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The Computer Fraud and Abuse Act (CFAA) was enacted by Congress in 1986 as a response to the emergence of computer crimes. Oftentimes in the employment situation when an employee leaves there is a claim that the employee took computerized materials with them and violated the CFAA. The United States Supreme Court recently narrowed the […]

A Superior Court judge has ruled that an individual injured in an automobile accident can bring a claim for negligent entrustment against a mother whose disabled adult son allegedly caused the crash. The mother and her son, who suffered from Attention Deficit Hyperactivity Disorder (ADHD) and Autism Spectrum Disorder (ASD)—for which he took medication, were […]

The COVID pandemic has affected all aspects of our lives. Our workplaces, schools, religious institutions, social venues and restaurants have adapted to meet social distancing requirements in efforts to limit the possibility of the spread of the virus. Courts have been particularly affected because shutdowns, remote staff, and in-person limitations have slowed the administrative work […]

The departure of key employees can be quite damaging to a business’ bottom line. It is not surprising that businesses go to great lengths and spend significant sums of money to keep those employees. Sometimes, those lengths take the form of additional pay and benefits to the key employee. In other instances, the measures take […]

Every employer is well advised to have a written employee handbook consisting of a written compilation of rules, standards and policies governing the management of the employer’s human resources. Employers should carefully consider their business, legal, employee relations and general objectives for creating an employee handbook, and then treat it as a living document, conducting […]

In the current age of global pandemics and unprecedented economic instability, many employers and employees find themselves stressed to the maximum. A recent decision by a Federal Appeals Court that an employer did not discriminate against an employee by firing her for misconduct she attributed to post-traumatic stress disorder has shed some new light on […]

Laws permitting the medicinal use of marijuana were enacted in Massachusetts in 2012 and on July 1, 2018, recreational marijuana was legalized. The Commonwealth’s evolving law governing marijuana usage presents profound challenges for Massachusetts employers seeking to protect their customers, employees and themselves. This article will briefly examine some of the current trends in marijuana […]

The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]

UMNV 205-207 Newbury, LLC (referred to as “UMNV”) leased its Newbury Street location to Caffe Nero Americas, Inc. (referred to as “Caffé Nero”) for a 15-year term starting June 1, 2017. The lease stipulated that Caffé Nero was to use the leased premises “solely for the operation of a Caffé Nero themed café under Tenant’s […]

In today’s world, political discourse is rarely civil and can often lead to potentially tense and/or hostile disagreements. However, if an employee makes the choice to discuss hotly contested political topics in the office, could that employee be subject to discipline for his/her viewpoints, or does the First Amendment protect free speech and shield the […]

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