New England Biz Law Update

A bank that required customers to answer security questions before it cleared any electronic withdrawal of more than $1, but allegedly failed to implement further security measures to detect and address suspicious transactions, could be sued under Article 4A of ...

Tagged with: July 31 2012 issue

The final provision of Massachusetts’ two-year-old CORI reform law quietly went into effect on May 4. Intended to give employers online access to applicants’ criminal histories while changing what can and cannot appear on initial written job applications, the new ...

Tagged with: June 30 2012 issue

Before the ink had dried on his multi-million-dollar contract, Paul V. Kelly knew he had a problem on his hands.

Tagged with: July 16 2012 issue

Two railroads charged under the Federal Employers’ Liability Act with negligently causing injuries to a former employee could introduce evidence that the employee was getting about $3,000 a month in disability benefits under the Railroad Retirement Act, the 1st U.S. ...

Tagged with: July 16 2012 issue

The U.S. Supreme Court nixed a claim by pharmaceutical representatives seeking overtime pay, ruling that such workers are “outside salespeople” and not employees under the Fair Labor Standards Act.

Tagged with: July 16 2012 issue

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