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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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Gig worker bound by ‘clickwrap’ arbitration agreement

A gig worker who cleaned houses through an online service provider that allegedly misclassified her as an independent contractor was bound by a “clickwrap” mandatory arbitration agreement, the 1st U.S. Circuit Court of Appeals has ruled. Plaintiff Maisha Emmanuel submitted ...

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IP attorneys doubt patent waivers solution to global need for COVID vaccine

It certainly makes for a good sound bite, especially as outbreaks rage across India. But intellectual property attorneys doubt that waiving patent and other IP protections for COVID-19 vaccines would turn the tide on the global pandemic. On May 5, ...

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City denied summary judgment in employee’s retaliation claim

A federal judge has denied a motion by the city of Providence seeking summary judgment in a Title VII retaliation lawsuit brought by one of its employees, concluding that conflicting evidence prevented the city from articulating a “legitimate, nondiscriminatory reason” ...

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1st Circuit kicks ex-employee’s race-bias claim to arbitration

It is up to an arbitrator to determine arbitrability of a discrimination claim that a onetime employee brought against a company based on mistreatment he allegedly encountered as a contractor years after his period of employment ended, the 1st U.S. ...

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Firms offering wide range of alternative fees

While rumors of the demise of the billable hour may have been greatly exaggerated, law firms are increasingly offering a range of alternative fee arrangements for clients now more open to accepting them. Apart from the traditional contingency fee agreement, ...

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Year later, ABA issues ethical guidance for working remotely

A lawyer’s ethical obligations when working remotely are outlined in a new opinion issued by the American Bar Association nearly a year after most attorneys set up shop at home in response to the COVID-19 pandemic. On March 10, the ...

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Attorney writes ‘handbook’ for in-house tech lawyers

David Sclar has just self-published the book he wishes he could have turned to for practical advice once his career course was set as in-house counsel guiding digital health and wellness companies on matters ranging from security and privacy to ...

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