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Massachusetts Supreme Judicial Court Holds That Agreements To Arbitrate State Discrimination Claims Are Enforceable As Long As the Agreement Specifically References Discrimination Claims
In the recently decided case of Warfield v. Beth Israel Deaconess Medical Center, Inc., the Massachusetts Supreme Judicial Court ("SJC") held that agreements by employees to arbitrate claims brought pursuant to M.G.L. ch. 151B, Massachusetts’ anti-discrimination statute, are enforceable provided that the agreement contains a reference to such discrimination claims in "clear and unmistakable terms."
United States
18 Aug 2009
The Rise Of ERISA Litigation And Its Impact On Collective Trusts – Goodwin Procter To Hold A Webinar On Recent Trends, February 7, 2008
The past year has seen a dramatic rise in litigation under the Employee Retirement Income Security Act of 1974, as amended ("ERISA").
United States
25 Dec 2007
New York Appeals Court Ruling Upholds Award Of Punitive Damages For Unintentional Data Breach
A recent decision by the Appellate Division of the New York Supreme Court, upholding a jury award of punitive damages for unintentional privacy breaches, should serve as a warning flag for all companies – especially those in the health care sector – that failure to implement and maintain appropriate policies for the handling of personal data may result in liability.
United States
5 Dec 2007
Jacobsen V. Katzer: A New Decision Affecting Open Source Licensing
The District Court for the Northern District of California recently ruled in Jacobsen v. Katzer, No. 3:06-cv-01905 (N.D. Cal. Aug. 17, 2007), that the defendant’s alleged failure to adhere to the provisions of an open source license, by distributing copies of the licensed source code without the inclusion of the required the attribution notice, constituted a claim for breach of contract and not a claim for copyright infringement.
United States
4 Dec 2007
Walking The Tightrope Providing Actual Notice While Avoiding Declaratory Judgment
Prior to instigating patent litigation, it historically has been viewed as beneficial to notify a potential infringer of infringement as early as possible. In addition to the business reasons associated with the offering of a license – i.e., the likelihood of a more efficient compromise, the mitigation of litigation costs, etc., the failure to provide actual notice to a potential infringer could serve to limit the time period involving, and hence the amount of, damages recovered in litigation.
United States
29 Nov 2007
Case Emphasizes Importance Of Providing Clear Notice Of Change Of Online Terms
The U.S. Court of Appeals for the Ninth Circuit recently held that the proposed modification of an online terms of service agreement which was simply posted on the company’s website, was not effective against a company’s customer who had no notice that the terms had changed.
United States
13 Aug 2007
Licensees May Challenge A Patent Without Breaching License
We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed
United States
15 Jan 2007
Patent Injunctions: Is There Life After "eBay v. MercExchange"?
When both sides claim victory, it usually means no one is happy. Such is the sentiment following the U.S. Supreme Court’s decision in a closely watched patent case, eBay v. MercExchange. The key question was how easy it should be for a patent owner to put a stop to infringing activity.
United States
30 May 2006
Supreme Court Rules on Arbitration Clauses in Customer Agreements
Discussed in this article: Supreme Court Rules on Arbitration Clauses in Customer Agreements; NASD and MSRB Agree to Harmonize Rules Governing Sales of Mutual Funds and 529 Plans; ICI Requests 90-Day Extension of the Compliance Deadline for FINCEN’s New Correspondent Account Rule; Basel Committee Issues Revised Corporate Governance Guidelines; FRB Grants 23A Exemption for Foreign Tax Sharing Agreements and Federal Banking Agencies Issue QIS4 Summary.
United States
1 Mar 2006
OCC Rules State Lending Laws Not Preempted When National Bank Serves as Loan Pool Trustee
The OCC issued an interpretive letter ("Letter 1016") holding that federal law does not preempt state lending laws simply because the loans were purchased by national banks acting as trustees in connection with the issuance of mortgage-backed securities. A nonbank lender made the loans and sold them to the securitization trusts. When the national banks, acting as trustees, tried to foreclose on the loans the borrowers raised the New Jersey Consumer Fraud Act as a defense.
United States
23 Feb 2005
United States
6 Sep 2000
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