While millions of Americans have become adept at managing their social network privacy settings to keep their postings hidden from the general public, individuals and companies involved in litigation should not expect those settings to shield information from...
Blog
Subcontractors Beware: General Contract’s Fine Print May Govern Your Contract Too.
The Supreme Judicial Court recently exhorted subcontractors to make sure they know the terms of general contracts before agreeing to import them in a wholesale fashion into their own subcontract. The SJC's recent decision in Costa v. Brait Builders Corp., 463 Mass. 65...
Supreme Court’s Decision Partial Victory for Obama
On the last week of the current term, the Supreme Court announced its decision in the watershed case of Arizona v. United States, granting the Obama administration a partial victory over the state of Arizona and its efforts to expand the enforcement of undocumented...
Split Over Enforceability of Unsigned International Arbitration Agreements
Arbitration clauses international contracts have become increasingly common. Many global companies include arbitration provisions in their standard, pre-printed documents, such as estimates, purchase orders, and invoices. Are these arbitration clauses effective...
The When of Mediating a Complex Business Dispute
Increasingly the question regarding mediation of a complex business litigation case is not whether but when. Among experienced litigation counsel, there is widespread agreement that mediation should be attempted in many if not most cases. The resources of time and...
Automatic Restraining Order upon filing a Complaint for Divorce
Upon the filing a Complaint for Divorce, the spouse initiating the divorce action, the plaintiff, becomes subject to the Automatic Restraining Order under Massachusetts Supplemental Probate and Family Court Rule 411. The spouse, who must respond to the plaintiff's...
Prospective Effect of Eaton Should Chill Litigation In ‘Unity of Note and Mortgage’ Cases
The Supreme Judicial Court's ("SJC's") self-imposed limitation on applicability of Eaton v. Federal National Mortgage Association, 462 Mass. 569 (2012) should reduce to a trickle the once-steady stream of foreclosure-related claims asserting that a mortgagee must hold...
When the Hague Service Convention Fails: Service by Newspaper?
According to a report in the Wall Street Journal, the U.S. Securities and Exchange Commission has received permission from a federal judge to serve summonses on four former Siemens AG executives by publishing the summonses in the International Herald Tribune and...
Is It Possible To Recover Attorney’s Fees in a Business Dispute?
Your company has been wronged. A vendor failed to deliver as promised causing lost sales. A customer has failed to pay for services rendered. A construction contractor's shoddy workmanship resulted in leaks and damage in your company warehouse. The defendant will not...
Divorce Considerations for Business Owners and their Spouses
Business owners and their spouses involved in a pending divorce should consider various issues specifically related to business ownership. Here are a few of such considerations: 1. The Automatic Restraining Order under Massachusetts Supplemental Probate and Family...
Sign Up for the Fitch Briefs
Fitch Law Partners LLP reports news and insights on complex litigation topics. Clients, colleagues and friends may receive The Fitch Briefs by signing up here.