IN THIS ISSUE
Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman Sachs Class Certification Fight, Delaware Supreme Court Affirms Dismissal of Derivative Action Against Metlife.
On March 22, 2021, in
Athru Group Holdings LLC v. SHYFT Analytics, Inc., et al., Judge Kenneth W. Salinger of the Business Litigation Session (BLS) of the Massachusetts Superior Court dismissed plaintiff Athru Group Holdings, LLC’s complaint in its entirety. The complaint alleged breach of fiduciary duties, fraud, breach of contract, and a violation of G.L. c. 93A against SHYFT Analytics Inc., Medidata Solutions Inc. and eleven other entity and individual defendants stemming from the 2018 merger between Medidata and SHYFT. The court’s dismissal decision rested on the court’s conclusion that there was no duty to disclose alleged p
Monday, April 5, 2021
Are the terms of an offer letter enforceable? If the offer is accepted, the answer is usually a resounding “yes,” even if the employment offered is only at-will
. See, e.g.,
Hooker v. Trusted Life Care, Inc., et al., No. 07-0174C, 2009 WL 839094, 6 (Mass. Super. Mar. 11, 2009) (an employer whose offer of employment was signed and accepted had a contractual obligation to allow the employee to begin employment, even if such employment could be terminated immediately). Needless to say, once employment is begun, protections, such as severance upon termination without cause, are triggered.
Recently, however, another case has been decided which provides a primer on potential pitfalls for executives switching jobs in uncertain times. In
Nine members named to Massachusetts new policing reform commission
By Chris Van Buskirk
A former Massachusetts Superior Court judge selected by Gov. Charlie Baker will head up the state s brand new commission tasked with certifying and holding police officers accountable.
The state s top executive and law enforcement official made public on Thursday their picks to the Massachusetts Peace Officer Standards and Training Commission. The state s new policing reform law required Baker and Attorney General Maura Healey to appoint members to the POST Commission by April 1.
The nine-member commission is one of the central parts of the reform law Baker signed at the end of December. Lawmakers have previously said it is the only civilian-led entity with the power to craft policing standards, certify law enforcement officers, and revoke officers certifications if they violate those standards.
I know what you are thinking . . . payment provisions have ALWAYS been key components of construction projects. Owners want to understand what they are paying for and that they are not .
Sheppard Mullin Richter & Hampton
Not your average game of patty-cake! Earlier this week, New York s First Department, Appellate Division issued its decision related to 200 Amsterdam, overturning the lower court s decision which.
Holland & Knight
These recent decisions come on the heels of earlier orders out of Georgia, Louisiana and Tennessee refusing to enjoin the CDC s order.
Becker & Poliakoff
This is one of those chicken and egg issues that has no clear answer. The statutes do not address it. Very few bylaws I have read address the issue.
Holland & Knight
Twenty-four members of the New York State Senate on Jan. 27, 2021, introduced S-3082, and 43 members of the New York State Assembly on Feb. 19, 2021, introduced A-5573 (collectively, the bills).