Where a former employee sued for an unpaid commission, the case on the commission was dismissed, but the claim of being fired in retaliation for making a claim was allowed to continue. WHY THIS IS IMPORTANT… The wage act, like most worker protection laws, penalizes retaliation against workers for seeking protection under the law. The company argued that because the wage act claim was dismissed, the related retaliation claim should be dismissed as well. The court denied the

The Appellate Tax Board ruled that the gain from the sale of stock was Massachusetts source income subject to tax. The Court of Appeals affirmed. WHY THIS IS IMPORTANT… Although the taxpayer was a New Hampshire resident when he sold his stock, the sale was ruled taxable by Massachusetts because the company was Massachusetts-based and he received the stock as compensation for his employment with the company rather than as an investor. A 2003 amendment to the Massachusetts ta

False advertising against a competitor can create liability for multiple damages under Massachusetts law.

Planning for AI Contracting

Using appropriate standards and frameworks add foreseeability to technology-driven contracts

The Supreme Court has declined to review a lower court opinion that affirmed the US Copyright Office requirement of human authorship to be eligible for copyright protection.

Even Delaware courts are applying increasing scrutiny to restrictive covenants, including no solicitation provisions, even in a business sale.

The US Court of Appeals for the Sixth Circuit has ruled that when a complaint plausibly alleges sexual harassment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can prevent arbitration of the entire case

Washington state has enacted a new law that renders nearly all noncompete agreements void and unenforceable for Washington-based workers. It becomes effective in 2027.

The US District Court in New York held that a defendant’s written exchanges with a public AI platform were not protected by the attorney-client privilege or the work product doctrine.

The administration issued a new, comparatively restrained Executive Order that specifically targets examples of discrimination based on race or ethnicity.

Trade secret cases can result in money damages in addition to injunctions.

The FTC has not totally walked away from noncompetes. The FTC is now going after no-hire provisions in commercial contracts.

Delaware courts have limited the circumstances under which a corporate officer's sexual harassment of employees can be a breach of fiduciary duties, creating personal liability.

The Delaware Supreme Court has held that the business judgment rule applied to a proposal to reincorporate from Delaware to Nevada. It reversed a lower court decision holding that the entire fairness standard should be applied. Why This is Important… This is a critical decision for corporations amid current debates over state laws and the growing number that have left Delaware for Texas, Nevada, or other jurisdictions. It provides a roadmap for evaluating fiduciary duty chall

AI litigation is increasingly centered on a familiar area: product liability. Early cases are examining whether AI applications used by consumers are classified as products or services, and whether the alleged harms stem from design flaws, insufficient warnings, or predictable misuse. This change is supported by lawmakers, including the EU’s updated directive on liability for defective products (PLD), as well as a growing number of US state laws. All of these developments sug

The Third Circuit Court recently ruled that an employer failed to prove a CFAA or Defend Trade Secrets Act (“DTSA”) violation.

A Delaware court found restrictions reasonable but overbroad and unenforceable, highlighting the need for careful drafting of restrictive covenants for enforceability.

The FTC has announced a more aggressive enforcement posture on employment restrictive covenants.

While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use are on the rise.