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The rise (and risks) of mandatory arbitration agreements

With the explosion of employment litigation — in particular, wage and hour lawsuits — many employers are turning to mandatory arbitration agreements as a strategy to keep defense costs down and avoid class actions. But as more and more companies ...

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Forced arbitration: a prelude to the jury trial’s obsolescence

Massachusetts is the American birthplace of the jury system. Each year, residents of the commonwealth serve as jurors and collectively render decisions that directly impact members of their community. In certain instances, their verdicts send powerful messages and drive social ...

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Pending changes to Massachusetts employment laws

In the current Massachusetts legislative session, a number of bills are pending that have the potential to increase employee protections and, in turn, impose further burdens on employers. Covering such varied areas as social media privacy, non-competition agreements and workplace ...

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Litigation finance enterprises can present ethical issues

The explosive growth of the so-called “litigation finance” industry is a game-changer in the civil practice arena. The New York Times Magazine recently documented the rise of this industry and described it as “transformational.” One litigation financing entity, Gerchen Keller, ...

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New labor rule spawns fight over attorney-client privilege

Management-side lawyers claim the new federal rules bolstering disclosure requirements for third parties that advise employers in opposing union-organizing campaigns impermissibly interfere with the attorney-client relationship. The U.S. Department of Labor last month announced long-awaited amendments to its so-called “persuader ...

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In-House With… Christopher C. Land, Woods Hole Oceanographic Institution

Founded in 1930, the Woods Hole Oceanographic Institution is the world’s largest private, independent nonprofit dedicated to ocean research, exploration and education. This spring marks the beginning of a new era in exploration for WHOI. In April it welcomed the ...

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Employer can’t enforce non-compete vs. doctor

A health care provider could not enforce a non-competition agreement with a physician who left to work elsewhere, a Superior Court judge in Rhode Island has held. The plaintiff, Medicine and Long Term Care Associates LLC of Cranston, or MLTC, ...

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Contractor’s $14M claim is forfeited by own breach

A technology company that breached its state contract by falsely certifying it had paid its subcontractors on time could not recover damages from the project owner for allegedly withholding payment for completed work, a Superior Court judge in the Massachusetts ...

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Supreme Court ruling sets stage for battles on statistical evidence

A recent U.S. Supreme Court decision allowing plaintiffs to use statistical evidence to establish class liability in a wage-and-hour case opens up a new battlefront in employment and other types of class action cases. The case involved current and former ...

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Time limit is void under ERISA plan

A complaint for long-term disability benefits under an employee welfare benefit plan should not have been dismissed under the plan’s three-year limitations period, as the time limit was not mentioned in the letter informing the claimant that his request was ...

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