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 ...
Read More »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, ...
Read More »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 ...
Read More »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 ...
Read More »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, ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »In-house lawyers spring into action at festive social
The Women’s Bar Association of Massachusetts recently held its In-House Counsel Spring Social at the offices of Ogletree, Deakins, Nash, Smoak & Stewart in Boston. Photos by: Scott Ziegler and Maura Bastarache
Read More »Employers keep close eye on pay equity push
A state law mandating gender pay equity that has been on the books for more than 70 years has generated few cases, but the issue is increasingly top of mind for employment lawyers in Massachusetts. Attorneys are watching two recent ...
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