New England Biz Law Update

Every business involved in litigation has confronted the dilemma that large amounts of money and time must often be spent early in discovery and other preliminary stages – even in cases based on the slimmest of grounds. This dilemma is ...

Last year the Security and Exchange Commission’s Advisory Committee on Smaller Public Companies proposed sweeping changes in two areas – SOX 404 and capital formation. Who would have guessed that the capital formation proposals would end up as the revolutionary ...

Phew! It appears the wave has crested on those pesky (and expensive) options backdating investigations. But before we bid farewell to the government investigation de jour, it is worth spending a few minutes to reflect on what can be learned ...

Is arbitration delivering on its promise as a faster, cheaper alternative to litigation?

The Equal Employment Opportunity Commission recently issued an enforcement guidance related to unlawful bias against employees with caregiving responsibilities. The Guidance is significant to employers because it reflects a growing trend of claims in which workers allege they were discriminated ...

If your company owns a famous trademark and wants to prevent others from using it, or one that is close to it, to establish trademark infringement you must prove a likelihood of consumer confusion between the marks. To establish likelihood ...

On May 23, the Securities and Exchange Commission held an open meeting at which a number of proposed rule changes were presented. The proposals are substantially the work of the Advisory Committee on Smaller Public Companies (Advisory Committee), which was ...

Mediation is both a form and continuation of negotiation. The ability to negotiate well is a core skill of a successful litigator. However, trial lawyers often view mediation as a stepchild of litigation, where “adversarial advocacy” predominates. Many believe that ...

The new Massachusetts Health Care Reform Law, which took effect July 1, significantly changes the landscape of health insurance in Massachusetts. The law is designed to increase access to health insurance both for individuals and for employers by: (1) providing ...

(Editor’s note: This is the second part of a two-part article. The first article, which appeared in the May 2007 issue of New England In-House, focused on when an internal investigation is appropriate and who should conduct it. This part ...