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
Will Massachusetts Lose Judge Saris to the CAFC?
According to the front page of the January 12, 2009, National Law Journal (above the fold), Massachusetts U.S. District Court Judge Patti B. Saris is on the "short list" to be appointed to the Court of Appeals for the Federal Circuit - the so-called "science court" that sits in Washington D.C. and hears patent appeals from all of the U. S. District Courts in the United States. When it comes to patents, Judge Saris is the "stand out" judge in Massachusetts. She's shown a liking and a knack for...
!["Talkin ‘Bout My [Internet] Generation" and Gatehouse Media says, "Give Us A Break Judge, the Registration is in the Mail"](https://www.masslawblog.com/wp-content/uploads/2009/01/220px-My_Generation.jpg)
"Talkin ‘Bout My [Internet] Generation" and Gatehouse Media says, "Give Us A Break Judge, the Registration is in the Mail"
Some interesting goings on on the copyright front in D. Mass. are worth a brief mention. First, U.S. District Court Judge Nancy Gertner has ruled that proceedings in the RIAA's case against Joel Tenenbaum, alleging illegal downloading, may be "webcast" by the Berkman Center. Whether the actual trial will be webcast is undecided as yet, but upcoming in-court motions will be. The audio-visual will be streamed live by the Berkman Center at no charge to viewers. Tune in on January 22nd to see the...
And Now, a Brief Reminder From the SJC: Employee Handbooks Can Create a Binding Obligation on the Part of the Employer, So Be Careful
For more years than I can remember we've been warning clients that an employee handbook can create unintended legal obligations. A case decided by the Supreme Judicial Court late last year (December 2008), serves as a reminder of this hazard. The court found that a sick day policy contained in a handbook bound the Mass Turnpike Authority to pay certain benefits. The case attempts to leave the issue of whether a handbook creates a binding obligation open to a case-by-case analysis (especially...
The Bill That Would Make Noncompete Agreements Unenforceable in Massachusetts
[Update, November 7, 2011]: Almost 3 years later, and still no law. Here is the full text of a bill filed last week that would make noncompete agreements unenforceable in Massachusetts, at least as to employees (as contrasted with noncompete covenants entered into in connection with the sale of a business, the other major category of noncompete covenants): AN ACT TO PROHIBIT RESTRICTIVE EMPLOYMENT COVENANTS Section 1. Section 19 of Chapter 149 of the General Laws of Massachusetts is hereby...
Gatehouse Media v. The New York Times: Ready for Trial, Counsel?
When I discussed the copyright case Gatehouse Media v. The New York Times over the weekend I hadn't reviewed the court docket, and hadn't been aware that Judge William Young had pulled the trick that he is famous for (at least locally): when a party requests a preliminary injunction, he responds by ordering an expedited trial. And I do mean expedited. The case was filed on December 22, 2008. Docket entry 13, issued the same day, states in relevant part (cleaned up a bit for readability):...
Famous Trials
Trials. We love them, we hate them. If you're a client, you really hate them. Or at least you should. There are moments of high drama, but the vast majority of trials are as boring as watching grass grow. Even trials that attract the prurient interests of the public (think OJ or Spector), that force the world to watch with morbid fascination, are, for the most part, boring. Why do you think that Court TV shows only the "highlights"? Nevertheless, if you take an important trial and boil it...
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