... Breach Notification: Over the past few years, states have been very active passing legislation that requires businesses that retain information about state residents to notify such residents when that information is compromised. Efforts to pass a preemptive national law ... to several high profile information security breaches from previous years. Moreover, as we are seeing in Massachusetts and Connecticut where new data security laws have been passed, we may see a stronger push at the state level ...
November 21, 2008 03:58 am
... Crawford is so relatively new, and because it departs so radically from what judges and the vast majority of lawyers learned in law school, judges must not only be educated about Crawford, but also divested of any temptation to do mental gymnastics ... " in Melendez-Diaz v. Massachusetts (Supreme Court No. 07-591), which challenges a Massachusetts appellate decision that drug certificates of analysis "are akin to a business or official record, and therefore, would not be subject to the holding in ...
November 20, 2008 05:00 am
... name, driver's license numbers, etc. In the earlier post, I talked about a case in which a paralegal effectively stole the identity of a law firm, a corporate entity. Since she was charged with grand larceny, the issue of identity theft did not (and presumably ... 2004, someone using the fictitious name of James Strobridge ordered 500 Snelling payroll checks from NEBS Business Forms in Massachusetts. The order was placed from Lee's cellular telephone and the address to which the checks were to be ...
November 19, 2008 01:22 pm

MGH prepares for its next Joint Commission survey

(HealthBlawg :: David Harlow's Health Care Law Blog)
... Commission survey due within the next year or so is not ordinarily newsworthy. However, the Boston Globe spilled some ink today on the Massachusetts General Hospital's upcoming survey and the General's preparations -- including a mock survey, which is a standard preparation tool, ... Survey or no, this is clearly an important effort, and one the General can devote resources to as it strives to maintain its level of clinical excellence. David Harlow The Harlow Group LLC Health Care Law and Consulting
November 19, 2008 03:13 am

Burglaries Abound Throughout Massachusetts

(Boston Criminal Lawyer Blog)
... some similar burglaries that happened a couple of weeks ago in Lawrence. There, thieves broke into three businesses through a hole in the roof. Similar burglaries have been reported in Salem, Haverhill and Lynn. But lest ... of Fall River, (hereinafter, the "Defendant") was arraigned in Taunton District Court in connection with a house burglary in Rehoboth, Massachusetts, dating back to last November. The Defendant was already a guest of the Commonwealth at the Bristol County House of Correction for ...
November 18, 2008 01:00 pm
... in various SEC filings (latest 10-K here) that he obtained a Master of Science Degree in Electrical Engineering from the Massachusetts Institute of Technology (MIT) in 1969. However, a background check by FDI shows that while Dennis Workman attended MIT from ... MIT, he violated company policy in addition to causing a false report to be filed with the SEC. According to Trimble's Business Ethics and Conduct Policy: Every director, officer, employee, consultant, agent and representative of the company ...
November 17, 2008 01:31 am
... in the San Francisco Chronicle, I proposed that the way to settle the Prop.8 lawsuit was for California to withdraw from the marriage business, substituting civil unions prospectively for gay and straight alike. The commentary has received many favorable comments, ... than the Governor's administrative authority alone; you'll remember that both the Vermont and Massachusetts courts gave the legislature a period of time in which to enact appropriate legislation to bring their respective states into ...
November 16, 2008 06:44 am
... "managing partner." Really. If dressing up like a sexy fox helps with business development, who am I to second-guess you? So, stop emailing me! And ... bunch of places. She was so moody that she ran away to join a large law firm. Then she was recaptured and they medicated the hell out of her. ... doesn't have its own statute of limitations. The question therefore is whether the Utah or Massachusetts statute of limitations applies. The First says that the contractual language, which appears to shorten ...
November 14, 2008 07:44 pm
... of intellectual property produced with the support of public funds. The Act gives universities, small businesses, and non-profit organizations the right to inventions developed through research funded by ... State Embryonic and Fetal Research Laws: Stem Cell Research, Jan. 2008. (California, Connecticut, Illinois, Maryland, Massachusetts, New Jersey, New York, and ... 7. 12 Id. 13 Id. 14 State of California, Text of Proposed Laws: Proposition 71. 15 Associated Press, Judge Rules Suits Challenging Stem ...
November 14, 2008 04:58 pm

Lab Reports and Crawford

(The Briefcase)
... more routine: a simple drug test showing that the drugs seized from the defendant were cocaine. The Massachusetts courts held that the report was "akin to a business record and the confrontation clause was not implicated in this type of evidence." The Court had ... to the defense, it could simply call the witness to the stand in its own case. Jeff Fisher, the Stanford law professor arguing the case for the defendant, correctly pointed out that this wouldn't be much different than allowing the state ...
November 12, 2008 11:44 am
... receive a jury trial. The Court visited some familiar principles of premises liability law. Homeowners are required to keep their premises reasonably safe, and they are required ... now clearly recognize that a fall on a single step, a design feature in many Massachusetts homes and businesses, can be the basis for a case if the property owner fails to warn ... Power, Inc., 59 Mass. App. Ct. 850 (2003). At the personal injury law firm of Breakstone, White & Gluck, P.C., we are aggressive advocates ...
November 11, 2008 01:19 am
Friday night was a big night for Massachusetts law enforcement in the prosecution of juvenile alcohol parties and narcotics investigations. In Danvers, An investigator's patience paid off as he ... Carole Germano said Detective Robert Sullivan was staking out a Newbury Street business at 10:15 p.m. Friday. "He had set up surveillance ... illustrate the same point; a point often heard echoing constantly in this daily criminal law blog. Both cases involved an ongoing investigation which had already started ...
November 10, 2008 12:56 pm
... ruled that a crime lab report on an illegal drug was "akin to a business record and the confrontation clause is not implicated by this type of evidence." In Melendez-Diaz's case, the Massachusetts Appeals Court applied the Verde precedent, and ... the argument that chemists' crime lab reports, often prepared in response to police requests, are "expressly prepared for law enforcement in aid of criminal investigations." And it argued that such reports are not, as Masschusetts courts assumed, "purely ...
November 8, 2008 09:54 pm
... that 10-year period as prosecutors are alleging. While the couple did own a number of businesses, their attorney maintains that many of them failed. They also bought a house on ... they obtained from their real estate and business ventures to MassHealth. The state's public health assistance is intended for Massachusetts residents with low incomes. Health Care ... Wicked Local, November 6, 2008 Related Web Resource: Healthcare fraud, Law.Cornell.Edu Please contact our Boston white collar crimes lawyers ...
November 7, 2008 03:13 pm
... focused much on this distinction until I started reading Bijan Sabet's blog. Bijan is a Massachusetts VC with a minor quest to get MA and other states to follow California's ... case study. Apple Pays Fadell to Protect its Competitive Advantage If Fadell worked in Massachusetts, New York or most other US states, Apple could simply tell him ... in New York or whether his employment agreement was specifically governed by New York law. If it was, he and Apple could have a hard time overcoming the noncompete ...
November 6, 2008 06:10 pm
... encourage lenders to aggressively modify mortgages, according to Carolyn Said, staff business reporter for the San Francisco Chronicle. The new law would apply to owner-occupied homes and would, in effect, mandate an additional 90-day delay to an already lengthy foreclosure process -- ... Other states are taking similar actions. For example, both New York and Massachusetts have recently enacted laws requiring 90 days advance notice before foreclosure proceedings can be commenced ...
November 6, 2008 05:31 pm

Non-Compete Agreements: Friend or Foe?

(The Journal of the Business Law Society)
... former employer with whom the employee has signed the agreement. [2] "Non-compete clauses are used by establishes businesses to prevent employees from engaging in competition or appropriating confidential information for their own use or use by competitors." [3 ... in search of employment, these three factors must be reasonable and not- overreaching. [25] Additionally, recent Massachusetts cases have held that a non-compete agreement will be found invalid if the employer has changed job positions, ...
November 5, 2008 03:33 pm
... of the ethnic communities that was in bitter contention for the Kenyan Presidency in last year's election. While of course business minded Kenyans have made the most out of the Obama craze, it has been a welcome moment of national coming ... BTW, all my Kenyan and Swahili-speaking colleagues are excited for Obama.--Paul (who works in Iraq and neighboring countries) ►Boston, Massachusetts: "I feel the way I felt the day Nelson Mandela walked out of prison…sheer joy that the impossible was happening ...
November 4, 2008 11:48 pm

New Massachusetts identity theft regs overlap with HIPAA, FTC Red Flag rule

(HealthBlawg :: David Harlow's Health Care Law Blog)
Massachusetts identity theft regs take effect January 1, 2009. Any business that does no more than keep a copy of a personal check from a client or customer ... and state rules in this area. Both healthcare and non-healthcare-sector businesses may have to consider doing a further pre-emption analysis, looking at the recently- ... HIPAA, it will be interesting to see whether private enforcement efforts will be permitted under the new law. TOH: Colin Coleman, John Koenig. David Harlow The Harlow Group LLC ...
November 3, 2008 07:49 pm
... the guilty fall, think they can act with impunity to break all kinds of different laws. In my experience as a Massachusetts criminal defense attorney and legal commentator, this is most commonly seen in the areas ... enforcement authorities. Federal authorities received information from an undercover informant in 2007 that Sen. Wilkerson was accepting bribes from business interests seeking favorable approval for a range of permit applications, including liquor licenses and real estate development ...
November 2, 2008 04:10 am
 
 

This Domain Owned by Justia.com - Inquire About Justia.com's Legal Marketing Services