This article was first published by www.foleyhoag.com. Last month, the Massachusetts Supreme Judicial Court (“SJC”) resolved a contested issue under the Massachusetts Wage Act, ruling that successful Wage Act plaintiffs are entitled to prejudgment interest on the unpaid wages and ...
Read More »Massachusetts Supreme Judicial Court rules that employers may need to accommodate off-duty medical marijuana use
This article was originally posted by www.seyfarth.com. Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based on an individual’s off-duty ...
Read More »HVCRE: Some answers on the horizon?
This article originally ran on www.seyfarth.com. Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions. Bi-partisan legislation (H.R. 2148) introduced by Congressmen ...
Read More »Supreme Court’s ruling on AIA patent reviews could reverberate across patent law landscape
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC to decide whether the AIA (America Invents Act) patent review program for challenging the validity of issued patents is constitutional. Specifically, ...
Read More »What are the reporting obligations under Section 16?
By Jeffrey Morlend This article was originally published on blog.sandw.com. Most in-house counsel of public companies are very familiar with the reporting obligations required by the trifecta – Form 8-Ks, Form 10-Qs and Form 10-Ks – but they oftentimes rely ...
Read More »Beware of facilitating counterfeiting and trademark infringement
Written by: Jeremy T. Walker Originally published in NH Bar News (6/19/2017) and online at www.mclane.com. It is common knowledge that those who manufacture or sell counterfeit goods may face both criminal and civil liability. What often catches some by surprise, ...
Read More »Gender pay gap is primarily a result of personal choices — so, what can employers do?
This article was written by Cara Crotty and originally posted by www.employmentandlaborinsider.com. A number of studies are showing that most, if not all, of the gender pay gap is explained by personal choices made by men and women. But how ...
Read More »FICA taxes and administrative traps for employers
This article originally ran on blog.sandw.com. The nuances of the Social Security and Medicare tax system – collectively FICA taxes – continue to confound and increase the potential liability of employers who are not well versed in this area. Background ...
Read More »Potential government shutdown: Immigration consequences for employers and their foreign national employees
This article originally ran on www.seyfarth.com. Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and ...
Read More »Court lacks subject matter jurisdiction over unasserted claims
This article was originally posted by nutter.com. A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring Systems, LLC v. Telular Corporation a patentee saved its unasserted ...
Read More »