Massachusetts

Expert Analysis

• How Warren Bill Would Change Liability For Corporate Execs

  

  If the criminal penalties in the Corporate Executive Accountability Act — recently proposed by Sen. Elizabeth Warren, D-Mass. — ever became law, they would usher in sweeping implications for the way big companies approach their legal compliance efforts, say Stephen Cheng and Noah Smith of The Volkov Law Group.

• State Net

  The Potential Effect Of State E-Cigarette Regulations

  

  To curb skyrocketing e-cigarette use among teenagers, at least 10 states have introduced bans on the sale of flavored tobacco products. These proposed bans — especially the stricter measures California and Hawaii are considering — could hinder the overall tobacco industry's growth, says Korey Clark of State Net Capitol Journal.

• Revamping Your Approach To Client Development

  

  As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

• The Art Of Using Preemption To Defend Wage-And-Hour Cases

  

  As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study preemption as a potential defense, says Michael Giambona of McDermott.

• What Lawyers Must Know Before Acting As Escrow Agents

  

  The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

• Freelance Attorneys Are An Asset To In-House Legal Teams

  

  With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

• Rules For Mass. Discrimination Claims Could Get Revamped

  

  While most of the proposed procedural changes at the Massachusetts Commission Against Discrimination appear to be designed for the convenience and efficient operation of the commission, a few may leave some complainants at a disadvantage, say Brian MacDonough and Jaclyn McNeely of Sherin and Lodgen.

• State Net

  California's Data Protection Law: Not Quite A Done Deal

  

  The California Consumer Privacy Act, the first law of its kind in the nation, doesn't take effect for another 10 months — which, to lawmakers, tech companies and maybe even Gov. Gavin Newsom, means there is still plenty of time to change it, says Rich Ehisen of State Net Capitol Journal.

• OFCCP Case Sheds Light On Pay Equity Analysis Techniques

  

  A U.S. Department of Labor judge's recent ruling in Office of Federal Contract Compliance Programs v. Analogic highlights several issues that the OFCCP and contractors must consider when conducting statistical analyses of alleged discriminatory pay practices, say Kevin Weissman and Gurkan Ay of Resolution Economics.

• Book Excerpt

  'Big Tech' Questions Echo Early Days Of US Corporate Law

  

  The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

• Opinion

  Auditors Are Not Watchdogs

  

  Comments made by several justices of the Massachusetts Supreme Judicial Court at oral argument in Chelsea Housing Authority v. McLaughlin reflect a basic misunderstanding of independent auditors' responsibilities, and the function of an audit in general, say Lisa Wood and Matthew Miller of Foley Hoag LLP.

• Setting The Record Straight On Women In Court Reporting

  

  Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

• Opinion

  Limiting Supreme Court's Size Is Not Enough

  

  The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

• State Net

  A Limited Victory For Pension Reform

  

  Earlier this month, the California Supreme Court upheld a reform that stripped public employees of the right to buy credits to boost their pensions. Across the country, states and their pension funds are facing up to the recurrent problem of unfunded liabilities to an unprecedented degree, says Lou Cannon of State Net Capitol Journal.

• What's Ahead For Autonomous Vehicle Test Driver Regs

  

  After a handful of crashes over the last 18 months, all aspects of autonomous vehicle technology have come under increased scrutiny by regulators and lawmakers. Now test driver qualifications are under the microscope as well, say Eric Tanenblatt and Crawford Schneider of Dentons.