The In-House Advisor

  • Protecting Privileged Information From Former Senior Managers Can Be TrickySeptember 08, 2017

    As most attorneys know, a privileged communication only can be waived by the client, and when the client is an individual, it is obvious who controls that ability to waive. Things become murkier, however, when the client is a company. While controlling the privilege generally resides with the board of directors and/or those controlling the business entity, who can access privileged communications when a former senior manager becomes adverse to the company is far less clear. Until the end of 2016, John Mooney was the... more

  • Collecting Information Through Deception Should Not Be Undertaken LightlyAugust 10, 2017

    While Rules 4.1(a) and 8.4(c) of the Massachusetts Rules of Professional Conduct prohibit attorneys from making false statements to third parties and/or engaging in conduct that is dishonest, fraudulent or involves misrepresentations, attorneys (and/or their agents) can use deception to act as “testers” to determine, for instance, if people are engaging in discriminatory or other illegal conduct. Nevertheless, as the plaintiff’s attorneys in Leysock v. Forest Laboratories, Inc. recently found out, getting creative in seeking to dupe people into providing information to bolster a claim... more

  • MA Employers Beware: Employees Have a Right to Use Medical MarijuanaJuly 19, 2017

    In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully use medical marijuana, as doing so is tantamount to denying a request for a reasonable accommodation under the Commonwealth’s disability discrimination laws. In Barbuto v. Advantage Sales and Marketing, LLC, the SJC reversed the dismissal of an employee’s handicap discrimination claim, alleging that her employer terminated her because of her lawful medical use of marijuana, and failed to engage in an interactive process... more

  • Even a Clear Choice of Law Provision Can Be VulnerableJune 27, 2017

    When two parties reside and/or conduct business in different states, any agreement between them almost always has a choice of law provision. Typically, such a clause is as simple as: “The Parties agree that this Contract shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.” As the Superior Court held earlier this month in Oxford Global Resources, LLC v. Hernandez, however, such simple and straight-forward language is no guaranty that a court will abide by it. Oxford is a... more

  • Tips From The Inside: Mark Bowers, Division Counsel and Senior Director, Samsung Pay, Inc.June 12, 2017

    In this installment of The In-House Advisor, we interview Mark Bowers, Division Counsel and Senior Director at Samsung Pay, Inc., Samsung Pay is a mobile payment and digital wallet service that enables users to make payments using Samsung phones and other mobile devices. Mark’s role involves overseeing all of Samsung Pay’s legal needs, including contracts, compliance, litigation, HR support, real estate, management of the IP portfolio, marketing, product development, among other things. The In-House Advisor: The role of in-house counsel has changed a lot over... more

Email Confirmation

Thank you for your interest in Burns & Levinson LLP. Please be aware that unsolicited e-mails and information sent to Burns & Levinson though our web site will not be considered confidential, may not receive a response, and do not create an attorney-client relationship with Burns & Levinson. If you are not already a client of Burns & Levinson, do not include anything confidential or secret in this e-mail. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not authorized to do so.

By clicking "OK" you acknowledge that, unless you are a current client, Burns & Levinson does not have any obligation to maintain the confidentiality of any information you send us.