Today, the United States Department of Justice is litigating against the largest tech companies, claiming they constitute illegal monopolies. This also is not just a Democratic-party aggressive liberal effort at control: in 2019 the Trump DOJ launched investigations of Google, … Continue reading
Category Archives: The Law
After a summer spent on the law practice and some time on the Cape, it is time to pick up the cudgel of posting on the law and, as the name of this site suggests, also about anomalies. Which brings … Continue reading
A new Delaware law effective August 1 but applying retrospectively, overturning a contrary court decision, makes it clear that when investors in a Delaware-formed company obtain contractual rights which limit what that corporation can do, those “negative covenants” are in … Continue reading
That college athletes can be paid has become common knowledge and widely reported. What has escaped careful analysis is the May settlement by the NCAA of three antitrust law suits claiming damages for prior failure to compensate college athletes. First, … Continue reading
Delaware law is known to be friendly to management and to boards of directors. Company founders and investors long have favored Delaware corporate law as being best for establishing good governance, predictability of result, and freedom from strike suits by … Continue reading
First, there is no rush for employers or employees to react; the original FTC Rule was to take effect after 120 days of publication, but as anticipated litigation has been entered by several parties including the US Chamber of Commerce … Continue reading
The adopted FTC Rule voids all present and future employee non-comps after a 120 day waiting period. This Rule will surely be challenged in court and such a challenge likely will delay implementation. It should be noted that the scope … Continue reading
Last week, the US Patent and Trademark Office issued guidance asking that lawyers submitting patent applications limit the number of references cited in the filing as constituting “prior art;” prior art refers to older inventions that should be considered in … Continue reading
Today the National Association of Corporate Directors/New England and the Massachusetts Business Roundtable presented a panel program about making Massachusetts the leader in hosting businesses that support climate sustainability. Globe business reporter Jon Chesto chaired the meeting. The accepted assumption … Continue reading
Some investment advisers provide service only over the internet. Until now they filed ADVs (disclosure of their practice) with the SEC but did not need to register with the SEC. Until now they could advise only over the internet except … Continue reading