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Temp agency’s confidentiality agreement struck down (805)

A temp agency could not fire an employee for violating a confidentiality provision that barred him from disclosing to any “other parties” the terms of his employment, the 1st U.S. Circuit Court of Appeals has decided.

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Sweeping COBRA changes spur concern among lawyers (806)

For the first time, employers are required to pay a subsidy for former employees’ use of COBRA, and experts caution that they could see their overall health costs rise as a result.

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Truck driver’s bid for reinstatement hits roadblock (808)

Acommercial truck driver’s claims that his employer had discriminated against him by not allowing him to return to work after he was treated for a psychiatric disorder came to a dead end last month when the Massachusetts Supreme Judicial Court ...

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Wage Act lawyers seek clarity on retroactive damages (809)

A lawyer who recently won a Massachusetts Wage Act lawsuit against a Boston restaurant says she is disappointed the judge in the case did not address a hotly debated issue in the employment bar: whether last year’s mandatory treble damages bill applies retroactively.

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Choice, oversight of outside lawyers in-house counsel job

This is the final installment in a Succeeding In-House series, in which the author explains why basic legal skills are not enough for long-term success as an in-house attorney. This column explores some of the techniques to use when wielding ...

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Mass. court weighs in on disclosure to consultants

Companies and in-house counsel rely on a wide array of consultants and professionals, such as accountants, brokers, investment bankers and public relations experts. What becomes of attorney-client privileged information when it is disclosed to these consultants? The general rule is ...

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Federal fraud decision stirs controversy

Securities lawyers are closely monitoring the outcome of a motion for reconsideration in a 1st U.S. Circuit Court of Appeals fraud case that has many claiming the court has gone too far. In SEC v. Tambone, the court radically expanded the scope of liability in securities fraud investigations by holding that the conduct of two mutual fund executives could constitute an “implied fraudulent statement” even though they did not actually make any false or misleading statements.

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‘Workpapers’ protected from disclosure to IRS

Tax-accrual workpapers prepared by a company to determine how much cash it should reserve in case the IRS disputed its tax returns were protected by the work-product doctrine, the 1st U.S. Circuit Court of Appeals has ruled.

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