Massachusetts’ Supreme Judicial Court has expanded premises liability to include a broader definition “mode of operation” which relieves plaintiffs from having to prove actual or constructive notice of conditions. In BOWERS vs. P. WILE’S, INC the court found that “where the manner of operation of a business creates a reasonably foreseeable risk of a hazardous condition, the

Thumbnail image for FullSizeRender.jpg A recent unpublished decision by the Massachusetts Appeals Court found that an employee could not establish a case for age discrimination under Massachusetts law when his entire job class was eliminated as part of a reduction in force. See Richard A. Porio v. Department of Revenue, 13-P-1621, (memorandum and order pursuant to Rule 1:28,

A Massachusetts superior court has recently ruled that an insurance company choosing to appeal a jury’s decision to a higher court rather than extend a formal settlement offer after a verdict has been entered against them is NOT a commission of unfair settlement practices.
Continue Reading MA Courts Say: Insurers NOT Liable for Failing to Settle, Even after Jury Verdict

Smartphone manufacturer HTC agreed in February to settle Federal Trade Commission (FTC) charges that the company failed to take reasonable steps to secure software it developed for its mobile devices including smartphones and tablet computers. In its complaint, the FTC charged HTC with violations of the Federal Trade Commission Act. On July 2 the FTC approved a final order settling these charges.
Continue Reading FTC Settles with HTC America Over Charges it Failed to Secure Smartphone Software

Today the Federal Trade Commission’s (FTC) rules promulgated under the Children’s Online Privacy Protection Act (COPPA) become effective. COPPA, passed by Congress in 1998, requires the FTC to issue and enforce regulations concerning children’s online privacy.
Continue Reading FTC Rules on Children’s Online Privacy Effective Today: What You Need to Know if You Operate an Online Service

As originally discussed on this blog back in February, a lawsuit brought by Advanced Micro Devices (AMD) against former employees accused of taking AMD trade secrets with them to competitor Nvidia has been ongoing and a recent opinion in the case highlights the uncertainty surrounding the Computer Fraud and Abuse Act (CFAA).
Continue Reading Update on AMD Trade Secret Misappropriation Case: Judge Hillman Issues Narrow Interpretation of the CFAA

The SJC recently affirmed the Massachusetts Appeals Court’s ruling that a commercial landlord whose tenant broke a 12 year lease after only two years has to wait until the lease term expires before collecting damages.
Continue Reading Massachusetts Commercial Leasing: Lessons Learned from 275 Washington Street Corp. Decisions

A case in the Business Litigation Session of Suffolk Superior Court demonstrates how cutthroat competition can be in the medical device industry and how the law deals with companies that disregard fair trade practices to gain an unfair advantage.
Continue Reading Lightlab Imaging v. Axsun Technologies and Volcano