New England Biz Law Update

A plaintiff who lost her job as store manager could not prove disability discrimination because her knee condition prevented her from performing physical tasks that were essential job functions according to the employer’s official written description of her position, the ...

Representatives of a manufacturer who were allegedly owed sales commissions by an electronics company that went bankrupt could not sue the private equity firm that owned a majority stake in the company, a Superior Court judge in Massachusetts has decided.

Noted labor and employment attorney Harold L. Lichten was feeling A-OK as he put the finishing touches on his preparations for an oral argument before the Massachusetts Supreme Judicial Court.

Tagged with: June 30 2012 issue

Kenneth Flynn is no lawyer, but he’s not afraid to go toe to toe with them. A construction company owner, Flynn recently found himself jousting with California attorneys representing Judicial Arbitration and Mediation Services Inc., better known as JAMS, in ...

Tagged with: June 30 2012 issue

A recent 9th U.S. Circuit Court of Appeals decision has cast doubt on a tool that is increasingly being used by employers to go after employees who use confidential information from company computer systems.

Tagged with: June 30 2012 issue

Since last year, when generic drug makers won a victory on the issue of federal preemption before the U.S. Supreme Court, lower courts have been dismissing cases against generic drug makers left and right.

Tagged with: June 30 2012 issue

An employer was justified in subtracting an executive’s $5 million lump-sum severance payment from his wages for purposes of calculating his retirement benefits, a U.S. District Court judge has ruled.

Tagged with: June 30 2012 issue

A law firm representing the plaintiffs in a patent infringement suit was not subject to disqualification based on the fact that two of its partners, while associated with a different firm in 2004, had a one-day meeting with the defendant ...

Tagged with: May 31 2012 issue

The last oral argument of the U.S. Supreme Court’s term was an explosive one, as the justices considered whether SB 1070, the controversial Arizona immigration statute, is preempted by federal law.

Tagged with: May 31 2012 issue

An investor who lost $7 million investing in a hedge fund could not sue the fund’s operator under the Uniform Securities Act for failing to disclose in the fund’s prospectus that he had been previously involved in a residential landlord-tenant ...

Tagged with: May 31 2012 issue