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
Google's Antitrust "Charm Offensive" and Consumer Watchdog.Org's Response
Surely, Google doesn't want to go through what so many dominant companies in the U.S. have had to suffer - government antitrust scrutiny, in the form of merger/joint venture challenges and even, God forbid, a Microsoft-like monopolization suit. For better or worse, intensive antitrust scrutiny is the price of success in the U.S., and while it can't be avoided altogether, perhaps it can be minimized. Or so Google hopes. To that end, Google has made available a webinar entitled "Google,...
"No, You May Not Buy a Judge," Supreme Court Rules, and the Dissent’s "40 Questions"
“Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935), quoted in Justice Scalia's dissent in Caperton v. A.T. Massey Coal Co. ----------------- In mid-March I wrote a post about the decision facing the Supreme Court in Caperton v. A.T. Massey Coal Co. The issue was whether a state court judge’s failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates...
Aiding and Abetting Prostitution? Wa?! I’m an Internet Executive – I Sure Hope My Mom Doesn’t Read That!
“We opened an investigation at 5:01 on Friday, as promised. . . . We are preparing for a prosecution. We are investigating. We are moving forward. . . . . The #1 defendant is Mr. Jim Buckmaster, who is the man in charge of Craigslist.. . . . Craigslist is a big promoter and facilitator of prostitution.” South Carolina Attorney General, on Sunday, according to the Craigslist Blog. Hmmm, this is the kind of thing that is protected by Section 230 of the Communications Decency Act, assuming that...
Antitrust, Followed by Anti-Anitrust Followed by ….
All of the news articles I'm seeing about how aggressive the newly appointed antitrust enforcers may be puts me in a mind to reminisce. When I graduated law school in 1979 I went off to what was then called Howrey & Simon, at that time the self-proclaimed antitrust heavyweight of D.C., and maybe the entire country. We certainly believed this to be true, and maybe it was. Back then there was no American Lawyer, and no one was really keeping score. At Howrey it was all antitrust all the...