New England Biz Law Update

Below are summaries of important opinions affecting in-house attorneys issued by the 1st and 2nd Circuits and Delaware Court of Chancery from late July 2004 through early October 2004. Readers can access the full text of the opinions at www.newenglandbizlawupdate.com. ...

A landowner that was never subject to a CERCLA suit but voluntarily cleaned up toxic waste on its property can’t seek contribution from the prior owner, the U.S. Supreme Court has ruled in a 7-2 decision. The ruling could mean ...

Richard Clarke, former special assistant to the President for global affairs, recently spoke at a meeting of the New England Legal Foundation on the topic of cyber-security and what corporate lawyers can do to help their companies reduce the threat, ...

In the first criminal prosecution under the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), a Seattle man has been indicted and has pled guilty to wrongfully disclosing an individual’s health information for economic gain. ...

It's not uncommon for savvy employees to assert false employment law claims as a way to shield themselves from termination, suspension, a poor job review, or as a bargaining chip to win a severance package, experts say. The problem of false claims is taking place at a time when retaliation complaints linked to underlying employment claims are skyrocketing.

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. ...

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 ...

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 ...

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 ...

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, ...