New England Biz Law Update
A federal judge’s discretion to award fees in copyright infringement cases is not limited to deterrence of “out-of-court and bad-faith conduct.”
Tagged with: April 30 2012 issue
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Consumer protection – Standing – Sensitive nonpublic personal information
Where a plaintiff brought suit claiming that the defendant failed to protect sensitive nonpublic personal information as it was obligated to do under both contract and consumer protection laws, a judgment of dismissal must be affirmed, as (1) the plaintiff’s ...
Tagged with: April 30 2012 issue
Read More »Civil practice – Deposition – Sanctions
A party’s designation of a deposition witness who is not sufficiently knowledgeable or prepared for the deposition should not be treated as a sanctionable non-appearance under Rule 37 of the Federal Rules of Civil Procedure.
Tagged with: April 30 2012 issue
Read More »What every in-house lawyer needs to know about IP litigation
Intellectual property is one of the most complicated areas of law. Love it or hate it, at some point or another every in-house lawyer is going to be faced with some type of IP dispute.
Tagged with: April 30 2012 issue
Read More »With JOBS Act, Congress mandates major SEC reform
The president has signed a bill, overwhelmingly adopted by Congress, awkwardly entitled Jumpstart Our Business Start-ups Act (which, in case you have been living on Mars and have missed it, bears the unfortunate acronym JOBS Act). According to many economists, ...
Tagged with: April 30 2012 issue
Read More »Form I-9 and anti-discrimination compliance
Section 274A of the Immigration and Nationality Act, as amended, mandates that employers hire only U.S. citizens and aliens who are authorized to work in the United States. Employers must verify employee identity and eligibility by using the Employment Eligibility ...
Tagged with: April 30 2012 issue
Read More »The importance of thorough witness preparation
Developing effective witness testimony is a critical component of litigation strategy. Sometimes, however, a party to litigation overlooks the importance of careful and thorough witness preparation in readying for depositions or trial.
Tagged with: April 30 2012 issue
Read More »Communication with represented persons: Be a backseat driver
Imagine you are corporate counsel for a national real estate company that owns and operates malls. One of your malls has landed in litigation against a large tenant. The litigation has grinded its way through months of expensive battles and ...
Tagged with: April 30 2012 issue
Read More »Eight-year employment suit hinges on issue of detriment
The fallout from the firing of Henry C. Suominen Jr. has stretched across eight years, producing a lawsuit, a jury trial, an appeal and a second jury trial.
Tagged with: April 30 2012 issue
Read More »Plaintiffs face uphill battle for self-leave FMLA suits
State employees seeking to file suit under the Family and Medical Leave Act’s self-care provision face an unlikely future after a recent U.S. Supreme Court ruling.
Tagged with: April 30 2012 issue
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