New England Biz Law Update

When federal prosecutors target a company for fraud, in-house counsel are increasingly facing a tough choice: voluntarily disclose sensitive internal information - at the risk of waiving the attorney-client and work product privileges - or stand firm against charges that can threaten the very survival of the company.

Given the right set of key assumptions, lots of transactions can look good on paper. Recent history, however, is littered with failed and under-performing transactions once built on optimism and the best of intentions. Taking the time to think through ...

Are recovered alcoholics protected by the ADA? Can an employer discharge an alcoholic who requests a leave of absence to attend a treatment program? Does a history of alcohol abuse affect a “major life activity” under the ADA? These are ...

In-house lawyer Michael D. Cahn, a securities law specialist, says he has never in his career seen the flurry of changes in securities law that has occurred over the past couple of years.

Who is the best person for the job? Making this decision plagues hiring managers daily. Some people say it’s the candidate with the most experience, while others say it’s the candidate with the best education. However, there are other important ...

Below are summaries of important opinions affecting in-house attorneys issued by the U.S. Supreme Court, 1st and 2nd Circuits and Delaware Court of Chancery from late October 2003 through early January 2004. U.S. Supreme Court Antitrust Local Phone Company Customers ...

Employers continue to struggle with issues related to the privacy of employee medical records. Although the new federal privacy rule (Privacy Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not regulate businesses in their capacity ...

The practice of recruiting, and actually hiring, the most qualified candidate for a job should be one that is painstakingly undertaken by employers. When interviewing candidates, employers should pay particular attention to objective criteria such as previous work history, education ...

The Madrid Protocol. It sounds like a spy novel, but it is actually an international treaty that facilitates trademark protection in most of the world’s major economies. As of Nov. 2, 2003, the United States became one of some 60 ...

Despite two U.S. Supreme Court opinions urging Congress to do something about it and despite unprecedented efforts to fashion a legislative solution in the 108th Congress, the asbestos personal injury litigation grinds on. The litigation has driven more than 70 ...