The In-House Advisor

  • The Value of a Non-compete Agreement to an Acquiring Company Can Be LimitedApril 10, 2017

    It is standard practice in M&A transactions for the acquired business to assign all of its contractual rights to the purchaser. While that may sound good in theory, depending upon how the underlying contracts are drafted, they could have little or no value to the purchaser. Indeed, as the Massachusetts Superior Court’s decision in NetScout,... Continue Reading

  • Confidential Communications With In-House Counsel Are Not Always PrivilegedMarch 16, 2017

    Next to a person’s Fifth Amendment right to remain silent, the attorney-client privilege is probably the most well recognized legal doctrine out there. Nevertheless, there are many nuances surrounding the privilege about which even seasoned lawyers are not very familiar. One of these deals with the fact that not all private communication between an attorney and... Continue Reading

  • 3 Practical Challenges for Employers Created by Legalized MarijuanaFebruary 23, 2017

    When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the workplace. Now, Massachusetts has legalized limited use of recreational marijuana. Although the recreational marijuana use law also provides that employers may prohibit... Continue Reading

  • Be Sure to Observe Formalities to Protect Business AssetsFebruary 08, 2017

    When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business. While the law absolutely permits this, a recent case in the Bankruptcy Court, In Re Cameron Construction & Roofing, is a good reminder... Continue Reading

  • Careful Drafting of Non-Competes and Other Restrictive Covenants Can Save the DayJanuary 04, 2017

    It generally is a defense to a breach of contract claim if the defendant proves that the plaintiff was the first one to materially breach the parties’ agreement. As a recent case from the Business Litigation Session of the Massachusetts Superior Court confirms, however, a plaintiff seeking to enforce a post-employment restrictive covenant can avoid... Continue Reading

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