States are Busy on the Cyber Front
2/19/20
By: Amy C. Bender
2020 is off to a busy start, with several states taking action on cybersecurity legislation and issuing other legal updates. Highlights include:
California – California’s Attorney General has issued revised proposed regulations regarding the California Consumer …
What Should an Attorney Do If Attorney Has Mistakenly Produced a Privileged Document Under Massachusetts Law?
2/14/20
By: Adrianna Michalska
In the event that an attorney has mistakenly produced a privileged document in discovery, Massachusetts Rule of Civil Procedure 26(b)(5)(B) requires that he give prompt notice to the party receiving the document and takes reasonable steps to …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …
Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
1/9/20
By: Tom McCraw
The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. c. 260, § 2B) did not bar a homeowner’s insurer’s subrogation claim against a gas company for damages caused by the company’s failure to …
The Courtroom Sins of Your Attorney: Punishable?
12/9/19
By: Thomas Hay
Two recent Massachusetts cases: Wahlstrom v. IPA IV Management Company, Inc., et al., and Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York, Inc., et al., were granted motions for a new trial following a …
KPMG Owes No Damages to College For Not Detecting Student Loan Fraud Scheme
11/22/19
By: Nancy Reimer
After a three-week trial, a Massachusetts jury held on November 19, 2019 that “big four” accounting firm, KPMG LLC, owed no damages to Merrimack College even though it was negligent and did not detect a former Merrimack …
Court of Appeals clarifies “Your Work” Exclusion in CGL
10/30/19
By: Robert Bazzo
A frequently litigated issue in the commercial general liability (CGL) policy is the extent and limits of the coverage for contractors under the definition of “Your Work” and related exclusions. Under the insurance laws in most states, …
Consent-to-Settle Clauses Under Review in Massachusetts
9/30/19
By: David Slocum
Earlier this month, the Massachusetts Supreme Judicial Court (the SJC), the state’s highest court, heard oral argument in a case which presents the question whether consent-to-settle clauses typical to most professional malpractice insurance policies should be deemed …
Saporous Naming Rights Protected
9/10/19
By: William Gildea
The Business Litigation Session of the Massachusetts Superior Court recently granted the prior owner of the registered trademark “Zuma” a preliminary injunction against a transferee’s decision to open a restaurant in Boston named “Zuma Boston.” B.B. Kitchen, …
In Attorney Malpractice Suit Alleging “Negligent Settlement,” Massachusetts Appeals Court Holds No Expert Testimony Is Needed to Show “Fair Settlement Value” of the Underlying Claim
7/10/19
By: Ben Dunlap
The Massachusetts Appeals Court recently addressed the requirements for expert testimony in an attorney malpractice suit, concluding lack of an expert opinion on “fair settlement value” was not fatal to the plaintiff’s case.
Marston v. Orlando, …
About Accounting Malpractice
7/9/19
By: Eric Martignetti
Today, Massachusetts’ highest court did away with an important defense for an accountant who faces a claim of accounting malpractice brought by a client who has committed fraud. In Chelsea Housing Authority v. Michael E. McLaughlin et …
Employers Beware: Payroll Mistakes Are Costly and Self-Audits Will Help Minimize Risk
7/1/19
By: Janet Barringer
A six-figure fine recently imposed on an employer by the Massachusetts Attorney General’s Office for wage & hour violation is an eye-opener for a few reasons. First, the financial penalty underscores employers must regularly examine their payroll …