To Arbitrate or Not to Arbitrate– That is the Question

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Arbitration – the private means of resolving a dispute – is a well- accepted and often encouraged alternative to the court system. Whether arbitration is the right choice for your business contract, however, is a more nuanced question.  As a starting point, all contracts should contain language regarding the resolution of disputes, including which state and/or country’s law will apply, where disputes will be resolved (a particularly important issue when parties are located in different states or countries) and whether arbitration or the court system will be used. It is this last choice that is the focus of this article.

Newsletter_March 2016

Newsletter: EEOC Updates Pregnancy Rules

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For the first time in 30 years, the federal Equal Employment Opportunity Commission (EEOC) has substantially updated its rules concerning pregnancy discrimination.

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Newsletter: When a Release Doesn’t Release; December ruling requires different treatment regarding Massachusetts Wage Act

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Massachusetts employers may need to use new language in their releases, based on a December 2012 Supreme Judicial Court case.

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How New Trade Secret Legilation Impacts Pharma Compliance Programs

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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.

Chapter 93 A and Post-Employment Conduct

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By Marc C. Laredo

The Massachusetts Unfair and Deceptive Trade Practices Act (Chapter 93A) does not apply to disputes between employers and employees or among members of the same legal entity. It is far less clear as t whether and when a Chapter 93A claim will survive when it concerns conduct or events that occur after the employment relationship has ended. This article provides an overview of Manning v. Zuckerman and discussion of various employment-related contexts under which the “Manning Rule” applies. Among other points, the article also covers the need for clear appellate authority in this area.

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