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Motions to Unseal in Class Actions: Balancing the Public Interest in Access...
by Ian McLoughlin Legal Analysis Class actions often involve matters of significant public interest, such as price-fixing or dangerous product defects. At the same time, class actions routinely involve...
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Massachusetts Takes a “Wait And See” Approach to Rule 26 Discovery Rule Changes
Unlike Federal Rules, The Recent Amendment To Rule 26 Of The Massachusetts Rules Of Civil Procedure Addresses Protective Orders Only by Nathalie K. Salomon Heads Up The Supreme Judicial Court (“SJC”)...
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Magazu and the Expansion of Agency Power
by Sandra E. Lundy Legal Analysis May a couple’s childrearing practices, which are not illegal and are deeply rooted in their sincere religious convictions, disqualify them from becoming foster and...
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A “New Way of Doing Business” Under the Public Records Law
by Jonathan M. Albano and Emma D. Hall Legal Analysis On June 3, 2016, Governor Baker signed into law House Bill No. 4333, An Act to Improve Public Records (St. 2016, c. 121) (the “Act”). Described by...
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Takeaways from Fisher II for University Admissions Policies
by Dean Richlin and Sarah Burg Case Focus In Fisher v. University of Texas at Austin, 136 S. Ct. 2198 (2016) (“Fisher II”), the Supreme Court upheld the constitutionality of the University of Texas at...
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Boston Veterans Treatment Court: A Team Dynamic
by Hon. Eleanor C. Sinnott Voice of the Judiciary Our country has been at war for almost 15 years. Deployments take a toll on soldiers and their families. Some get arrested because they suffer from...
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Mental Health Courts: Providing Access to Treatment, Restoration of Human...
by Hon. Kathleen Coffey Voice of the Judiciary A mental health court is a specialty court whose purpose is to serve mentally ill criminal offenders in the early stages of the criminal process by...
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Harnessing Legal Talent in the “City of Innovation”
by Carol A. Starkey President’s Page As lawyers, even while in pursuit of professional excellence, we also need support and intellectual nourishment outside of our firms or organizations – to be, and...
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The Defend Trade Secrets Act of 2016 and Its Coexistence with Massachusetts Law
by Stephen Y. Chow Legal Analysis The Defend Trade Secrets Act of 2016 (“DTSA”) creates a federal private right of action for misappropriation of trade secrets — hitherto the province of state unfair...
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Applying the Exclusionary Rule in the Face of Changing Law
by Eric Haskell Legal Analysis Massachusetts courts applying the state Constitution have declined to adopt wholesale the federally created “good faith” exception to the exclusionary rule, instead...
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Department of Labor Rule Shakes Up Retirement Advice Industry
by Ralph Derbyshire & Jay Haines Heads Up The Department of Labor is amending a longstanding Employee Retirement Income Security Act (ERISA) regulation that defines fiduciary “investment advice.”...
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The SJC Affirms Expanded Access to Justice in DNA Testing Case
by Michael Ricciuti, Kathleen Parker and Patrick McCooe Case Focus On July 29, 2016, the Supreme Judicial Court decided Commonwealth v. Wade, 475 Mass. 54 (2016), which defined the reach of the DNA...
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First Court Administrator Reflects on Five Years of ‘Collaborative Partnership’
by Harry Spence Voice of the Judiciary Guest Contributor In the last three and one-half years, Chief Justice Paula Carey and I have established that collaborative leadership of the Trial Court, a...
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Pay Equity in Massachusetts: What Every Lawyer Needs To Know
by David Gabor Legal Analysis Two significant changes affecting pay equity are on the horizon for Massachusetts employers. The first is a new Massachusetts law, An Act to Establish Pay Equity (the...
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The New Transgender Anti-Discrimination Law and Guidance Issued by the...
by Andrea Peraner-Sweet Heads Up On July 8, 2016, Governor Baker signed into law An Act Relative to Transgender Anti-Discrimination, St. 2016, c. 134 (the “Act”), expanding Massachusetts’ protection...
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“We Bear a Responsibility to be Vigilant”
by Carol A. Starkey President’s Page I have always seen the practice of law as one of the most significant means of participating in our unique American democracy. As lawyers, we are accustomed, by...
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Commonwealth v. Lawson and Commonwealth v. Griffin: Recent Changes in...
by Crystal L. Lyons Case Focus This past fall, without much portent, the Supreme Judicial Court (“SJC”) created a seismic shift in the law of criminal responsibility when it eliminated the “presumption...
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Cardno Chemrisk v. Foytlin: Supreme Judicial Court Holds that Anti-SLAPP Law...
by Jeffrey J. Pyle Case Focus Anyone who has litigated a special motion to dismiss under the Massachusetts anti-SLAPP law knows they are typically won or lost on the question of whether the suit is...
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A Clear View of a Narrower Path: Examining the Baker Pardon Guidelines
by William G. Cosmas Practice Tips Two years ago in this journal, I examined the process of obtaining a pardon in the Commonwealth of Massachusetts from the perspective of having represented one of the...
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Go Solo, You (Probably) Won’t Starve!
by Tejal Mehta The Profession You may have a great boss. You may have a lucrative job. You may work at a law firm or a public agency, with job security and benefits. You may have all of the above. But...
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