New England Biz Law Update

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During a recent oral argument over whether an “intake questionnaire” submitted to the Equal Employment Opportunity Commission constitutes a “charge” of discrimination, justices of the U.S. Supreme Court blasted the agency for inconsistent practices that seem to leave both employers ...

The U. S. Supreme Court will soon decide whether an employee suing for alleged age discrimination can introduce evidence of discriminatory conduct by company managers who supervised other employees, but not the plaintiff. The case, Sprint/United Management Co. v. Mendelsohn, ...

The U.S. Supreme Court will weigh in on an issue that Congress, pharmaceutical companies and plaintiffs’ lawyers have been watching closely: Whether the approval of a medical device by the Food and Drug Administration precludes state tort claims arising from ...

Employee handbooks, policies and guides are a double-edged sword for employers. They are important vehicles for employee relations. They are also effective in communicating corporate expectations and culture. However, if not carefully written and presented, such communications can also form ...

XBRL is coming. It is not expensive. It will improve governance. It will increase transparency. It is endorsed by the Securities and Exchange Commission. Is there anything familiar about this picture? Does this sound something like the original take on ...

Even though employment-at-will may be the dominant legal paradigm, any employer who discharges an employee today risks exposure to significant defense costs and potentially large jury verdicts. Perhaps the time is ripe for a comprehensive legislative wrongful discharge statute, the author argues.

If privileged information is disclosed to a third party who shares a “common legal interest” with the client and that person agrees to keep the information confidential, the privilege might not be waived. Agreements to share privileged information with persons ...

Virtual intellectual property owners are facing increasing licensing and infringement issues – the same issues, in fact, that are faced by intellectual property owners in the real world. The virtual world has recently become a popular place for business transactions. ...

In corporate families, the legal department of the parent often provides advice to the subsidiaries. That arrangement can lead to headaches if later there is a change in control of the subsidiary. Consider the following example. The scenario You are ...