New groundfish regulations applicable within the federal waters off New England’s coast are valid and enforceable, as the Secretary of Commerce’s “judgments here were derived from the record, rational, and not based on any error of law.” Lovgren, et al. ...

Tagged with: February 28 2013 issue

Last November, the U.S. Supreme Court justices spent the morning listening to two important class action cases that may offer the opportunity for the court to impose stricter standards for the certification of class actions.

Tagged with: February 28 2013 issue

The National Labor Relations Board recently ruled that an employer committed an unfair labor practice — or ULP — by failing to respond “in a reasonably timely manner” to a union information request concerning bargaining-unit employees, even though the information ...

Tagged with: February 28 2013 issue

What should director minutes say and how detailed should they be? It likely depends on the maturity of the company, the personality of its management, and the input of its lawyers.

Tagged with: February 28 2013 issue

In a major milestone in the smartphone patent wars, a federal jury has found that Apple’s iPhone infringes on three patents with respect to the camera feature and the handling and rejection of calls.

Tagged with: February 28 2013 issue

A business consultant who was fired after a negative performance evaluation could sue her employer for gender discrimination based on evidence that a manager who had taken part in the evaluation process had previously engaged in allegedly sexist behavior toward ...

Tagged with: February 28 2013 issue

A nurse who was fired for insubordination after refusing to carry out an order she felt she could not handle while recovering from a serious injury could sue her employer for retaliation under the Americans with Disabilities Act, the 1st ...

Tagged with: February 28 2013 issue

It’s safe to say that Boston lawyer Joseph M. Makalusky ended 2012 on a high note. In late December, Makalusky’s client Mark Giddarie was awarded $18.5 million for his role as a whistleblower in a False Claims Act suit against ...

Tagged with: February 28 2013 issue

In its first full year, a federal whistleblower program that boosted the amount of awards to employees and others who report credible information about fraud and other securities violations spurred more than 3,000 tips and resulted in one five-figure payout.

Tagged with: February 28 2013 issue

A high-end manufacturer of luxury goods was not entitled to a preliminary injunction restricting the use of its trademarked name by an off-price retail chain, the 1st U.S. Circuit Court of Appeals has decided.

Tagged with: February 28 2013 issue