Clik here to view.
Cyber/Privacy Insurance: A Very Brief Primer
by Alan M. Reisch Practice Tips “If you don’t know where you are going, you might wind up someplace else.” — Attributed to Yogi Berra Massachusetts has one of the country’s most stringent statutory and...
View ArticleClik here to view.
Cyberattack Risk: Not Just For Personal Data
by Mark Szpak, Seth Harrington and Lindsey Sullivan Practice Tips In August, the United States Department of Justice (“DOJ”) and the Securities Exchange Commission (“SEC”) unsealed complaints alleging...
View ArticleClik here to view.
Foreword from the Editors
In our digital age, technology has brought attention to “privacy” in unprecedented ways. And privacy, although a term frequently used, has no set meaning. Ready electronic access to information, for...
View ArticleClik here to view.
Recent Amendments to the Superior Court Rules and Standing Orders
by Heather V. Baer Heads Up On January 1, 2016, a number of amendments to the Superior Court Rules went into effect. These amendments, which were approved by the Supreme Judicial Court, adopted new...
View ArticleClik here to view.
LearnedTreatise.com: The SJC Addresses the Use of Website Pages to Examine...
by David Kluft Case Focus Can Internet publications be reliable enough to qualify for the learned treatise exception to the hearsay rule? It is generally agreed that Wikipedia entries don’t make the...
View ArticleClik here to view.
A Practical Guide to MassHealth Estate Recovery
by Joseph Belza, Ingrid Schroffner and Matthew Taylor Legal Analysis Introduction Since 1993, Federal Law has required state Medicaid agencies to seek reimbursement from enrollees whenever...
View ArticleClik here to view.
The Rise of the On Demand Economy: The Tension between Current Employment...
by Nancy Cremins Heads Up Over the last several years, startups brought convenience to the masses by providing virtually anything on demand. Rides, groceries, takeout service, house cleaning, and more...
View ArticleClik here to view.
Raising the Bar on Sentencing Policy: The Massachusetts Sentencing Commission
by Hon. John T. Lu and Kevin Riley The Profession “Empower the Sentencing Commission to revisit the state’s approach to sentencing and sanctions”, this was one of several key criminal justice policy...
View ArticleClik here to view.
Watershed Changes to Eyewitness Identification Law in Massachusetts
by Scott P. Lopez and Lauren J. Weitzen Heads Up Over the past year, the Supreme Judicial Court (“SJC”) has fundamentally changed the law on the admissibility of eyewitness identifications in criminal...
View ArticleClik here to view.
Seeking Justice for the Erroneously Convicted: Assessing the First Decade of...
by David Hartnagel Legal Analysis By the late 1990s and early 2000s, due to increased use of DNA and other scientific evidence, and further scrutiny of eyewitness identification, the number of criminal...
View ArticleClik here to view.
The Impact of Recent Revisions of the Massachusetts Rules of Professional...
by Martin J. Newhouse and Jeffrey D. Woolf Heads Up The recent revisions by the Massachusetts Supreme Judicial Court (SJC) to the Massachusetts Rules of Professional Conduct effective July 1, 2015...
View ArticleClik here to view.
The Federal Judicial Selection Process
by Judge Allison D. Burroughs Voice of the Judiciary As the most newly-minted judge in the Federal District of Massachusetts, I have been asked to reflect on my experience through the selection process...
View ArticleClik here to view.
Helping to Create the “Practice Ready” Lawyer
by BBA President Lisa Arrowood President’s Page In late 2015, I had the honor of speaking at one of the several swearing in ceremonies for new lawyers in Faneuil Hall. It’s one of the things I enjoy...
View ArticleClik here to view.
Subpoenaing Third Parties in Proceedings before the Massachusetts Securities...
by Thomas Sutcliffe Practice Tips The Massachusetts Securities Division (“Division”) is the state agency entrusted with protecting investors. And the scope of its power is considerable, ranging from...
View ArticleClik here to view.
The Tip of the Iceberg: Daily Fantasy Sports as a Harbinger of Future...
by Hon. James F. McHugh (Ret.) and Justin G. Stempeck Legal Analysis In the fall of 2015, as professional football fans drew up their chairs, turned on their television sets and began another season...
View ArticleClik here to view.
Zoning for Medical Marijuana: Approaches & Considerations
by Lisa L. Mead and Adam J. Costa Heads Up On November 6, 2012, Massachusetts voters overwhelmingly approved a ballot initiative legalizing the use of marijuana by qualifying patients who have been...
View ArticleClik here to view.
Federal and Massachusetts Exemptions for Securities Crowdfunding
by John D. Hancock Legal Analysis Companies in Massachusetts have two new methods to conduct smaller securities offerings: crowdfunding under a federal regulation adopted in October 2015 and...
View ArticleClik here to view.
Proportionality Emphasized In Amendments To The Federal Rules Of Civil Procedure
by Immanuel R. Foster Heads Up Significant amendments to the Federal Rules of Civil Procedure became effective on December 1, 2015. The amendments modify Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55,...
View ArticleClik here to view.
The Impact of Recent Revisions to Fed. R. Civ. P. 37(e) — Electronic Spoliation
by Elizabeth Bresnahan Heads Up The amendments to the Federal Rules of Civil Procedure, effective December 1, 2015, include significant changes to Rule 37(e) concerning spoliation of electronic...
View ArticleClik here to view.
The 2016 Massachusetts Code of Judicial Conduct: Judicial Engagement with the...
by Hon. Cynthia Cohen and Barbara F. Berenson Heads Up In October 2015, the Justices of the Supreme Judicial Court (“SJC”) adopted a new Massachusetts Code of Judicial Conduct, effective January 1,...
View Article