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Identity of Fidelity clients considered ‘confidential information’

A financial consultant who allegedly compiled a list of his former clients from memory after leaving the company to join a competitor could be considered to have used confidential information, a Massachusetts Superior Court judge has found. Defendant Devin Callinan, ...

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Contractor can’t sue as third-party beneficiary

A contractor’s breach of contract claim against the company that created preliminary designs for a project should be dismissed because the contractor was not an intended beneficiary of the contract between the company and the owner of the project, a ...

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Deadline looms for reinstated payroll reporting requirements

A federal judge has resurrected payroll reporting guidelines adopted during the Obama administration that require large employers to break down wages and salaries according to the sex, race and ethnicity of their employees. On March 4, U.S. District Court Judge ...

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R.I. Supreme Court establishes boundaries of liability for accountants

Adopting the “Restatement rule” for assessing whether or not a duty exists between an accountant and an aggrieved third party, the Rhode Island Supreme Court has ruled that an accounting firm could not be liable for a report relied on ...

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Co. president owes fiduciary duty to fired doctor/shareholder

A shareholder/physician who was terminated from a medical group could bring a breach-of-fiduciary-duty claim against its president, a Superior Court judge in Massachusetts recently ruled. Plaintiff Stephen Punzak was an anesthesiologist in an 83-person professional corporation, defendant Anesthesia Associates of ...

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Disabled teacher can sue over denial of part-time work

A former kindergarten teacher can proceed with a disability discrimination claim alleging that the school district refused to accommodate her fibromyalgia by permitting her to work part time, a U.S. District Court judge in Massachusetts has ruled. The Newton Public ...

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‘Surprise’ verdict spawns primary/excess insurer spat

A decision by a federal judge in Boston provides a rare glimpse into the internal dynamics of the relationship between the primary and excess liability insurers for a personal injury defendant prior to an unexpected multi-million-dollar verdict that sparked a ...

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Telephone Consumer Protection Act class action can proceed

Attorneys say a recent U.S. District Court decision in Massachusetts broadly interpreting the definition of “automatic telephone dialing system” under the federal Telephone Consumer Protection Act preserves the ability of consumers to seek redress against telemarketers that make unsolicited robocalls ...

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Juries warming to bias, retaliation claims

Prior to 2017, the number of million-dollar verdicts in employment discrimination and retaliation cases in Massachusetts over the previous two decades could more or less be counted on one hand, according to plaintiffs’ attorney Elizabeth A. Rodgers. Then, the floodgates ...

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Benefits of business-to-business arbitration on trial

A recent U.S. District Court decision has brought to the front burner the question of whether arbitration actually delivers on its promise of providing a means for the cost-effective and speedy resolution of business disputes. In CellInfo, LLC v. American ...

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