The wars in Iraq and Afghanistan have resulted in what some have termed the largest mobilization of military reservists and National Guard troops since World War II. With any luck, these troops will be returning home quickly and safely. When ...
Read More »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, ...
Read More »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 ...
Read More »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.
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Appeals Court Rejects ‘Adverse Inference’ Rule In Patent Disputes, Boosting The Attorney-Client Privilege
With attorney-client confidentiality generally, and the privilege specifically, under regular attack, it is refreshing to see the full force of the privilege restored in an area in which it has long been unfairly curtailed. In Knorr-Bremse Systeme Fuer Nutzfdahrzeuge GmbH ...
Read More »Recent Rulings Reshape Non-Competition Agreements In Massachusetts
Employee non-competition clauses present a difficult challenge for in-house counsel because judges disfavor them and they are often difficult to enforce. Counsel must decide when to spend sometimes-significant legal fees attempting to enforce such clauses, considering all the underlying facts. ...
Read More »Avoiding An ‘Implied’ Employment Contract Or Drafting A Favorable One: A Primer
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer’s actions and is binding on the employer, though it may be difficult to prove. Because an implied employment contract may arise during any communication with ...
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