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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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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 ...

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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. ...

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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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