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
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...
Try Not to Use “Defalcation” in Your Employment Agreements
Few things anger employers more than learning that an employee who has been terminated has, before leaving, copied confidential documents. Courts often view this as an equitable justification for enforcing a covenant not to compete that might otherwise be "on the line" legally - maybe enforceable, maybe not. But what if an employee copies confidential documents and does nothing with them? In other words, doesn't give them to a competitor or use them in a way harmful to the employer? If the...
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