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Mass Law Blog

Intellectual property and business litigation, Massachusetts and nationally
Written by humans

Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer

Do We Have a Deal, or Not?

Litigation. "Of course, this letter is not intended to create, nor do you or we presently have any binding legal obligation whatever in any way . . .." In 1991 those words played a major role in the Massachusetts Appeal Court's reversal of a $32 million trial judgment against Federal-Mogul Corp. in the case (infamous to Massachusetts business lawyers of the time) of Schwanbeck v. Federal-Mogul. The plaintiff in that case claimed he had a deal to buy a division of Federal-Mogul, and FM had...

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Geeks on the Beach

Geeks on the Beach

Ok, my family is a little geeky, I admit it.  We watch documentaries together more than we watch family friendly movies.  What do I discuss with my beautiful wife and exceptional 12 year old daughter as we walk along the beaches of Cape Cod?  They both love astronomy, and every year I remind my lovely daughter that there are more stars in the Universe than grains of sand on all the beaches of Earth. However, I've always had a nagging doubt about this - is it true? It seems just, well,...

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Recent Business Law Decisions From the Mass State Courts

Noncompete Agreements. Plaintiffs seeking to enforce noncompete agreements by means of preliminary injunctions have been up against it as of late. In Payson's Trucking v. Yeskevicz (pdf file) Judge Peter Agnes denied the plaintiff's motion, which was brought against a contracting party (as opposed to an employee), on the grounds (among others) that the agreement was too vague as to its geographic reach and in the identification of the plaintiff's actual customers. In Merchant Business...

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Just another boring August afternoon in the Internet Age

First, Google wants to digitize every book ever written. Now, YouTube wants to make available, for free, every music video ever created: YouTube, which sprung out of nowhere a year ago to now claim over 100 millions views a day, is negotiating for rights to post current and archive music videos on its site, and said any commercial model it decides on will offer the videos free. "What we really want to do is in six to 12 months, maybe 18 months, to have every music video ever created up on...

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This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer