From the category archives:

Business Lit. Session

The Road Goes on Forever, But the Lawsuits Never End: ConnectU, Facebook, Their Entourages

January 18, 2010
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The ConnectU/Facebook legal saga is truly astounding.  Imagine a mature Oak tree.  Now give the it properties of Kudzu vine (the “vine that ate the South”).  Each branch of this tree is another lawsuit involving ConnectU, Facebook, the principals, and their lawyers. Now, a new branch has burst forth.  Wayne Chang has sued ConnectU and

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Judge Ralph Gants: SJC's Gain Will Be BLS's Loss

December 1, 2008

Today’s Boston Globe reports that Governor Deval Patrick will nominate Superior Court Judge Ralph Gants to the seat on the Supreme Judicial Court now vacated by Justice John Greaney. This is a great nomination – Judge Gants is truly a superstar of the Massachusetts Superior Court – without question one of the best, if not

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As Allen van Gestel's Tenure at Head of Business Session Draws to a Close, the Boston Globe Comments . . .

November 7, 2007

The Globe article begins: Judge Allan van Gestel dismisses the buzz that is making its away around Boston’s legal community that he is stepping down from the state’s business court that he shaped so effectively over the last seven years because he ruffled the feathers of his fellow judges and his bosses with his concerns

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Judge Van Gestel to Retire at Year End

January 24, 2007

At a Boston Bar Association lunch program today, Judge Allan Van Gestel informed the audience that he would not put himself on the “recall” list at the end of this year. In other words, at the age of 71 Judge Van Gestel will be retiring from the bench at the close of 2007, after running

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Judge Gants Issues Decision on Waiver of Attorney-Client Privilege When Client Uses Password-Protected, Web-Based Email on a Company Computer

September 18, 2006

Litigation. Lawyers love to argue about attorney-client privilege. What could be juicier than to find out what your adversary in litigation said to his or her attorney, believing it to be covered by this privilege, a privilege that is so sacrosanct that the Supreme Court has ruled that it extends beyond the grave? Nevertheless, the

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Covenant Not-to-Compete Not Enforceable Against English-Challenged Russian Immigrant

August 4, 2006

It’s a bad day when your client wants you to enforce a noncompete agreement against a $10/hour Russian immigrant with “a very limited command of English,” who sends most of her earnings back to her son and elderly parents in Russia, and who, after a year of at-will employment and with no further payment of

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A New Twist on Forum Selection: The BLS

July 20, 2006

Business Litigation Session. The July 17, 2006 issue of Massachusetts Lawyers Weekly has an article suggesting that some attorneys are agreeing in contracts that claims arising from those contracts must be filed in the Suffolk County Business Litigation Session (BLS). The article reports that Judge Allan Van Gestel, the presiding judge of the session, recently

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What Did You Say Your Trade Secrets Were?

March 27, 2006

Trade Secrets, Procedure. Warning: if you’re seeking discovery in a trade secret case in the Suffolk Business Litigation Session make sure that you have (a) provided the court with a detailed description of your trade secrets, and (b) filed a protective order that strictly complies with the Uniform Rules of of Impoundment. For a recent

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Massachusetts Business Court Sanctions Company for Pursuing Frivolous Case to Enforce Noncompete Agreement

March 21, 2006

Noncompete Agreements. If I had a dollar for every time a client who had been sued asked me if they could recover attorney’s fees or damages if they won, I’d have, well, probably hundreds of dollars. Even when a lawsuit proves to be frivolous the Massachusetts courts have traditionally been extremely reluctant to turn the

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