We are proud to announce that partner Emma Quinn-Judge is being honored as one of the 2017 Top Women of the Law by Massachusetts Lawyers Weekly. The annual award recognizes women lawyers for outstanding accomplishments in the legal community who have distinguished themselves as leaders. Emma has a litigation practice…
Boston Lawyer Blog
Massachusetts Legislature Passes Pregnant Workers Fairness Act
Yesterday the Massachusetts Senate unanimously passed Senate Bill 2093, the Pregnant Workers Fairness Act (PWFA). Last month the House unanimously passed a similar bill, H. 3680. The PWFA is headed to Governor Charlie Baker, who has indicated he will sign it. What is the Pregnant Workers Fairness Act? The PWFA…
Massachusetts Needs a Working Educational Discrimination Law
Massachusetts is often lauded as one of the most progressive states in the country, and our state civil rights laws routinely provide broader protections than their federal counterparts. So it may come as a surprise that Massachusetts does not have a functional state counterpart to federal laws prohibiting discrimination in…
What Kind of Notice Should Universities Give Students Facing Title IX Charges?
In the world of disciplinary hearings under Title IX, the process for students accused of sexual harassment or sexual assault on campus often begins this way: an accused student (the “respondent” in campus disciplinary parlance) is called into a meeting with a school administrator and informed of a disciplinary charge…
SJC Opens Up Pretrial Diversion to Veterans, Even for Drunk Driving Cases
For over 40 years, Massachusetts has had an avenue of pretrial diversion in criminal cases, which allows young individuals accused of less-serious crimes to avoid a criminal record. Specifically, defendants under age 22 with no prior convictions who are charged in state District Court (or the Boston Municipal Court) can…
The Rule 41(b) Amendments Have Serious Implications for our Constitutional Rights, Judicial Economy, and Global Surveillance Policies
As I previously wrote , in December 2016 Rule 41 of the Federal Rules of Civil Procedure was changed to give law enforcement more expansive authority to conduct searches of computers. How the new procedural rule will interact with core constitutional values and established legal principles, as well as what the…
Big Changes to a Little-Known Rule: Rule 41(b) and the Unlawful Search that Paved Its Way
In December 2016, a federal policy-making body known as the Judicial Conference of the United States made it much easier for federal law enforcement to hack into private computers and mine personal data regardless of the computer’s location. It did this simply by changing Rule 41 of the Federal Rules…
In Cardno ChemRisk v. Foytlin, the SJC Slaps Down Attack on Protected Speech
At a time of increasingly public protests, the Supreme Judicial Court recently reaffirmed its commitment to protecting speech here in Massachusetts. Under Masschusetts’s Anti-Strategic Litigation Against Public Participation law (“Anti-SLAPP”), defendants can move to dismiss a lawsuit filed against them if that lawsuit targets their attempt to influence a government…
Owen Labrie’s Attempt to Get a New Trial Illustrates Serious Problems with Criminal Laws Related to Computer Sex Crimes
About a year and a half ago we mentioned the Owen Labrie case in New Hampshire, where an 18-year-old senior at the St. Paul School was charged with a variety of crimes, including forcible sexual assault, of a 15-year-old at the school. To briefly review the case: Labrie was alleged…
SJC Punts Again on Global Remedy, But Adopts New Protocol to Resolve Dookhan Drug Cases More Quickly
Over the last several years, the Massachusetts criminal justice system has been rocked by misconduct in state-run drug labs. First, and so far most significant, Annie Dookhan, a chemist at the Hinton State Lab in Jamaica Plain, tainted over 42,000 state convictions by employing several different scientific shortcuts to boost…