In what it noted was a “close call,” the 1st U.S. Circuit Court of Appeals ruled that it did not offend the Due Process Clause of the Constitution to exercise specific personal jurisdiction against a German corporation that derived income ...
Read More »Doctrine doesn’t spare college’s auditor
A college whose financial aid director committed fraud could sue its auditor under the doctrine of in pari delicto, the Massachusetts Supreme Judicial Court has ruled, finding that because the employee was not a member of senior management, her conduct ...
Read More »Independent entity’s medical billing data ruled inadmissible
Trial judges did not err in declining to admit medical billing data compiled by the independent nonprofit FAIR Health under two arguably applicable exceptions to the hearsay rule, separate District Court Appellate Division panels in the Northern and Southern districts ...
Read More »Board denied benefit of business judgment rule
The business judgment rule did not shield a company board’s vote not to pursue a derivative suit demanded by a shareholder as there was evidence that the vote was not taken in good faith, a judge in the Business Litigation ...
Tagged with: business litigation Judge Kaplan Mitchell H. Kaplan Mitchell Kaplan
Read More »Judge: unpaid wages not ‘constructive discharge’
In the absence of discriminatory or retaliatory motivation on the employer’s part, an at-will employee who resigns due to the non-payment of wages is not entitled to assert a claim of constructive discharge, a Superior Court judge in Massachusetts has ...
Tagged with: Gavin Reardon J. Gavin Reardon Jr. judge reardon massachusetts subway superior court unpaid wages
Read More »PODCAST: The Equifax breach: How bad is it, and how should you respond?
Given that 143 million Americans were reportedly affected, odds are good that you or at least someone you know was impacted by the data breach of the credit reporting agency Equifax, which was reported several weeks after the company learned about it. ...
Read More »Duty of LLC’s attorneys reaches non-client minority
The Massachusetts Appeals Court has found that lawyers for a limited liability company could be sued for breaching a fiduciary duty to the LLC’s minority members despite the lack of an attorney-client relationship. Counsel for the LLC were accused of ...
Read More »PODCAST: Microchipping employees arrives at U.S. workplaces
If your employer came to you and asked whether you wanted to have a microchip the size of a grain of rice implanted under your skin to help you access your building or pay for items at the lunch counter ...
Read More »Company acquisition leads to non-compete confusion
Whether an acquiring company will be able to enforce an employee non-compete agreement entered into by its predecessor will have everything to do with how its acquisition is structured, a pair of recent decisions by a judge in the Massachusetts ...
Read More »In-House with … Regina R. Gerrick of J.C. Cannistraro
If you think Regina R. Gerrick is daunted by the prospect of walking into Boston’s largest mechanical construction firm and building up from scratch its one-woman legal department, you don’t know Gerrick. Gerrick grew up on the small Caribbean island ...
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