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Decades-old trademark precedent still puts owners at risk

In today’s world of instant messaging, mobile technologies, virtual worlds and social media, the difficulties trademark owners face protecting their marks is well beyond what the architects of the Constitution intended when they drafted the First Amendment. A myriad of ...

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‘Comcast’ ruling limits attorney-client protection

Raising a potentially troubling issue of importance for transactional attorneys in all jurisdictions, the Massachusetts Supreme Judicial Court recently denied the protection of the attorney-client privilege to an in-house attorney seeking to invoke it in relation to reports by non-attorney ...

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Common workplace activities can cause copyright problems

Imagine one morning you arrive at work only to be greeted by a summons and a lawsuit accusing your company of copyright infringement because one of your employees was caught copying and pasting articles from news websites and e-mailing them ...

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Is your company’s internship program at risk?

The Obama administration made it clear recently that it plans to crack down on for-profit companies using unpaid interns. Could your company be at risk? Nancy J. Leppink, the acting director of the Wage and Hour Division of the U.S. ...

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Good faith e-discovery error leads to sanctions

Lawyers and a federal judge say a recent ruling from the Southern District of New York shows that litigants who act in good faith but negligently fail to preserve electronic discovery can be subject to severe sanctions.

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Employer’s fee request denied

A company that prevailed in a lawsuit brought by its former general counsel could not recoup litigation costs in the absence of a contractual clause, rule or statute specifically providing for that remedy, the 1st U.S. Circuit Court of Appeals has ruled.

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New standard imposed in contracts

A 1st U.S. Circuit Court of Appeals ruling has created a “reasonable efforts” common-law contract standard that imposes new duties on corporate parties who purchase other companies’ assets, according to several practitioners familiar with the case.

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Change to arbitration laws could herald more reform

A recent move by Congress to limit arbitration for companies that contract with the Department of Defense could signal a shifting opinion toward arbitration clauses that have been championed by employers and businesses but have been the bane of plaintiffs.

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Taxpayer’s ‘disparate treatment’ claim vs. IRS fails

The IRS did not violate due process principles by assessing a federal excise tax against a manufacturer of hydraulic boat trailers but not its competitors, the 1st U.S. Circuit Court of Appeals has found.

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Court order clarifies start of post-judgment interest

In order issued by the Supreme Judicial Court in an employment discrimination case appears to settle the question of when post-judgment interest starts in Massachusetts. By determining that accrual begins when the first judgment is entered after “all claims are ...

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