I. Introduction In Handal v. Innovative Industrial Properties, Inc., No. 24-cv-28289, 2025 U.S. App. LEXIS 26763, 2025 WL 2922871, (3d Cir. Oct. 15, 2025), the United States Court of Appeals for the Third Circuit (the “Court”) reaffirmed what constitutes misleading statements actionable under Section 10(b) of the Securities Exchange Act of 1934 (Section 10(b)) and […]
On April 23, 2025 (the “Effective Date”), President Trump issued an executive order entitled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) concerning the disparate impact liability that has been employed in discrimination enforcement actions and lawsuits. Disparate impact involves imposing a theory of discrimination liability when a practice, neutral on its face (and no intent […]
As an employer in Massachusetts, it’s important to understand the Massachusetts wage law and hour laws. Massachusetts has strict regulations governing the payment of wages and ensuring compliance with the Massachusetts Wage Act, including wage act claims related to unpaid compensation and commissions. Timely Payment of Wages Under Wage Law Under the Massachusetts Wage Law (“Wage […]
There are many reasons an organization may consider implementing a code of conduct in the workplace. Some companies are subject to regulations that make it a requirement, but good codes of conduct are more than just a compliance tool; they can also be a cornerstone of a positive and productive workplace culture. For organizations of […]
Limited liability companies have become an increasingly common form of business organization, primarily because of ease of management. They are also easy to form: most states do not even require a written operating agreement. Many entrepreneurs may find that they are just too busy to hash out an operating agreement – or are tempted to […]
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 Labor Relations Act (“NLRA”). The decision is effective immediately and applies to existing severance agreements.
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 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 amount owed plus reimbursement of attorney’s fees accrued in pursuing their claim. With a recent decision of the Supreme Judicial Court – Reuter v. Methuen […]
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 for their employees. Certain employees, however, must be vaccinated under Massachusetts law. Massachusetts requires mandatory COVID-19 vaccination for certain employees, such as those who work in: To reach […]
some workers are classified as “independent contractors” and are not entitled to all of the statutory protections and requirements applicable to employees.
We find that clients are often aware of how to use patents, trademarks and copyrights to protect their intellectual property. However, they seem less confident about how to utilize trade secret law and how it might benefit them. Trade secrets can be a powerful tool and this form of IP protection should always be considered as part of a company’s “IP arsenal.”
Peter Lee, a Board Member at Attivio, explains how they have pioneered a way to bring contextual relevance to any kind of information search, which has allowed Attivio to be recognized by Gartner and Forrester as one of the leaders in the information search space. The development of Attivio garnered the attention of ServiceNow, which acquired Attivio back in October of 2019. It’s now being fully incorporated into the ServiceNow suite of products so that as customers come into the workflow, they’re able to see everything associated with the customer records.
The short answer is yes. The 2018 change in Massachusetts’ noncompetition laws leveled the playing field for employees, but employers should not abandon this important tool for protecting trade secrets and proprietary information when appropriate.
as at a party a few years back and struck up a conversation with the general counsel of a medium-sized privately held company. The discussion eventually turned to my practice: “litigator” I replied. This often inspires a step back – I mean that literally. This GC had one of the best responses I’d ever heard, and I’ve heard my fair share. “I know I need a litigator the way I’ll know I need an oncologist – something really bad has happened.” I smiled at that. There are few things I like more than a quick wit, and this GC had it. But she got me thinking (occupational hazard).
Employers are not prevented from requiring all employees physically entering the workplace to be vaccinated for COVID-19. It is important to note, that the COVID-19 vaccinations are currently being manufactured and administered under an “Emergency Use Authorization” which is not the same as a full vaccine licensure. Therefore, the general approach to vaccination mandates for COVID-19 are seen differently than mandates for other vaccinations.