From the category archives:

Litigation

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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Hey, It's Not Like President Bush Isn't Doing Anything Important These Days! or, Fresh Evidence That the True Course of Civilization is Upward

September 24, 2008

Here is the text of new Federal Rule of Evidence 502, eliminating waiver resulting from inadvertent disclosures of attorney-client privileged or work-product materials in federal litigation: Federal Rule of Evidence 502 (signed into law September 19, 2008) The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by

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Massachusetts Software Company Liable for Breach of License Agreement and Under Chapter 93A

July 26, 2008

It’s probably fair to say that there are thousands of software license and development agreements entered into every business day in the U.S. Only a very small number result in a lawsuit, and an even smaller number end up with a jury verdict and ruling under 93A by a Massachusetts trial judge. So, when a

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Traps for the Unwary – Waiver

July 23, 2008

What do lawyers fear the most? Spiders, snakes, public speaking, death by auto de fe? Well, I’ll be darned if I know, but one thing that scares the bejesus out of all thinking lawyers is waiver. Lawyers start to become vaguely aware of this horror in law school. Once they go out into practice it

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Rock Star Judges and E-Law

July 21, 2008

Anytime these judges write an opinion, it’s treated like a papal encyclical,” . . . They really influence other judges, who act like these are the rock stars of their profession. . . These ‘rock star’ judges are not surprised that they, and not the new rules, are still the final word in e-discovery. .

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First Circuit Widens Door to Claims of "Hostile Work Environment"

February 8, 2008

The words “hostile work environment” get tossed around a lot by lawyers. But, just what constitutes a hostile environment that’s actionable under Title VII of the Civil Rights Act of 1964 is uncertain. It’s sort of a “I can’t define it, but I know it when I see it” standard. That standard may work at

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The Massachusetts "Guide" to Evidence

October 16, 2007

Courts, Litigation. Back in the early 1980s, when I was new to the Massachusetts Bar, there was an effort by the organized bar to codify the rules of evidence. That effort failed, and to this day the rules of evidence are a confusing patchwork of common law and legislative enactment. The “go to” source for

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Electronic Discovery and the New Federal Rules: What Every Lawyer Should Know

December 1, 2006

At long last, the highly anticipated amendments to the new federal rules of civil procedure are here. The federal court system has amended its rules of procedure to address electronic discovery, aka “e-discovery”. The amendments became effective on December 1, 2006. Unfortunately, this news has been greeted with yawns from many attorneys who believe this

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Electronic Evidence – Fear and Loathing in the Legal Profession

October 26, 2006

The best aspect of law school is the subordination of math. Anon ________ The schematic displayed above (click for a blow up in pdf format) is a simplified illustration of a corporate network which Microsoft provided to the Federal Rules Committee in connection with proceedings on electronic evidence. It was intended to illustrate a generic

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