Tag Archives: Nov. 2010 issue

Dangers for counsel in Dodd-Frank whistleblower provision

January 19, 2011 Comments Off on Dangers for counsel in Dodd-Frank whistleblower provision

“Why should a man walk around with a pistol, and then let himself be insulted? That’s mighty strange.” The Man With No Name, Clint Eastwood’s iconic bounty hunter, pondered the question of why an armed person should not profit from ...

Tagged with: Nov. 2010 issue

Court again takes on issue of employee privacy rights

January 18, 2011 Comments Off on Court again takes on issue of employee privacy rights

Defining exactly what, if any, right to privacy employees enjoy is something the U.S. Supreme Court has been hesitant to do.

Tagged with: Nov. 2010 issue

Shared-office arrangement leads to harassment claim

January 18, 2011 Comments Off on Shared-office arrangement leads to harassment claim

An employee who had to share a small office with a supervisor who allegedly refused to respect her personal space could later sue the supervisor for creating a hostile work environment, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Nov. 2010 issue

Accidental ‘reply all’ e-mail is privileged document

January 18, 2011 Comments Off on Accidental ‘reply all’ e-mail is privileged document

Massachusetts Superior Court judge in the Business Litigation Session has found that a damaging e-mail a defendant inadvertently forwarded to opposing counsel was privileged and should therefore be stricken from the case.

Tagged with: Nov. 2010 issue

Enforcement power of MCAD at stake in bias case

January 18, 2011 Comments Off on Enforcement power of MCAD at stake in bias case

The Massachusetts Supreme Judicial Court is slated to decide whether employers can use arbitration provisions in hiring contracts to prevent employees from filing bias claims with the Massachusetts Commission Against Discrimination and the U.S. Equal Employment Opportunity Commission.

Tagged with: Nov. 2010 issue

Supreme Court mulls ‘cat’s paw’ discrimination case

January 18, 2011 Comments Off on Supreme Court mulls ‘cat’s paw’ discrimination case

In the 17th century, writer Jean de La Fontaine penned a fable about a clever monkey who persuaded a cat to fetch chestnuts from a hot fire. The cat’s paws got burned, but the monkey got what he wanted: fresh ...

Tagged with: Nov. 2010 issue

Court: ‘evergreen’ clause in CBA can’t be enforced

January 18, 2011 Comments Off on Court: ‘evergreen’ clause in CBA can’t be enforced

By Christina Pazzanese and Thomas E. Egan The parties to a municipal collective bargaining agreement could not include an “evergreen” clause purporting to continue the terms of the CBA during the period of negotiations for a successor agreement, the Massachusetts Supreme ...

Tagged with: Nov. 2010 issue

Bullying in the workplace: risks and tips for employers

December 30, 2010 Comments Off on Bullying in the workplace: risks and tips for employers

Employers should be focused on minimizing the risk of bullying in the workplace. While bullying at schools is getting an enormous amount of attention, there are real legal and practical risks to allowing bullies to roam the workplace.

Tagged with: bullying Nov. 2010 issue

E-discovery decision provides lessons about sanctions for spoilation

December 28, 2010 Comments Off on E-discovery decision provides lessons about sanctions for spoilation

A recent e-discovery decision provides important lessons for lawyers and companies about spoliation sanctions.

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Future of non-compete legislation up in the air

December 28, 2010 Comments Off on Future of non-compete legislation up in the air

A controversial non-compete bill that was gaining considerable steam in Massachusetts after it advanced out of a House committee last session was quietly dropped from the state’s recently enacted economic development law.

Tagged with: Nov. 2010 issue