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.
Read More »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.
Read More »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.
Read More »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.
Read More »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 ...
Read More »Navigating unlawful behavior by corporate constituents
Imagine the following scenario: Mr. Smith, a vice president at the company for which you serve as in-house counsel, asks to meet with you privately. During the meeting, Smith tells you that he and several of his colleagues are engaged ...
Read More »‘Activist’ Securities and Exchange Commission digs deep
The big news this spring is the new blockbuster SEC proxy disclosure rules covering compensation and governance that have dominated the legal literature. This column will go where others dared not — or, rather, cared not, to go: everywhere else. ...
Read More »Social media both blessing and curse for employers
Social media is a blessing and a curse for employers. It presents significant opportunities to market products and services and to establish and strengthen relationships. It also presents real challenges; it can decrease productivity and give employees an easy opportunity ...
Read More »In-House Leaders
Honoring a select group of in-house counsel for their accomplishments
Read More »Rise in charges has employers on ‘high alert’
When the going gets tough, the employment discrimination enforcement actions get going. And last year seems to be no different, with a number of factors creating a perfect storm of sorts for discrimination claims, including a rise in job losses, the passage of new age and disability bias laws and a tougher enforcement policy spearheaded by the Obama administration’s Equal Employment Opportunity Commission.
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