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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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Non-union employees can’t recoup pre-‘Janus’ ‘agency’ fees

State workers who refused to join the public employees’ union were not entitled to recoup union “agency fees” that they were compelled to pay before the U.S. Supreme Court ruled that such arrangements were unconstitutional, the 1st U.S. Circuit Court ...

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