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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
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 ...
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New England Biz Law Update
