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The B&B Docket Blog:

Developments in the Dynamic World

of Business and Employment Law

B&B Attorney Belfort Quoted by Boston Herald As To Standards In EEOC Hiring Bias Investigation

We are pleased to announce that on May 24, 2012, Bennett & Belfort, P.C. attorney David E. Belfort was quoted in the newspaper, The Boston Herald, in an article entitled "Marylou’s hit with discrimination inquiry: Coffee house chain bitter over federal ‘witch hunt.’"  In the context of an EEOC investigation into the coffee shop chain, Marylou's, Mr. Belfort was asked by the reporter to opine on…
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NON-COMPETE ENFORCEMENT: THE DEFENSES OF MATERIAL JOB CHANGES AND WRONGFUL CONDUCT

Two recent Massachusetts Superior Court decisions have refined the considerations used to examine the enforcement of non-compete agreements, and whether a material change in one’s employment status is a valid defense.  When evaluating non-compete agreements, no two situations are exactly alike and therefore the analysis is individualized and fact intensive. In Grace Hunt IT Soutions v. SIS Software, LLC, (Suffolk Superior…
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RECENT RULING HIGHLIGHTS THE IMPORTANCE OF DAMAGES PROVISIONS IN COMMERCIAL LEASE CONTRACTS

A recent Massachusetts Appeals Court ruling highlights the importance of negotiating and drafting applicable damages provisions in commercial lease contracts.  When possible, landlords must seek a well-drafted liquidated damages provision in each commercial lease agreement, providing for the landlord’s ability to accelerate rent for the balance of the lease term in the event of a tenant default.  Conversely, tenants will want to eliminate…
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B&B Attorneys Participate in MCLE Panel: Employment Law Update 2012

We are pleased to report that on April 9, 2012, Bennett & Belfort, P.C. attorney David E. Belfort served as an invited speaker in Massachusetts Continuing Legal Education, Inc.’s (“MCLE”) conference entitled ‘Employment Case Law, Legislative Developments & Trends Update 2012.’ Attorney Belfort’s presentation focused on evolving trends and developments in employment law for the past year in the areas…
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PREGNANCY: A DELICATE CONDITION WITH ROBUST LEGAL PROTECTIONS

Pregnancy discrimination involves the disparate (different) treatment of a female applicant or employee because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The federal Pregnancy Discrimination Act (“PDA”) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and…
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SOX WHISTLE BLOWING PROTECTIONS ONLY COVER EMPLOYEES: NOT INDEPENDENT CONTRACTORS

In a split opinion, the Federal First Circuit Court of Appeals in the matter of Lawson, et. al. v. FMR LLC. et. al. , found that Sarbanes-Oxley (“SOX”) s.806 (18 USC s.1514A) , a statute enacted to encourage the reporting of illegal conduct by employees of publicly traded companies, does not protect contractors of such companies who ‘blow the whistle’…
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B&B Attorney Published in MBA Lawyers Journal

Bennett & Belfort, PC is pleased to announce that Attorney Michael L. Mason's article, "Taking Exception: The Universal Demand Requirement and Close Corporations," was published in this month's issue of the Massachusetts Bar Association's Lawyers Journal.  The article, in which Attorney Mason advocates for an exception to the rule that requires a demand prior to filing shareholder derivative litigation, is available…
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Federal Court Dismisses Associational Discrimination Claim

Recently, the Federal District Court (Massachusetts) dismissed a claim filed by an employee claiming that he was discriminated against and ultimately wrongfully terminated because of his wife’s disability, highlights a growing divergence between federal and state law on the subject. In a strongly-worded decision issued last month, the Federal District Court, Gertner, J., dismissed a disability discrimination claim based on…
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