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Massachusetts trial court judges ignoring precedent in non-compete cases

The scenario is all too familiar. After two years of toiling in the laboratory vineyards, an emerging-growth technology company is preparing to consummate a venture capital financing, but the investors demand that managers and critical employees sign non-competition and non-solicitation ...

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New tactic for licensing negotiations: Sue first, talk later

The U.S. Supreme Court’s January 2007 decision in Medimmune clarifying the power of federal courts to hear patent licensing disputes has already had an immediate and dramatic impact. In two decisions issued at the end of March, Sandisk v. ST ...

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Stock options fallout: Where do we go from here?

More than 200 public companies are now embroiled in Securities and Exchange Commission and company-initiated investigations, as well as private litigation. Aside from the accounting impact, what impact will Sarbanes-Oxley and litigation have on past option violations and future option ...

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Nothing beats game of golf as a live spectator sport

If you love golf but have never attended a professional tournament, you’re really missing out. There is nothing quite like watching the greatest players in the world in person as they amaze you with their brilliance — and also prove ...

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USPTO procedural changes will likely increase costs of patent process

The U. S. Patent and Trademark Office recently announced sweeping procedural changes that, if enacted, will significantly change the practice of patent law and require an increase in resources in-house counsel allocates to such matters. The new package of rules ...

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Who owns customer goodwill, after all?

In the context of enforcing non-competition agreements and other restrictive employment covenants, Massachusetts courts have struggled with the question: “whose goodwill is it, anyway?” The results have not always proven consistent.

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Conducting an internal investigation: A primer

Well, it has finally happened. A senior manager in your company just dropped by your office to explain to you a “troubling” situation that came to her attention recently. After providing some sketchy details about a “significant” contract and a ...

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In-house counsel must ensure compliance with the litigation hold

Over the last decade, the explosion of electronic communication and the corresponding developments in the law have significantly increased the burdens on counsel to ensure their client is meeting the new expectations of discovery. In 2003, in Zubulake v. UBS ...

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