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Attorney-client privilege in close corporations

Attorneys routinely communicate with clients by email, relying on the assumption that their communications are cloaked with the attorney-client privilege and the work product protection. But that can be a dangerous assumption in the close corporation context, where shareholders owe ...

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Appeals Court OK’s patient’s sexual assault suit against hospital

A maternity patient at Boston Medical Center who was sexually assaulted by a non-clinical employee that was alone with her in violation of institutional policy could bring a negligent supervision action against the hospital, the Appeals Court has ruled. A ...

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Arbitration award over faculty workload affirmed

The University of Rhode Island could not prohibit its part-time faculty members from teaching more than two courses in a semester, a Superior Court judge has determined. An arbitrator ordered the university to refrain from imposing a two-course limit per ...

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Complaint alleging interference under FMLA dismissed

An employee who was fired as soon as her medical leave ended could not sue her employer for interfering with her Family and Medical Leave Act rights, a federal judge has determined. The defendant employer and a co-defendant vice president ...

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Employee’s suit fails over privileged emails

A bank manager’s unauthorized review and use of privileged emails detailing his former employer’s litigation strategy warranted the dismissal of his lawsuit over breach of his employment contract, a U.S. District Court judge has ruled. The plaintiff, John C. Ponte, ...

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Arctic Circle conference promotes collaboration, dialogue, ideas

What impact could an international conference in Iceland have for the legal community in Boston? More than you might think, according to Elizabeth M. Myers, a partner in Verrill Dana’s Boston office. Myers attended the Arctic Circle Assembly 2015 recently ...

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‘Scared’ witness must testify before SEC

  It’s surely no fun getting grilled by lawyers from the U.S. Securities and Exchange Commission. But Carlos R. Garza insists he was positively “frightened” when he was called to testify at the SEC’s regional office in Boston on Aug. ...

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Dispute over securities accounts has foreign policy repercussions

As a Burns & Levinson business litigator, Boston’s Michael C. Gilleran never anticipated he would end up in a dispute implicating the foreign policy powers of the United States president. But that’s exactly where he found himself earlier this summer ...

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Community-of-interest privilege bars discovery of email exchange

The “community-of-interest privilege” protected a defendant company from having to produce — in the context of a patent dispute with a competitor — a chain of emails discussing legal implications of a non-finalized licensing agreement between it and a third-party ...

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Sales rep can sue Kansas employer in Massachusetts

A federal court in Massachusetts could exercise personal jurisdiction over an out-of-state employer sued for breach of an employment contract by a sales representative hired to work out of his Wayland home, the 1st U.S. Circuit Court of Appeals has ...

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