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
Illinois Governor Rod Blagojevich Forgot This Important Rule of Discretion
"Never write if you can speak; never speak if you can whisper; never whisper if you can nod; and never nod if you can wink." Martin Lomasney (1859-1933) Massachusetts State Senator, State Representative, Alderman and Ward Boss of Boston's Ward Eight.
Decision Denying Dismissal in Jones Day v. Blockshopper
Here is a link to the decision of federal district court judge John W. Darrah (N.D. Ill.), denying the defendants motion to dismiss in the trademark suit brought by the Jones Day law firm against the web site Blockshopper.com, which reports on upscale residential real estate transactions in Chicago and other cities. I wrote about this case in some detail here. Jones Day's assertion that a post on the site describing real estate purchases by two Jones Day attorneys could create confusion (and...
Cyberbullying, Website Terms of Use and the CFAA: the Lori Drew Case
Suffice it to say, very few people realize that violating the "terms of use" (aka the small print that no one reads) on a web site may constitute violation of a federal law that has both criminal and civil penalties. Yet, this was the basis for the prosecution of Lori Drew, the woman who allegedly created a MySpace account under the name of "Josh Evans." Using this account, Drew developed an online relationship with Megan Meier, a 13-year-old girl. "Josh Evans" said hurtful things to...
"Excuse Me, What Isle is the Chutzpah In?"
Whole Foods, in the wake of the D.C. Circuit's decision reinstating (in a manner of speaking) the FTC's challenge to the Whole Foods - Wild Oats merger, has filed a most unusual lawsuit in the federal district court in the District of Columbia. Whole Foods is seeking to terminate the FTC's administrative proceedings investigating the merger. The stated grounds are violation of the Due Process Clause and the Administrative Procedure Act (the APA). Here is a link to the complaint (scribd.com)....
Judge Ralph Gants: SJC’s Gain Will Be BLS’s Loss
Today's Boston Globe reports that Governor Deval Patrick will nominate Superior Court Judge Ralph Gants to the seat on the Supreme Judicial Court now vacated by Justice John Greaney. This is a great nomination - Judge Gants is truly a superstar of the Massachusetts Superior Court - without question one of the best, if not the best, minds on the state trial court. He has reportedly been on the "short list" of potential nominees for the last few weeks, and there was little question in my mind...
The (very) Confusing State of the Law of Evidence in Massachusetts
"Parties are invited to cite to the Proposed Rules, whenever appropriate, in briefs and memoranda submitted. Proposed Massachusetts Rules of Evidence (Supreme Judicial Court, December, 1982)" "The provisions contained in this Guide may be cited by lawyers, parties, and judges, but are not to be construed as adopted rules of evidence or as changing the existing law of evidence. Massachusetts Guide to Evidence, Section 1.1 (Supreme Judicial Court, November 2008)" History does not repeat itself,...
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