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Method used to calculate damages in patent cases struck by Federal Circuit

February 2, 2011 Comments Off on Method used to calculate damages in patent cases struck by Federal Circuit

A rule that lawyers and judges in Massachusetts and beyond have been using to determine damages in patent infringement cases has been abolished by the Federal Circuit Court.

Tagged with: Jan. 2011 issue patent infringement

Judge: confidentiality clause in arbitration award too broad

February 2, 2011 Comments Off on Judge: confidentiality clause in arbitration award too broad

A Massachusetts Superior Court judge recently shed some light on the secretive world of arbitration by lifting a blanket confidentiality clause that had veiled documents in a dispute between a Wall Street brokerage firm and a former employee.

Tagged with: Jan. 2011 issue

DOJ lawsuit could dampen future role of in-house counsel

February 2, 2011 Comments Off on DOJ lawsuit could dampen future role of in-house counsel

The U.S. Department of Justice’s controversial decision to file criminal charges against Lauren C. Stevens, a North Carolina attorney employed by drug manufacturer GlaxoSmithKline, raises questions about whether lawyers working for companies are now firmly in the government’s enforcement crosshairs ...

Tagged with: Jan. 2011 issue

Court again takes on issue of employee privacy rights

January 18, 2011 Comments Off on Court again takes on issue of employee privacy rights

Defining exactly what, if any, right to privacy employees enjoy is something the U.S. Supreme Court has been hesitant to do.

Tagged with: Nov. 2010 issue

Shared-office arrangement leads to harassment claim

January 18, 2011 Comments Off on Shared-office arrangement leads to harassment claim

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

Accidental ‘reply all’ e-mail is privileged document

January 18, 2011 Comments Off on Accidental ‘reply all’ e-mail is privileged document

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

Enforcement power of MCAD at stake in bias case

January 18, 2011 Comments Off on Enforcement power of MCAD at stake in bias case

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

Supreme Court mulls ‘cat’s paw’ discrimination case

January 18, 2011 Comments Off on Supreme Court mulls ‘cat’s paw’ discrimination case

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

Court: ‘evergreen’ clause in CBA can’t be enforced

January 18, 2011 Comments Off on Court: ‘evergreen’ clause in CBA can’t be enforced

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