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Recent Articles from Eric T. Berkman
Lawyers of the Year: Dawn M. Mertineit
When the Massachusetts Noncompetition Agreement Act, which limits the use of noncompetes in the commonwealth, took effect in 2018, many in the employment bar believed it applied exclusively to noncompetes and not to other restrictive covenants.
Lawyers of the Year: David R. Yannetti
In January 2022, during what Boston criminal defense lawyer David R. Yannetti recalls as one of the biggest snowstorms since the Blizzard of ’78, he received a call from a woman who thought police suspected her of a crime.
1st Circuit reinstates legal-mal suit against patent firm
The 1st Circuit reinstated a legal malpractice suit, finding an implied attorney-client relationship and reviving claims tied to disputed patent ownership.
Lawyers: SJC ruling offers clarity on how Whistleblower Act meant to work
The SJC ruled a Roxbury Community College employee engaged in protected whistleblower activity over failure to report sexual assault claims under the Clery Act.
PI defendant not insured by grandmother’s homeowner’s policy
The Appeals Court ruled a homeowner’s policy did not cover a $300,000 injury judgment against an adult grandson despite claims of financial dependence.
‘Cell tower dump’ required a warrant, federal judge rules
A federal judge ruled cell tower dumps are Fourth Amendment searches requiring warrants, but denied suppression under the good-faith exception.
Parent can opt child out of LGBTQ+ curriculum
A federal judge ruled schools must notify parents and allow opt-outs when LGBTQ+ curriculum may burden religious beliefs, citing a Supreme Court precedent.
Truck-driving instructor not entitled to overtime pay
A Massachusetts judge ruled a CDL instructor at a for-profit truck-driving school is exempt from overtime under the Wage Act as a teaching professional.
Liquor license lawyers parse ruling upholding lease provision
Massachusetts SJC ruled a commercial landlord may enforce a lease provision barring a tenant from pledging a liquor license as loan collateral.
Defense bar hails new guidance from SJC on sex offender GPS monitoring
The Massachusetts SJC ruled judges must consider the length of GPS monitoring on sex offender probation, finding duration key to Fourth Amendment reasonableness.
Software company lacked ‘downstream’ liability for data breach
The 1st Circuit ruled a software vendor cannot face downstream liability for a data breach where no vicarious relationship supported equitable indemnification.
1st Circuit tosses FCA claim against medical lab
The 1st Circuit ruled labs may rely on physician orders to show medical necessity in Medicare FCA cases, affirming summary judgment for MD Labs.
