• New Massachusetts Non-Competition Agreement Law

    September 18, 2018

    Effective October 1, 2018, Massachusetts will have a new statute regulating employers' enforcement of non-competition agreements. This article briefly summarizes key provisions of this new law, which applies to agreements entered into on or after its effective date. Summary of Statute Most notably, the statute requires that employee...

  • Thoughts on Consumer Arbitration

    December 7, 2017

    Recently Congress voted to disapprove the Consumer Financial Protection Bureau's Arbitration Agreements Rule, which would have prohibited agreements to arbitrate in certain consumer financial contracts that bar consumers from...

  • Corporate counsel’s duties after ‘Baker v. WilmerHale’

    October 5, 2017

    Most attorneys representing closely held companies in Massachusetts likely took note of the recent decision in Baker, et al. v. Wilmer Cutler Pickering Hale and Dorr LLP, et al., in which the Appeals Court allowed the non-client minority members of an LLC to pursue breach-of-fiduciary-duty claims against the company’s counsel. The...

  • Attorney Andrea MacIver writes how DraftKings and FanDuel are changing how we do business.

    April 26, 2017

    Attorney Andrea MacIver wrote "SHOOT NOW, ASK QUESTIONS LATER: HOW TECHNOLOGY-BASED STARTUPS DRAFTKINGS AND FANDUEL ARE CHANGING THE WAY WE DO BUSINESS" for the Quinnipiac Law Review, Vol. 35, Rev. 217. I. INTRODUCTION “We were really focused on how to get a business started, how to raise capital, how to find an office. We weren't thinking...

  • Summary of panel “Reassessing Arbitration in 2016: Making It Work for Business”

    November 22, 2016

    Attorney David Evans participated as part of a panel of experienced arbitrators, advocates and inside counsel discussing arbitration in 2016 and focusing on (a) real world experience and data regarding litigation and arbitration time tables and costs; (b) when arbitration makes sense and when it might not; and (c) a detailed overview of the most...

  • Atlantic Marine Three Years On—The Survival of Rule 12(b)(6) in Enforcing Forum-Selection Clauses

    November 3, 2016

    Almost three years ago now, the Supreme Court decided Atlantic Marine Construction Company v. U.S. District Court for the Western District of Texas, 134 S. Ct. 568 (2013) and instructed both courts and litigants on the correct procedural and analytical framework for enforcing a contractual forum-selection clause. The Court held that: (1) the party...

  • Dan Dwyer Wins Permanent Injunction Against Gun Club In Plymouth County Superior Court.

    April 27, 2012

    On April 25, 2012, Daniel J. Dwyer won a permanent injunction for his clients, residents of Scituate living near the Scituate Rod and Gun Club, following a bench trial in Plymouth County Superior Court. Dan brought a suit for his clients against the Club seeking relief after bullets fired at the Club struck several houses over a period of years....

  • U.K. Bribery Act and its Effect on U.S. Companies

    May 1, 2011

    (Originally published in the May 2011 edition of New England In-House) After much anticipation, the United Kingdom Ministry of Justice recently issued its long-awaited Guidance for the Bribery Act of 2010. With the act set to take effect on July 1, the guidance provides some much needed instruction on the intended scope of the act and some...