Matthew Kane Authors Mass Lawyers Weekly Opinion Article on Uber and Lyft

Matthew Kane authored an article for the September 19th edition of Massachusetts Lawyers Weekly entitled, “For Uber and Lyft, a Set of Rules to Call Their Own.” The article discusses a new law in Massachusetts to regulate transportation network companies. The law creates new rules for TNC drivers and their vehicles that will gradually go into effect over the next 15 months.  For more information, or to get a copy of the full article, please contact Matthew Kane.

Uber and Lyft Mass Lawyers Weekly Article

Jessica Conklin Quoted in Massachusetts Lawyers Weekly

Jessica Conklin, co-founder of BANG (the Boston Associates’ Networking Group), was quoted in a recent Massachusetts Lawyers Weekly article about the group’s creation and early success.  Published on May 16th, the article shares the origins of the group, whose mission is to provide a platform for associates in small law firms to connect.

BANG in Mass Lawyers Weekly

The Importance of a Written Agreement Among the Owners of a Family Business

When it comes to family, we don’t like the formality of a written agreement. Somehow, it makes everyone feel tainted, and too business-like. After all, if you can’t trust a family member, who can you trust?

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This article first appeared in Massachusetts Family Business, Summer 2014.

Is Confidentiality Really Forever Even if the Client Dies or Ceases to Exist?

Which is the right result? Does client confidentiality live forever? What if the client is an entity rather than an individual? Should public figures be treated differently from ordinary private citizens after death? Should there be some point in time—50 or 100 years—when the right to confidentiality expires? Who will enforce the privilege once all the participants are dead? These questions have important implications for attorneys, law firms, and corporate entities.

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This article first appeared in the American Bar Association – The Journal of the Section of Litigation Vol. 40 No. 3 Spring 2014.

Statutory Proposals for Settlement in Probate and Trust Litigation

Payal Salsburg co-authored an article for the Florida Bar Association’s Real Property, Probate & Trust Law Section publication, ActionLine.  Her article is entitled Statutory Proposals for Settlement in Probate and Trust Litigation and reviews the scope of the statute and dissects some of the appellate opinions for interpreting the statute.

ActionLine, Spring 2013

When May a Corporation Assert the Attorney-Client Privilege and the Work Product Doctrine Against Its Own Directors?

What happens when important principles of corporate governance—the right of a company to unfettered, confidential legal advice and the responsibilities of a director of a corporation—clash? This is the dilemma addressed by the Supreme Judicial Court in Chambers v. Gold Medal Bakery, Inc.

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This article first appeared in Massachusetts Law Review Vol. 95, No. 3, a publication of the Massachusetts Bar Association.

Unlocking Instrinsic Value Through Appraising Rights

By Laredo & Smith

The Delaware Courts have made clear that fair value in the context of an appraisal of a corporation’s going concern is distinct from a market-based merger price for the stock of that corporation. This article covers the instrinsic value of appraisal rights.

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This article first appeared in the Law 360, September 2013.

How New Trade Secret Legilation Impacts Pharma Compliance Programs

By Laredo & Smith

Two enacted criminal statutes have raised the stakes not only for individuals and corporations that misapporpriate another company’s trade secrets, but also for the companies responsible for safeguarding those trade secrets from theft. For the legal, human resources, and complaince departments of a pharmaceutical company, these statutes create both risks and opportunities and underscore the importance of re-assessing the company’s policies, training and internal controls relating to trade secrets and other proprietary information. This article outlines how taking proactive measures, pharmaceutical companies can leverage the strengthened EEA to improve an often neglected but increasingly important area of compliance that is directly tied to entrerprise risk management.

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This article first appeared in the Pharmaceutical Compliance Monitor, March 2013.

Caronia and the ‘New’ 1st Amendment Safe Harbor

By Laredo & Smith

The Second Circuit decision vacating Alfred Caronia’s criminal misbranding conviction on free speech grounds has been hailed as a landmark First Amendment case and a victory for the pharmaceutical company. Although lawyers and commentators have been arguing since the 1990s that off-label promotion (at least when accurate and non misleading) deserves some constitutional protection under the First Amendment, prior to Caronia efforts to get the issue before the federal courts have come up short. Amendment protection, will the U.S. Food and Drug Administration someday have to consider drafting guidance on a First Amendment safe harbor?

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This article first appeared in the Law 360, December 2012.

What CPAs Need to Know About Shareholder Duties in Closely-Held Corporations in Massachusetts

By Marc. C. Laredo

CPAs need to understand the rights and obligations that shareholders of closely-held businesses in Massachusetts owe to one another. CPAs also play a critical role in helping shareholders craft agreements and resolve disagreements among themselves. This article provides an overview of the legal framework in which closely-held corporations in Massachusetts function, including the definition of a closely-held corporation, the general rules that govern the shareholders of these entities, the importance of careful planning to avoid disputes among shareholders, and available remedies when disputes do arise.

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This article first appeared on, Summer 2009.