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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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Pleadings sufficient in FCA retaliation claim

In a split decision, a three-judge panel of the 1st U.S. Circuit Court of Appeals has reiterated that the pleading standard for a retaliation claim under the federal False Claims Act differs from the standard applicable in a suit alleging ...

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Employee suit over ‘imprudent’ 401k investments can proceed

Former employees of Putnam Investments can proceed with an ERISA class action against their former employer and other plan fiduciaries based on allegations that they suffered losses as a result of the investment options selected for their 401(k) plan, the ...

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U.S. Supreme Court hands rare ADR win to workers in 1st Circuit case

The drumbeat of defeat for plaintiffs fighting arbitration clauses has been put on pause at the U.S. Supreme Court — at least temporarily — with a recent decision allowing a New England truck driver to proceed with his wage class ...

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SEC embracing analytics as tool to catch crooked traders

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 ...

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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 ...

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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 ...

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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, ...

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