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Forestalling A False Claim: A Case Study

With retaliation charges increasingly being tacked onto workplace discrimination and sexual harassment claims, employers can learn from the example of a Massachusetts-based mechanical contractor that saved itself from litigating a false claim and fired a dishonest employee all at once. ...

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Rhode Island’s Incoming U.S. Attorney Promises ‘Apolitical’ Office

Given the unique, natural resources that Rhode Island has to offer, and the importance of those resources within the state, it’s helpful every so often to remind people that the U.S. Attorney’s Office, along with the state Attorney General’s Office ...

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Risk Of Consumer Confusion Doesn’t Rule Out ‘Fair Use’ Trademark Defense

A defendant in a trademark infringement case could assert it made “fair use” of a descriptive term without having to disprove any consumer confusion resulting from that use, the U.S. Supreme Court has ruled. “It takes a long stretch to ...

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SJC Lowers Bar For Certifying Deceptive Advertising Class Actions

In a stunning 4-3 decision, the Massachusetts Supreme Judicial Court recently expanded companies’ exposure to consumer fraud class actions. The court held in Aspinall v. Philip Morris Companies, Inc., that the mere purchase of a deceptively advertised product, without more, ...

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Getting Paid By Financially Troubled Customers

Your slow-paying customer has now become a non-paying customer, and its CFO tells you that if your company presses too hard for payment a bankruptcy filing is likely to follow. You are further told that a secured creditor is ahead ...

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Case Highlights Critical Importance Of Corporate Records

A recent ruling by the Massachusetts Appeals Court confirms the predisposition of Massachusetts courts to look beneath the record of corporate action to assure that form actually follows substance.

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How IP Patents Can Lock In Competitive Advantages

Technology Deals, 152 pagesBy Stephen C. GlazierLBI Law and Business Institute, Publisher$19.95How to order: The book can be purchased online at Amazon.com, Barnesandnoble.com, or Booksamillion.com. A strong intellectual property portfolio is a valuable asset for companies in a range of ...

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ACC Northeast Chapter Offering Mediation Training

The Northeast Chapter of the Association of Corporate Counsel is offering an eight-hour mediation and conciliation training program in connection with its mediation/conciliation program at the Dedham, Mass. and Woburn, Mass. District Courts. Four separate two-hour training sessions are scheduled ...

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Internal Investigations Essential Component To Cooperating With SEC

Judging from a recent string of high-profile settlements, the Securities and Exchange Commission is placing greater importance on corporate cooperation in its investigations, rewarding full cooperation in appropriate circumstances, and more importantly, penalizing the lack of it with steep penalties.1 ...

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