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Supreme Court refuses to ease invalidity test

Intellectual property lawyers throughout the 1st Circuit say a recent decision out of the U.S. Supreme Court firmly establishes that the clear and convincing evidentiary test continues to be the appropriate standard of proof in patent invalidity claims.

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NLRB takes aim at social media

Employers — including law firms — need to take a closer look at their social media policies and how they enforce those policies in light of recent actions taken by the National Labor Relations Board.

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Compliance with data privacy laws may not be enough, lawyers say

A recent consumer protection action by Massachusetts Attorney General Martha Coakley against a Boston area pub and restaurant chain victimized by credit card hackers provides a road map for what the liability landscape could look like in future data breach ...

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Non-compete agreement could be enforced

A communications company could block an engineer whom it had just trained on mobile broadband technology from taking a job with another company that provided similar products, a Massachusetts Superior Court judge has decided.

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Limited liability co. not covered by state Wage Act

An employee who claimed he was owed money under the Massachusetts Wage Act could not recover from the president and manager of the limited liability company for which he worked, a Massachusetts Superior Court judge has decided in a case ...

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Ex-employees can file anti-retaliation claims

The Massachusetts Supreme Judicial Court has ruled for the first time that employers may be held liable for retaliating against ex-employees, even if the wrongful conduct occurs years after the parties go their separate ways.

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Class dismissed

The U.S. Supreme Court’s decision barring certification of what would have been the largest job discrimination class action in history has spurred a debate among legal experts about the role of class actions not only as a tool for seeking ...

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Confidentiality clause is found to be overbroad

A temporary employment agency could not enforce a confidentiality provision barring workers from disclosing the terms of their employment to “other parties,” the 1st U.S. Circuit Court of Appeals has decided.

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Denial of LTD benefits reversed by 1st Circuit

An insurance company could not deny long-term disability benefits claimed by a policyholder who worked fewer hours after undergoing orthopedic surgery, the 1st U.S. Circuit Court of Appeals has decided.

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