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
Evan Schaeffer's "17 Types of Lawyers"
Humor is just another defense against the universe. Mel Brooks Legal humor is almost always an oxymoron, but Evan Schaeffer, author of The Legal Underground blog, had me in silent hysterics (I was in the office) with his list of 17 types of lawyers. The descriptions are so cleverly written, and so on point, that ... well, enough, here they are, with links : Types of Lawyers #1: The Big Firm Summer Associate Types of Lawyers #2: The Partner Who Talks Too Fast Types of Lawyers #3: The Lawyer Who...
Judge Gertner Foils RIAA, At Least For Now
Nancy Gertner is no shrinking violet. Her reputation as a lawyer and then as a judge who is willing to make hard decisions and challenge the status quo is well known. Last week she did just this when she quashed the RIAA's subpoena against Boston University, which was targeted at learning the identities of some Boston University students who had posted copyrighted songs. Her rationale was that there was no clear evidence the students had violated the Copyright Act, and therefore their identies...
Decision in Bear Stearns v. Sharon – Motion Denied
Here is Judge Gorton's decision in Bear Stearns v. Sharon, which I discussed last week. Bear Stearns' motion for a preliminary injunction was denied. Thanks to Michael Boudett (who represented Sharon) at Foley Hoag for providing me with this decision.
Bear Not Entirely Without Tooth and Claw
Recognizing that the Massachusetts Suffolk Business Litigation Session (BLS) is an unreceptive venue for securities firms attempting to enforce restrictive coveneants against former employees, Bear Stearns has sued the former Executive Director of its Private Client Services Group in Federal District Court in Boston. The employee, a 20 year veteran of Bear Stearns, fled to Morgan Stanley on Monday, March 17, 2008, the day after Bear Stearns' $2/share bail-out sale to Morgan Stanley was...
But on the other hand ….
In contast to the Suffolk Business Litigation noncompete cases discussed below, in National Engineering v. Grogan Massachusetts Superior Court Judge Maureen B. Hogan, sitting in Middlesex County, enforced a six month noncompete provision between a recruiting and staffing firm, and its former employee, Travis Grogan. The heart of Judge Hogan's decision is as follows: Other than his employment at NESC, had no experience in the staffing industry. All of his knowledge of the business was gained...
Smith Barney/Citigroup: Darn, Foiled Again!
Albert Einstein once said that "the definition of insanity is doing the same thing over and over again and expecting different results." By this measure, Smith Barney has a problem. In a recent case decided by Judge Gants in the Suffolk Business Litigation Session, Smith Barney sought a preliminary injunction against Michelle Griffin, who had held several positions with Smith Barney, culminating in "financial advisor." When Ms. Griffin began at Smith Barney (then Shearson Lehman) in 1994, she...
