General

Hiatus

by Lee Gesmer on November 5, 2020

After 15 years, over 560 posts and, by word count, the equivalent of about five novels, I’m putting MassLawBlog on pause for a while.

Thank you to my readers for the many compliments and republications I’ve been favored with over the years.

Those of you who have followed the blog know that I’m fond of quotations, so I’ll close with one that describes why I started this blog in the first instance:

“I write because I don’t know what I think until I read what I say.”

Flannery O’Connor

Lee Gesmer… Read the full article

Gesmer Updegrove LLP Files Comments and Recommendations With Department of Commerce

[This post is adapted from Andrew Updegrove’s August 5, 2020 post]

Since May of 2019, standards setting organizations (SSOs) and U.S. companies have been struggling with the blowback from the decision by the U.S. Department of Commerce (DoC) to add Huawei and scores of its affiliated companies to the “Entity List” maintained by the U.S. Bureau of Industry and Security. In June of 2020, the DoC released a long-awaited “Interim Final Rule,” providing a safe harbor for U.S. companies and Huawei et al. to work together on standards. The DoC set a deadline of August 17, 2020 for interested parties to submit recommendations to improve the Interim Final Rule. 

In response to DoC’s request for recommendations Gesmer Updegrove LLP prepared a detailed comment letter which it has submitted on behalf of itself, multiple clients and other SSOs. 

The concerns addressed in these comments arise from the fact that U.S. law prevents U.S.Read the full article

Does Your Lawyer Have Emotional Intelligence?

by Lee Gesmer on March 4, 2020

Does Your Lawyer Have Emotional Intelligence?

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man.” Abraham Lincoln.

Does your lawyer have emotional intelligence? Or if you’re a lawyer, do you?

*Note: “Studies show that lawyers score high in intelligence but below average in emotional intelligence, and Ronda Muir, author of ‘Beyond Smart: Lawyering with Emotional Intelligence,’ says that plays a part in the public’s low opinion of them.” American Bar Association, October 2017

Listening to a couple of doctors on radio interviews talk about how important emotional intelligence is for the doctor-patient relationship got me thinking about emotional intelligence in the context of lawyering.

What is emotional intelligence (EQ)? Howard Gardener describes it this way –

Your EQ is the level of your ability to understand other people, what motivates them and how to work cooperatively with them,” says Howard Gardner, the influential Harvard theorist.

Read the full article

Oracle v. Google Resources Page

by Lee Gesmer on November 17, 2019

Click here to access my Resources Page on Oracle v. Google, currently pending before the Supreme Court.… Read the full article