An indictment unsealed in federal court in Boston serves as a stark warning to lawyers and their clients of the increasing regulatory risk posed by the Securities and Exchange Commission’s use of advanced analytics to detect illicit trading activity. On ...
Read More »Foreign company’s sales subject it to jurisdiction
In what it noted was a “close call,” the 1st U.S. Circuit Court of Appeals ruled that it did not offend the Due Process Clause of the Constitution to exercise specific personal jurisdiction against a German corporation that derived income ...
Read More »NLRB poised to revamp ‘joint employer’ test
A divided National Labor Relations Board has proposed a new rule that raises the bar for establishing joint-employer status, effectively reversing one of the board’s more controversial decisions issued when it was controlled by appointees of President Obama. Under the ...
Read More »No jurisdiction for defamation suit against out-of-state company
An out-of-state tech firm that allegedly made disparaging statements about a Massachusetts competitor to companies with locations in Massachusetts was not subject to jurisdiction under the state’s long-arm statute, G.L.c. 223A, §3, a trial court judge has decided. Plaintiff SCVNGR, ...
Read More »Doctrine doesn’t spare college’s auditor
A college whose financial aid director committed fraud could sue its auditor under the doctrine of in pari delicto, the Massachusetts Supreme Judicial Court has ruled, finding that because the employee was not a member of senior management, her conduct ...
Read More »Judge vacates fees granted in FINRA arbitration
An arbitration panel erred in awarding attorneys’ fees to a broker in a wrongful termination and defamation case she successfully brought against the securities firm that fired her, a U.S. District Court judge in Massachusetts has decided. The broker, Cheryle ...
Read More »Company can’t bring defamation claim against blogger
A water-treatment company could not sue a blogger for defamation over allegedly inflammatory posts he wrote about the company on his website, a U.S. District Court judge in Rhode Island has ruled. Defendant Brian MacFarland, who blogs about companies that ...
Read More »Joint employer wage claim fails under ‘Baystate’ factors
A federal judge has ruled that a cleaning company was not a “joint employer” for purposes of a wage claim under the Fair Labor Standards Act and the Rhode Island Minimum Wage Act. Integral to the summary judgment ruling in ...
Read More »Plaintiffs’ bar seeks options after ‘Epic’ win for employers
Now that the U.S. Supreme Court has settled the question of the enforceability of class-action waivers in employment arbitration agreements, plaintiffs’ attorneys are weighing their remaining options for protecting workers from widespread violations of state and federal law. The Supreme ...
Read More »Views vary on local impact of Big Law’s ‘salary wars’
Managing partners at small and mid-size firms aren’t anticipating a trickle-down effect on attorney compensation in the Boston market from Big Law’s scramble to offer first-year associates annual salaries of $190,000 or more. Instead, the consensus is that the smaller ...
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