New England Biz Law Update

One year after the National Labor Relations Board sent shockwaves through the labor and employment bar by ruling that mandatory arbitration clauses barring class actions violated the National Labor Relations Act, the decision is coming under direct fire from federal ...

In a major milestone in the smartphone patent wars, a federal jury has found that Apple’s iPhone infringes on three patents with respect to the camera feature and the handling and rejection of calls.

Tagged with: February 28 2013 issue

A business consultant who was fired after a negative performance evaluation could sue her employer for gender discrimination based on evidence that a manager who had taken part in the evaluation process had previously engaged in allegedly sexist behavior toward ...

Tagged with: February 28 2013 issue

A nurse who was fired for insubordination after refusing to carry out an order she felt she could not handle while recovering from a serious injury could sue her employer for retaliation under the Americans with Disabilities Act, the 1st ...

Tagged with: February 28 2013 issue

It’s safe to say that Boston lawyer Joseph M. Makalusky ended 2012 on a high note. In late December, Makalusky’s client Mark Giddarie was awarded $18.5 million for his role as a whistleblower in a False Claims Act suit against ...

Tagged with: February 28 2013 issue

In its first full year, a federal whistleblower program that boosted the amount of awards to employees and others who report credible information about fraud and other securities violations spurred more than 3,000 tips and resulted in one five-figure payout.

Tagged with: February 28 2013 issue

A high-end manufacturer of luxury goods was not entitled to a preliminary injunction restricting the use of its trademarked name by an off-price retail chain, the 1st U.S. Circuit Court of Appeals has decided.

Tagged with: February 28 2013 issue

In a ruling likely to send ripples through the labor and employment law bar, a federal appellate court has ruled that President Obama’s recess appointments of three members to the National Labor Relations Board last year were unconstitutional.

Tagged with: February 28 2013 issue

Does a food allergy constitute a disability under the Americans with Disabilities Act? According to a recent settlement between Lesley University and the U.S. Department of Justice, the answer is: It depends.

Tagged with: February 28 2013 issue

The owners of a company who sought second opinions from tax experts after disagreeing with their accountant’s advice were time-barred from suing the accountant for malpractice, the 1st U.S. Circuit Court of Appeals has found. 

Tagged with: February 28 2013 issue