A commercial trucker who was fired for his adherence to federal safety standards could be awarded back pay pursuant to the Surface Transportation Assistance Act of 1982, the 1st U.S. Circuit Court of Appeals has ruled. The employer argued that ...
Read More »Boston attorney unveils model ‘litigation prenup’
Claims agreement cuts costs, but reaction mixed
Read More »Arbitration, employment cases dominate Supreme Court docket
Starting on Oct. 4, the U.S. Supreme Court justices will take on issues ranging from the ability to file suit in matters involving arbitration clauses or federal regulations, to retaliation and privacy issues in employment law. Preemption and arbitration Two ...
Read More »Dismissal of ‘early’ shareholder derivative suit OK
A shareholder-derivative complaint that a plaintiff waited the required period to file, but did so before the corporation rejected his demand, could be dismissed under the so-called “business judgment rule,” the Supreme Judicial Court in Massachusetts has ruled. The plaintiff ...
Read More »Securities law beyond Dodd-Frank Act
The Dodd-Frank Act is the most far-reaching securities legislation in a generation, but I’ll leave its analysis to the deluge of client alerts and webinars out there. Aside from Dodd-Frank, there are other important securities changes that lawyers need to ...
Read More »Class-action arbitration requires express consent
The U.S. Supreme Court recently ruled that the arbitration of class claims requires the express consent of the parties to the arbitration agreement. This decision has significant implications for employers, employees, and unions whose employment-related claims are covered by collective-bargaining ...
Read More »While you were away: changes in employment law
While you were away enjoying the sun and the sand, the state and federal legislatures (not to mention agencies and courts) have been reshuffling the deck, instituting some of the most sweeping changes in the area of employment law in ...
Read More »European patent law changes to impact U.S. practice
Earlier this year, the European Patent Office introduced a series of wide-ranging changes to European patent law that all patent practitioners should know about. Ostensibly, the changes have been made to accelerate European patent prosecution and prevent alleged abuses of ...
Read More »A straw donor by any other name is still a straw donor
Money is the mother’s milk of politics, the late California politician Jesse Unruh observed more than 50 years ago. Like it or not, with each election cycle, money has become ever more important to nurturing and sustaining political campaigns. As ...
Read More »Pre-filing investigations in patent cases are critical
Let’s face it: any litigation is expensive. Patent cases tend to be even more costly because of the technical issues involved, so legal counsel should know the ins and outs of a case before filing to avoid sanctions, eliminate surprises ...
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