A U.S. magistrate judge has ruled that a health care provider that brought suit over a failed attempt to buy Landmark Medical Center in Woonsocket need not disclose the communications it had with a special master concerning asset purchase agreements. ...
Read More »1st Circuit sets standard for sex harassment, bias claims
A plaintiff alleging sex discrimination and sex harassment must present only sufficient circumstantial evidence from which a jury could find in her favor, the 1st U.S. Circuit Court of Appeals has decided. The plaintiff employee filed suit against her former ...
Read More »Judge allows tort claims over rescinded job offer
A Hong Kong investment analyst pleaded fraud with sufficient particularity to proceed with an intentional misrepresentation claim against a Massachusetts company that rescinded a job offer shortly after he left the employment he had, a U.S. District Court judge has ...
Read More »Consumer bar hails move to curb forced arbitration
Consumer protection attorneys are lauding a proposed federal rule that would effectively ban class action waivers in arbitration clauses included in new contracts for financial services. At the same time they are bracing for a wave of legal challenges by ...
Read More »Law firms playing catchup covering cybersecurity risks
Law firms that think they are adequately covered for cybersecurity risks may want to think again. A firm’s insurer may have slipped an exclusion for data breaches into the general liability policy the firm has been renewing year after year. ...
Read More »Judges feeling their way on web-based jurisdiction
Lawyers investigating whether an out-of-state defendant’s operation of a website provides a basis for suing the party in local federal court will find few bright-line rules coming from decisions issued in the 1st Circuit. A survey of recent opinions by ...
Read More »Car dealer’s dress code invalidated by NLRB
A car dealership could not enforce a policy banning employees from wearing pins, insignia and “message clothing” in the workplace, the 1st U.S. Circuit Court of Appeals has ruled in a split decision. The dealership petitioned for review of a decision ...
Read More »Agreement’s class action waiver can’t be enforced
A class-action waiver in a mandatory arbitration agreement between a Domino’s Pizza franchisee and its employees could not be enforced against delivery drivers asserting wage and tip law violations, a U.S. District Court judge has ruled. The plaintiff was a ...
Read More »For companies, big changes to lease accounting on horizon
For many years, the U.S. Securities and Exchange Commission and others have complained that lease accounting standards are not transparent enough, allowing too many off-balance-sheet lease transactions to occur, which are not properly disclosed to investors. New and dramatic changes ...
Read More »Labor Department takes aim at potential ‘joint employers’
The U.S. Department of Labor’s Wage & Hour Division recently issued a controversial new Administrator’s Interpretation detailing the division’s views on “joint employment” under the federal Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. Notably, in ...
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