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Budget agreement contains changes to 401(k) plan hardship distribution rules

The budget agreement approved by Congress and signed into law on February 9, 2018, includes several changes to the rules governing hardship distributions from 401(k) plans.  These changes — which were included in the House version of the tax reform ...

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New Hampshire’s opioid crisis continues to challenge employers

New Hampshire continues to have more than its fair share of problems related to opioid addiction. Business owners face challenges  previously unheard of, or at least unmentioned, in this small state. As employers continue to struggle to hire adequate numbers ...

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Top 10 issues in licensing technology from universities

Many successful products on the market today began as embryonic inventions in university research laboratories. Gene splicing, magnetic resonance imaging and atomic microscopy, for example, all had their beginnings in the university setting. Since the passage of the Bayh-Dole Act ...

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Mass. companies may withhold privileged communications from former officers

In Mooney v. Diversified Business Comms., Judge Sanders addressed a number of discovery issues, including the relevance of requested documents, the redaction of non-relevant information in responsive documents, and privilege. The most notable—an issue of first impression in Massachusetts—was whether a ...

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Filed v. furnished, what’s the difference?

When disclosing information in a filing with the SEC, it is important to know whether such disclosure and any related exhibits should be “filed” or “furnished”. To non-lawyers, this may seem like semantics or another technical difference among lawyers, but ...

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Company investors and board members off the hook for unpaid wages

Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act.  The SJC held that board members and directors of a company generally cannot be held ...

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Massachusetts SJC limits Wage Act liability for board members and investors

The Massachusetts Supreme Judicial Court (SJC) has issued an important decision limiting the scope of personal liability under the Massachusetts Wage Act. In Andrew Segal vs. Genitrix, LLC, the SJC held that personal liability under the Wage Act violations extends only ...

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SEC issues cease and desist order and further guidance on ICOs

Summary On December 11, 2017, the U.S. Securities and Exchange Commission (SEC) issued a cease-and-desist order to Munchee Inc. (Munchee), a company that was in the process of a $15 million initial coin offering (ICO), for selling unlicensed securities. The ...

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DOJ announces new FCPA policy to further incentivize corporate voluntary self-disclosure and cooperation

The U.S. Foreign Corrupt Practices Act turned forty this year. The Department of Justice is marking that anniversary by announcing a new Corporate Enforcement Policy specific to FCPA matters. The new Policy makes explicit that when a company has voluntarily self-disclosed misconduct, ...

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Supreme Court considers the constitutionality of the IPR statute

The Supreme Court has considered the constitutionality of the IPR statute in a lively hour-long oral argument before a packed courtroom. The case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, asks whether the invalidation of patents in an IPR by ...

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