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
"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,...
How to Attract Patent Litigation
If you're a federal district court, that is. The answer? You need something not every federal district has. The Eastern and Southern Districts of Texas have them. The Northern District of California has them. The Districts of Pennsylvania (Western), Georgia (Northern) and Illinois (Northern) have them. In fact, so many U.S. District Courts have them that its getting difficult to keep up. Like so many things in life, at first its an advantage to have them, and eventually it becomes necessity....