream adoption

Although “smart contracts” have been the subject of much discussion in the information technology field, the impact that they will have on the legal profession is not well known, in part because the capabilities of such contracts are not well ...

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Terminating employees for off-duty conduct

The old adage we learned in law school — or in human resources courses — that employers may terminate “at-will” employees for “any reason or no reason at all,” as long as the reason is not discriminatory, requires a further ...

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