New England In-House

Disputes among co-venturers and shareholders in closely held entities continue to be a common source of litigation. This article will highlight significant developments in Massachusetts caselaw, including the importance of an entity’s governing documents in determining liability and remedies. Duty ...

Tagged with: Nov. 30 2011 issue

This spring, in BFI v. Casella Waste Management, 79 Mass. App. Ct. 300, the court gave in-house lawyers even more reason to be concerned about pursuing summary judgment on contract claims in Massachusetts when it affirmed the trial court’s decision to create from whole cloth an entirely new provision and engraft it onto a thoroughly negotiated contract.

Tagged with: Nov. 30 2011 issue

On Sept. 16, the America Invents Act of 2011 was signed into law, ushering in one of the most dramatic changes to U.S. patent law in recent memory.

Tagged with: Nov. 30 2011 issue

If you want something done right, get someone else to do it. That seems to be the federal government’s mantra of late with respect to enforcement of the securities laws.

Tagged with: Sept. 2011 issue

Another article about alternative fee arrangements? Actually, no.

Tagged with: Sept. 2011 issue

In Lou v. Otis Elevator Co., 77 Mass. App. Ct. 571 (2010), the Appeals Court in Massachusetts held that a trademark licensor who participates substantially in the design, manufacture or distribution of a licensee’s products may be held strictly liable ...

Tagged with: Sept. 2011 issue

Almost two years have passed since Congress amended the Americans with Disabilities Act, lowering the criteria to establish disability status in response to cramped judicial interpretations of the ADA.

Tagged with: Sept. 2011 issue

The U.S. Supreme Court has ruled that mere oral complaints of alleged violations of the Fair Labor Standards Act may trigger the FLSA’s protections against retaliation.

Tagged with: Sept. 2011 issue

In the past year, the media have devoted much attention to cases in which an employer disciplined an employee for making negative comments about the workplace through Twitter, blogs and social networking sites.

Tagged with: Sept. 2011 issue

In a novel effort to support the provision of pro bono legal services by in-house counsel, the Massachusetts Access to Justice Commission, co-chaired by Justice Ralph D. Gants and David W. Rosenberg, convened the In-House Counsel Pro Bono Forum at ...

Tagged with: Sept. 2011 issue