Condo Unit Owner Not Responsible for Special Assessment
Bobby Rudolph obtained a unanimous decision from the Massachusetts Court of Appeals affirming judgment in favor of RF’s client, a condominium owner, who was improperly assessed a portion of the cost to demolish and rebuild the condominium building’s parking garage. The parking garage, located behind the building, shared one common wall with the condominium’s common area trash room, which was also demolished as part of the project.
In a recent case out of the U.S. District Court for the District of Massachusetts, a judge found an employer in contempt of a protective order after the employer fired one of its employees for testifying against the employer in his deposition.
On October 1, 2018, lost in the deserved fanfare that the passing of the Massachusetts Noncompetition Agreement Act garnered, Massachusetts also became the second-to-last state to adopt the Uniform Trade Secrets Act (UTSA) (only New York remains). In doing so, Massachusetts statutorily updated both its 80-year-old definition of “trade secret” and legal remedies for misappropriation (which apply only to misappropriation first occurring after October 1). Though the UTSA largely codifies existing Massachusetts trade secret law, it differs in three meaningful ways that are significant for trade secret holders.
Bobby Rudolph was published in the spring issue of Paradigm magazine, an international legal publication that delivers articles regarding developments and trends in legal issues to corporate clients around the world. His article “U.S. Department of Labor Modifies Stance on Obama Era 80/20 Rule for Tipped Employees” provides an analysis and update on the U.S. Department of Labor’s retraction of the 80/20 Rule for tipped employees, which has vast implications for employers and impacts the millions of minimum wage tipped employees in the United States.
On September 7, 2018, the Chief Justice of Massachusetts’ highest court issued an opinion consequential for Massachusetts employers with out-of-state employees (Oxford Glob. Res., LLC v. Hernandez). In declaring a Massachusetts noncompete void as against California public policy, Oxford signals to Massachusetts employers that, in certain circumstances, the dual interests of out-of-state employees and limiting competition may be mutually exclusive.