Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten 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
Both the White House and U.S. Treasury Critical of Noncompetes
Early this month the White House issued a report titled, Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses. The conclusion of this 16 page report is as follows: In some cases, non-compete agreements can play an important role in protecting businesses and promoting innovation. They can also encourage employers to invest in training for their employees. However, as detailed in this report, non-competes can impose substantial costs on workers, consumers, and the...
Slides From My Presentation on Noncompetes at Mass. Bar Assoc., April 2016
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Redigi Settles on Damages, Likely Heads to Second Circuit
A quick update on Capitol Records v. Redigi. The SDNY federal court entered summary judgment against Redigi on liability in March 2013. The last two years have been spent preparing for trial on damages. However, on Monday of this week, on the eve of trial, the parties reported the case settled. Very likely, this settlement (which is confidential), was engineered to allow the decision on liability to be appealed to the Second Circuit. The way this works is that if the appeal is unsuccessful,...
CopyrightX: Kagan White House File Shows Administration Split in Lotus v. Borland
Several of the CopyrightX teaching fellows used the 1990s Lotus v. Borland copyright case in their classes last week. In an excellent Case Study, Professor Fisher and TF/Berkman Center intern Ben Sobel dissected the background and holdings in this complex case. An interesting aspect of the case study was the use of documents that came to light during Elena Kagan's Supreme Court nomination process. In 1995 now-Justice Kagan was Associate White House Counsel, and was involved in the...
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Lee Gesmer