Last month, one defendant's application to vacate a med-arb award brought about two important developments in ADR case law in Massachusetts. In Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2019 WL 1437826 (March 30, 2019) ("Spruce v....
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Does The Wage Act Apply To Employment In A Foreign Country?
The answer is: it depends. A Superior Court recently addressed that issue in Lockley v. Studentcity.com (Suffolk Superior Court, No.201801293-BLS2). Ms. Lockley, a resident of Colorado, brought a putative class action lawsuit alleging violation of the Wage Act...
Business Litigation Session Holds That Memorized Information Derived From Employment Can Violate Confidential Information And Non-Solicitation Clauses
In a novel recent decision, the Business Litigation Session of the Superior Court of Massachusetts held that a financial consultant who had left his job and then allegedly prepared a list of his old firm's clients entirely from memory on his first day with his new...
What Happens if Nothing is Happening in my Divorce Case?
Although it may be difficult to imagine for someone going through the difficult process of a divorce, on occasion divorce cases can linger for months, if not years, with little to no activity on the docket. The parties may have filed divorce papers, but never got...
Top Five Reasons to Include International Arbitration Provisions in Cross-Border Contracts
In our modern, globally interconnected world companies from different nations frequently enter into business agreements with one another. While such joint ventures can create exciting opportunities, they can also run into challenges, or sour altogether. Thus, it is...
What Qualifies As An Educational Use Under The Dover Amendment?
The Superior Court of Massachusetts recently annulled the decision of a local zoning board that had permitted construction of an outdoor aerial adventure park pursuant to what is commonly referred to as the "Dover Amendment" - i.e., G.L. c. 40A, § 3. In Sullivan v....
SJC Expands What Constitutes an Adverse Employment Action for Employment Discrimination
The Massachusetts Supreme Judicial Court (the "SJC") recently held that an employer's failure to approve a lateral transfer request of an employee can qualify as an adverse employment action in the context of employment discrimination. In Yee v. Massachusetts State...
Handling your First International Arbitration
It was bound to happen eventually. Maybe your company just went global or maybe they've been working internationally for years. But eventually, whether through some mistake in translation in an international contract, some global or local change in circumstances, or...
Alimony based on “bonus income” is not available when income is determined to be payment for stock options
In a recent summary decision, a panel of the Massachusetts Appeals Court considered whether or not certain payments that a former husband received in addition to his base salary constituted "bonus income," of which husband would then be obligated to pay his former...
SJC Approves Counsel’s Fees In Settlement of Wage Act Claim
In a recently decided case, the Supreme Judicial Court held that two employees who asserted claims under the Massachusetts Wage Act, G.L. c. 149, §§148 and 150, were entitled to recover attorneys' fees from their former employer where the parties had entered into a...
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