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Mortgages – MCCCDA – Rescission

By New England In-House Staff
POSTED: January 24, 2012
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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 equivalent of the Truth in Lending Act), a judgment for the lender must be affirmed [...]

Recent developments in FLSA litigation

By William E. Hannum III
POSTED: January 24, 2012
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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.

How global is the attorney-client privilege?

By Richard J. Rosensweig and Brian P. Thurber
POSTED: January 24, 2012
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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 the company’s foreign operations, only to find that the privilege offers no protection.

Inconsistencies in Dodd-Frank implementation

By Stephen M. Honig
POSTED: January 24, 2012
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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?

Foreign manufacturer subject to lawsuit

Website a basis for personal jurisdiction

By Eric T. Berkman
POSTED: January 24, 2012
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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.

U.S. Supreme Court takes up HIV privacy case

By Kimberly Atkins
POSTED: January 24, 2012
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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 disclosing his HIV status.

Verdict reflects trend in employment disputes

Bar: retaliation claims easier to win than bias

By Kimberly Thorpe and David E. Frank
POSTED: January 24, 2012
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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.

Benefit denial not warranted by video

Showed employee flying kite, jogging

By DAVID E. FRANK
POSTED: January 24, 2012
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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.

Incorporation site doesn’t control litigation

By CORREY E. STEPHENSON
POSTED: January 24, 2012
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A recent decision from the Federal Circuit may make it easier for suits against companies incorporated in Delaware to be transferred outside the state.

$5M malpractice suit vs. Choate Hall heads to BLS

By New England In-House Staff
POSTED: January 24, 2012
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The law firm of Choate, Hall & Stewart is accustomed to putting up a good fight from the counsel table in Boston’s Business Litigation Session.

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