New England Biz Law Update

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.

Nearly two years after Congress enacted an evidentiary rule aimed at protecting lawyers who mistakenly turn over privileged materials during discovery, practitioners say they are still struggling with critical aspects of the measure. Signed by President George W. Bush in ...

Superior Court judge in Massachusetts has ruled that a CEO whose company pension plan lost nearly $1.5 million during the stock market collapse of 2000 could not recover against a hedge fund manager under the state’s Uniform Securities Act.

A commercial trucker who was fired for his adherence to federal safety standards could be awarded back pay pursuant to the Surface Transportation Assistance Act of 1982, the 1st U.S. Circuit Court of Appeals has ruled. The employer argued that ...

Claims agreement cuts costs, but reaction mixed

Starting on Oct. 4, the U.S. Supreme Court justices will take on issues ranging from the ability to file suit in matters involving arbitration clauses or federal regulations, to retaliation and privacy issues in employment law. Preemption and arbitration Two ...

A shareholder-derivative complaint that a plaintiff waited the required period to file, but did so before the corporation rejected his demand, could be dismissed under the so-called “business judgment rule,” the Supreme Judicial Court in Massachusetts has ruled. The plaintiff ...