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Litigation & Employment
How the Recent NLRB Decision Affects Your Severance Agreements
On February 21, 2023, the National Labor Relations Board (“NLRB” or the “Board”) ruled that the proffer of broad confidentiality and non- disparagement provisions in severance agreements violates the National …
Gesmer Lawyers Quoted in Massachusetts Lawyers Weekly
Michael Brier and Kevin Peters were quoted in an article in the Massachusetts Lawyers Weekly about MA Tenants’ Rights.
You can read the article here.
Should Chapter 93A § 11 Claims Be Tried to Juries
Superior Court Business Litigation Session published an opinion this afternoon in the matter of Governo Law Firm LLC v. CMBG3 LLC that is interesting in several respects.
The Federal Trade Commission Puts Companies That Abuse Noncompetes On Notice
The Federal Trade Commission would like to preempt state law and make most noncompetes illegal as a matter of nationwide federal law. In January it began a rulemaking toward that …
Spoliation
You own a business and have a document retention policy pursuant to which documents are deleted periodically. Somewhere in the wind that always surrounds your business is the prattle of discontent …
Section 230 Supreme Court Argument in Gonzalez v. Google: Keep An Eye on Justice Thomas
Read Lee‘s full article at MassLawBlog.
Massachusetts Law Dramatically Changes Non-Competition Rules
The Massachusetts Legislature has attempted to pass legislation regulating noncompete agreements every year since 2009. This year, it finally succeeded. The new law, which will take effect on October 1, …
Will Your Non-Compete Agreements With Employees Become Illegal?
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking – Non-Compete Clause Rulemaking (the “Notice”) – that proposes a federal rule prohibiting the use …
The FTC: Non-Compete Agreements Must Go
Read Lee‘s full article at MassLawBlog.
Lanier v. Harvard: “Do The Right Thing”
Go to MassLawBlog to read Lee‘s full article.
Supreme Court Will Decide Whether Google’s Algorithm-Based Recommendations are Protected Under Section 230
Have you noticed that when you perform a search on Youtube you start seeing links to similar content? If you search for John Coltrane, Youtube will serve up links to …
Important Wage Act Update
The Massachusetts Wage Act, M.G.L. c. 149, §148, is a particularly punitive statute for Massachusetts employers – entitling employees who are not timely paid their wages to three times the …
Can My Massachusetts Employer Require Me to Get the COVID-19 Vaccination?
By McKenna Heath
Since our previous article from August 2021, employers have more frequently established and enforced mandatory COVID-19 vaccination policies. Employers have the discretion to implement mandatory vaccination policies …
Is My New Hire an Independent Contractor?
some workers are classified as “independent contractors” and are not entitled to all of the statutory protections and requirements applicable to employees.