There is too much focus in the auto insurance marketplace on price. Most consumers don’t fully understand the terms of their auto insurance policies, so price often becomes the primary measure of a “good” policy, neglecting proper coverage for the risks one faces as a driver, pedestrian, cyclist, or passenger in someone else’s car. Among […]
I. Background—Cantor Fitzgerald v. Ainslie The Delaware Supreme Court case, Cantor Fitzgerald v. Ainslie,[1] decided in January 2024, was groundbreaking as to the enforceability of forfeiture-for-competition and clawback provisions in equity and deferred compensation arrangements. Cantor Fitzgerald dealt with a partnership dispute at the investment firm Cantor Fitzgerald, and overruled the Delaware Chancery Court’s decision, leading to the
Enforceability of Forfeitures-For-Competition and Clawbacks Under Delaware Law Read More »
On October 15, 2024, the U.S. Department of Labor (DOL) announced that it will be targeting seven contractual provisions that the DOL considers to be “coercive.” If employers disobey, they open themselves up to legal liability. The targeted contractual provisions are as follows: A. Requiring Workers To Wave Wage and Hour Rights Currently, some employers
Advisory: Coercive Contractual Provisions Read More »
As an executive employment lawyer focusing on employment agreements and severance arrangements, identifying the sources of my client’s leverage for negotiations is critical. Having access to reliable information on pay can provide valuable leverage, as well as “ammunition” for potential claims of employment discrimination, retaliation, unequal pay, and more. Historically, executive lawyers and advocates have
The New Massachusetts Pay Transparency Law: An Executive Employment Lawyer’s Perpective Read More »
In a recent decision, Meehan v. Medical Information Technology, Inc., SJC-13117 (Dec. 17, 2021) the Massachusetts Supreme Judicial Court (SJC) held that the termination of an employee’s employment based solely upon an employee’s submission of a rebuttal to a negative performance evaluation violates the public policy exception to the employment at-will doctrine. Although the employment law bar will undoubtedly debate the significance
There are many layers of risk involved in the context of different employment relationships. One source of unexpected liability for businesses is when a business is deemed to be a “joint employer” of an employee and therefore subject to certain employment laws. This may occur, for example, when a business leases employees from an employee leasing firm, or relies upon temporary employees from a staffing agency.
As a passionate cyclist and a 15-year Pan Mass Challenge Rider who was badly injured by a reckless driver, we offer you this Bicycling Resource. Click here or the image to download the PDF resource.
Bicycle Safety Resources Read More »
We compiled a number of links to support you during your job search. Click here or the image to download the PDF.
Job Search Resource (PDF) Read More »
Please see the linked Massachusetts Lawyers Weekly article regarding non-competition agreements and the material change doctrine, by which a material change to the terms and conditions of someone’s job may affect the validity of a non-competition agreement. Where to read: Mass Lawyers Weekly website (subscription required) Michael Chinitz LinkedIn profile Or download the PDF copy.
Shift in duties doesn’t void noncompete Read More »
It is a nice compliment to be featured as a commentator today in Massachusetts Lawyers Weekly alongside my good friend and noncompetition/trade secret law guru, Russell Beck! See the article below. Where to read the article: Mass Lawyers Weekly website (subscription required) Michael Chinitz LinkedIn profile Or download the PDF copy.
1st Circuit affirms injunction in non-solicitation case Read More »