Where a debtor filed an adversary proceeding in which he asserted a right to rescind a loan agreement on the ground that the disclosures made at closing did not comply with the Massachusetts Consumer Credit Cost Disclosure Act (the commonwealth’s ...

Tagged with: Jan. 30 2012 issue

On the somewhat arcane topic of paying non-exempt employees under the federal Fair Labor Standards Act’s “fluctuating workweek” method, there have been some significant developments in 2011.

Tagged with: Jan. 30 2012 issue

It is no secret that in-house counsel are bringing more work in-house while also handling more international legal work. At the intersection of that trend dwells the risk that in-house counsel will rely on the attorney-client privilege in communicating with ...

Tagged with: Jan. 30 2012 issue

The huge scope of the Dodd-Frank Act poses an enormous problem for the Securities and Exchange Commission: How, in the midst of everything else, can the SEC perform the various functions assigned to it by Congress?

Tagged with: Jan. 30 2012 issue

A Massachusetts resident who was injured when his ski binding broke on a mountain in Utah could bring a products-liability suit in the commonwealth against the French company that made the binding, a Superior Court judge has ruled.

Tagged with: Jan. 30 2012 issue

At recent oral arguments, the justices of the U.S. Supreme Court tried to determine whether emotional distress constitutes “actual damages” under the federal Privacy Act. Their decision on the issue will determine whether a pilot can sue government agencies for ...

Tagged with: Jan. 30 2012 issue

Although an accusation of workplace discrimination can do serious damage to a company’s reputation, the claim that an employer illegally retaliated against a former employee can really cost it in the courtroom.

Tagged with: Jan. 30 2012 issue

A plan administrator could not terminate an employee’s long-term disability benefits despite covert surveillance video showing the employee driving, walking, jogging, bending over, flying a kite and lifting her 3-year-old child, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Jan. 30 2012 issue

A recent decision from the Federal Circuit may make it easier for suits against companies incorporated in Delaware to be transferred outside the state.

Tagged with: Jan. 30 2012 issue

Click here to view a follow-up story, “Vindication for (H)all,” from the November 2012 issue of New England In-House. The law firm of Choate, Hall & Stewart is accustomed to putting up a good fight from the counsel table in Boston’s ...

Tagged with: Jan. 30 2012 issue