New England Biz Law Update

An employee who had to share a small office with a supervisor who allegedly refused to respect her personal space could later sue the supervisor for creating a hostile work environment, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Nov. 2010 issue

Massachusetts Superior Court judge in the Business Litigation Session has found that a damaging e-mail a defendant inadvertently forwarded to opposing counsel was privileged and should therefore be stricken from the case.

Tagged with: Nov. 2010 issue

The Massachusetts Supreme Judicial Court is slated to decide whether employers can use arbitration provisions in hiring contracts to prevent employees from filing bias claims with the Massachusetts Commission Against Discrimination and the U.S. Equal Employment Opportunity Commission.

Tagged with: Nov. 2010 issue

In the 17th century, writer Jean de La Fontaine penned a fable about a clever monkey who persuaded a cat to fetch chestnuts from a hot fire. The cat’s paws got burned, but the monkey got what he wanted: fresh ...

Tagged with: Nov. 2010 issue

By Christina Pazzanese and Thomas E. Egan The parties to a municipal collective bargaining agreement could not include an “evergreen” clause purporting to continue the terms of the CBA during the period of negotiations for a successor agreement, the Massachusetts Supreme ...

Tagged with: Nov. 2010 issue

A recent e-discovery decision provides important lessons for lawyers and companies about spoliation sanctions.

Tagged with: Nov. 2010 issue

A controversial non-compete bill that was gaining considerable steam in Massachusetts after it advanced out of a House committee last session was quietly dropped from the state’s recently enacted economic development law.

Tagged with: Nov. 2010 issue

Recent action taken by the Securities and Exchange Commission against two Massachusetts individuals has in-house counsel and workers alike wondering whether there are limits to the extent employees can rely on their company’s attorneys. In September, the SEC filed a ...

Tagged with: investment fraud SEC

A controversial decision by the U.S. Securities and Exchange Commission requiring companies to give their shareholders a greater voice in the boardroom is drawing mixed reviews from corporate lawyers who say it is unclear whether the move will deliver on a promised corporate power shift or level the playing field, which some hope and others fear.

A surprise amendment to Massachusetts’ personnel records statute that requires employers to notify employees whenever a negative report is placed in their files is stirring the labor law community.