Trade secret law, which some say harkens back to Roman times, emerged in the United States in its modern form almost 200 years ago. See Vickery v. Welch, 36 Mass. 523 (1837).

Tagged with: Jan. 2011 issue

Massachusetts public charities such as health care organizations, schools, foundations and churches may decide to cease operation because of a variety of factors. In recent years, economic pressures, dwindling membership and/or deteriorating facilities each have played a role in industry ...

Tagged with: charities Jan. 2011 issue

You just received notice of a potential claim against your company. You immediately send out a litigation hold notice to all employees instructing them not to destroy any materials relating to the claim.

Tagged with: e-discovery Jan. 2011 issue

Aside from preventing outright theft, does corporate good governance matter? How do you measure good governance, anyway? For years, economists at Harvard University’s Olin Center for Law, Economics and Business have attempted to measure the impact of law on what ...

Tagged with: corporate good governance Jan. 2011 issue

Every New Year’s, we remind employers to review their employee handbooks and ensure that their personnel policies are up-to-date and legally compliant.

Tagged with: employee handbooks Employment policies Jan. 2011 issue

Massachusetts Superior Court judge has found that a plaintiff nursing home must pay attorneys’ fees and costs for filing a frivolous lawsuit, even though the underlying complaint was withdrawn before the judge reached a ruling on the defendant’s anti-SLAPP motion ...

Tagged with: frivolous lawsuit Jan. 2011 issue sanctions SLAPP

Civil litigators say a recent Massachusetts Appeals Court decision involving an $11 million personal injury judgment means plaintiffs are no longer required to prove causation and damages when making claims against insurance companies for failure to effectuate prompt settlement offers.

Tagged with: Jan. 2011 issue late settlement offer

For two years, employers have been waiting for federal regulators to clarify just what the Genetic Information Nondiscrimination Act means for them. Now that wait is over.

Tagged with: employment law Genetic Information Nondiscrimination Act Jan. 2011 issue

Workplace romances can be perilous in the best of circumstances. But when an employee is fired after his sweetie files a discrimination complaint against the company, can he sue for retaliation under Title VII?

Tagged with: employment law Jan. 2011 issue workplace relationship

Class-action lawsuits pitting privacy advocates against an industry built on buying and selling state motor vehicle records have resulted in contradictory rulings in federal courts across the country over the last few years.

Tagged with: Jan. 2011 issue selling motor vehicle records