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Amendments to Mass. Rules of Civil Procedure Address E-Discovery
by Stephany Collamore Heads Up Litigants in state court cases have been obtaining discovery of Electronically Stored Information, or “ESI,” for quite some time. The broad scope of discovery permitted...
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Litigating an SEC Administrative Proceeding
by Luke T. Cadigan Practice Tips Under its new Chair, Mary Jo White, the U.S. Securities and Exchange Commission (the “SEC”) has undertaken a more aggressive approach to enforcement, utilizing numerous...
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Facilitating the “Fresh Start”: Representing Pro Bono Bankruptcy Debtors...
by Meg McKenzie Feist and Megan B. Felter The Profession Our potential client is visibly nervous as we show her to the conference room where we will hold an initial meeting to discuss her financial...
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Judging Judges
by Chief Justice Paula Carey and Judge Janet Sanders Voice of the Judiciary You open your email and there it is – a special invitation from the Supreme Judicial Court. You have been chosen to evaluate...
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Lessons Learned from the Trenches: A Roadmap for Successfully Navigating a...
by Heather Egan Sussman and Sabrina E. Dunlap Practice Tips Data breaches dominate world news, with retailers reporting incidents affecting millions of customers. Representing a company facing a...
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Any Calls, Texts, or Photos May Be Used Against You: Warrantless Cell Phone...
by Gerard T. Leone, Linn Foster Freedman, and Kathryn M. Sylvia Legal Analysis The world envisioned by the Supreme Court in Chimel v. California, 395 U.S. 752 (1969) – one where physical objects such...
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SJC Holds That “Modern Rule” on Easements Applies to Registered Land
by Donald R. Pinto, Jr. Case Focus In its recent decision in Martin v. Simmons Properties, LLC, 467 Mass. 1 (2014), the Supreme Judicial Court (“SJC”) held that the rule it adopted in its landmark...
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Disaster Relief: The One Fund Boston Model
by Susan L. Abbott and Lisa A.H. McChesney Viewpoint The authors express their appreciation to the many others at Goodwin Procter who were part of the One Fund team, and in particular for the...
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The Boston Marathon Bombing One Year Later: Insurance Coverage for Business...
by Jon C. Cowen and Rosanna Sattler Viewpoint One year after the Boston Marathon bombing, most retailers, hotels, and restaurants in the Back Bay have returned to normal business operations. Many...
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Pro Bono Experience: Boston Marathon Bombing Victim
by Shannon Capone Kirk Viewpoint On April 15, 2013, I was thankfully in Palm Springs with my family for a wedding. I say “thankfully” because my husband is an ultra-marathoner. He’d wanted to do the...
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The Boston Bar Association’s Marathon Assistance Project: One Year Later
by David S. Clancy, Christopher G. Clark, and Emily Jennings Viewpoint Nearly one year ago, the Boston Bar Association (BBA) launched its Marathon Assistance Project to match volunteer lawyers with...
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(Not) Wired: Electronic Coverage in the Federal Courts
by Judge Nancy Gertner (Ret.) Viewpoint I supported electronic coverage of court proceedings throughout my career, both as a lawyer — when I tried high profile cases in state court with camera coverage...
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What’s Old Becomes New: Regulating the Sharing Economy
by Molly Cohen and Corey Zehngebot Heads Up The Sharing Economy: An old concept made new through the internet-based sharing of underutilized space, skills, and stuff for monetary and non-monetary...
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Reflections of a Former FISA Judge
by Judge Nathaniel M. Gorton Voice of the Judiciary At the time I was appointed to the Foreign Intelligence Surveillance Court (“the FISA Court”) by the late Chief Justice William Rehnquist in...
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Striving for Clarity in Purchase Price Adjustment Dispute Resolution
by Alexander J. Aber and Matthew E. Miller Heads Up The marketplace for acquisitions of Massachusetts-based, privately-owned companies is active. Many such transactions will be executed through...
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Smokers, Dealers and Growers: The Supreme Judicial Court Hashes Out the...
by Joseph N. Schneiderman Legal Analysis Introduction In November 2008, the people of the Commonwealth passed a Ballot Initiative decriminalizing simple possession of one ounce or less of marijuana.[1]...
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Foreclosure in the Aftermath of Securitization
by Thomas O. Moriarty Legal Analysis The creation and subsequent collapse of mortgage-backed securities had far reaching impacts on both the housing and stock markets. Not coincidentally, as reflected...
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When Is Hacking A Crime? Potential Revisions to the CFAA
by Allison D. Burroughs, Benjamin L. Mack, and Heather B. Repicky Viewpoint In the wake of the much-publicized federal criminal prosecution and suicide of Aaron Swartz, the Computer Fraud and Abuse Act...
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The Scalpel or the Bludgeon? Twenty Years of Anti-SLAPP in Massachusetts
by David A. Kluft Legal Analysis This December will mark the twentieth anniversary of Chapter 231, Section 59H of the Massachusetts General Laws, commonly known as the Massachusetts anti-SLAPP statute....
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Serving on Judicial Response
by Judge Keith C. Long Voice of the Judiciary Near the top of the application for judgeships is an innocent-sounding question: “If appointed, will you accept assignments from time to time in other...
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