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Be prepared for a first-to-file patent system

By Bruce D. Sunstein
POSTED: June 13, 2011
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With the passage of legislation by the U.S. Senate in March and approval by the House Judiciary Committee in April to send a similar bill to the House for a vote, changes to patent law are likely later this year.

Tips for managing transition to new outside counsel

By Margaret H. Paget and Debra Squires-Lee
POSTED: June 13, 2011
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The Massachusetts Supreme Judicial Court’s recent opinion in Global NAPs v. Awiszus (457 Mass. 489) has garnered wide attention across the bar, from employment attorneys to legal malpractice attorneys to in-house counsel.

Taking your non-compete agreement from good to great

By Stephen Riden
POSTED: June 13, 2011
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If your company is like many others, it has been using the same non-compete agreement for years with little or no changes. So far, there haven’t been any major problems and it seems to cover the bases: departing employees are not permitted to compete against your company for a specified period of time within an [...]

U.K. Bribery Act and its effect on U.S. companies

By Daniel J. Lyne and Ryan E. Ferch
POSTED: June 13, 2011
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After much anticipation, the United Kingdom Ministry of Justice recently issued its long-awaited Guidance for the Bribery Act of 2010. With the act set to take effect on July 1, the guidance provides some much needed instruction on the intended scope of the act and some suggested corporate processes to fulfill a covered company’s obligation [...]

Ethical perspective on internal, gov’t investigations

By DENIS M. KING AND GARY M. RONAN
POSTED: June 13, 2011
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What to do when the government comes calling is a topic of frequent discussion among both in-house and outside counsel. The need to respond appropriately to a government inquiry has taken on heightened significance given the recent prosecution of a GlaxoSmithKline lawyer in the U.S. District Court in Baltimore based upon actions taken during the [...]

Down the rabbit hole with the U.S. Supreme Court

By Stephen M. Honig
POSTED: June 13, 2011
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“I imagine that right now, you’re feeling a little bit like Alice. Hmm? Tumbling down the rabbit hole?”  — Morpheus to Neo in “The Matrix” On March 22, the U.S. Supreme Court rendered a unanimous decision in the case of Matrixx Initiatives Inc. v. Siracusano, defining “materiality” in securities fraud claims.

Denial of LTD benefits reversed by 1st Circuit

By THOMAS E. EGAN
POSTED: June 13, 2011
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An insurance company could not deny long-term disability benefits claimed by a policyholder who worked fewer hours after undergoing orthopedic surgery, the 1st U.S. Circuit Court of Appeals has decided.

Worker-classification enforcement on the rise

Employers scramble to stay ahead of audits

By CHRISTINA PAZZANESE
POSTED: June 13, 2011
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Employers that improperly treat workers as independent contractors are the target of stepped-up audit and enforcement efforts by the federal government.

Judge: shareholders owe no fiduciary duty

By PHILLIP BANTZ
POSTED: June 13, 2011
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Massachusetts Superior Court judge has determined that minority shareholders of Demoulas Super Markets Inc. can sell their stock to third parties even if doing so causes the corporation to lose its favorable tax status.

Supreme Court deals blow to consumer class actions

By Kimberly Atkins
POSTED: June 13, 2011
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Consumer class actions largely could be a thing of the past in New England and across the country as a result of a U.S. Supreme Court ruling that gives companies broad authority to compel consumers to arbitrate their disputes individually.

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