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All eyes on how far law goes on personnel files

After hearing arguments in Meehan v. Medical Information Technology, Inc. on Nov. 1, the Supreme Judicial Court in Massachusetts will have an opportunity to clarify whether an employee’s exercise of his rights under the state’s Personnel Records Act can serve ...

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Noncompete unenforceable for inadequate consideration

A U.S. District Court decision voiding a noncompete under the Massachusetts Noncompetition Agreement Act provides a “glimmer of hope” for lawyers who have been awaiting guidance on how judges will interpret the 2018 statute, attorneys say. The MNAA, G.L.c. 149, ...

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Judge: plaintiff states claim in business interruption suit

In what may be Rhode Island’s first ruling in a business interruption insurance coverage dispute prompted by COVID-19 shutdowns, a Providence adult entertainment venue has had mixed success in surviving a defendant insurer’s motion to dismiss. Superior Court Judge Brian ...

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1st Circuit tightens lid on investor suits

Securities fraud litigators view a recent decision from the 1st U.S. Circuit Court of Appeals as reducing the odds of investors being able to recover on claims that a company violated federal law by failing to disclose known risks to ...

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Employer-side lawyers parse RI pay equity law

Management-side employment attorneys are beginning to advise their clients on what they should expect under Rhode Island’s new “pay equity” law, which after years of previous efforts by legislators gained passage in the General Assembly’s most recent session and was ...

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Surveillance video takes center stage in premises liability

For premises liability attorneys, the proliferation of surveillance cameras in the commercial setting has meant a corresponding focus on the duty to preserve video evidence that businesses ignore at their own peril. Boston defense lawyer Kevin M. Hensley represents a ...

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Response starting to form to Biden ‘competition’ order

President Joe Biden

The title of the Biden administration’s recent executive order on “Promoting Competition in the American Economy” is unlikely to set off alarm bells. After all, “more competition” conjures images of new jobs, better wages and prices for consumers, and more ...

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Judge: MCAD not a necessary first step for public accommodations case

A person aggrieved by discrimination in a place of public accommodation need not file a charge with the Massachusetts Commission Against Discrimination and exhaust her administrative remedies before filing suit, a Superior Court judge has decided. In so ruling, the ...

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Noncompete’s choice-of-law provision not determinative

A nonresident defendant’s contacts with Rhode Island were not robust enough to allow the federal court to exercise jurisdiction in a lawsuit accusing that defendant of breaching a noncompete agreement with his former employer, U.S. District Court Judge William E. ...

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Hospital ‘offer letter’ found not to be binding contract

A hospital’s emailed “offer letter” did not constitute a valid, binding contract, nor could the doctor who received it establish a promissory estoppel claim, a Superior Court judge in Massachusetts has decided. At the outset of his decision in Moore ...

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