Companies that close a venture capital financing usually have multiple investors. Customarily, there will be a venture capital firm or other institutional investor that leads the investment round by investing the most money (referred to as the Lead Investor) and other investors that follow on with smaller investment amounts (referred to as the Follow-On Investors). The Follow-On Investors could...

PS&H Partner Paul Kessimian, Chair of the firm’s Litigation Practice Group, shared his thoughts with RI Lawyers Weekly on the recent adoption of deposition conduct standards by U.S. District Court Judge John J. McConnell Jr. In the case of Soares v. Prospect CharterCARE SJHSRI, LLC, et al., Judge McConnell found that the rules of conduct, established 25 years...

By Alicia J. Samolis On Friday, Governor Charlie Baker signed into law An Act (the “Act”) relative to the judicial enforcement of noncompetition agreements that fundamentally changes the way noncompetition agreements are regulated in Massachusetts. The Act severely limits the use of agreements signed after October 1, 2018 which restrict an employee’s or independent contractor’s ability to...

The concept of voluntarily restructuring solvent insurers has been met with some skepticism in the United States.  Sure novating and commutating policies of insolvent insurers have been, at times, necessary, but legally novating (replacing one insurer with another) policies of a solvent insurer? The purpose behind voluntarily restructuring is self-evident: to use otherwise tied-up capital...

PS&H employment partner, Alicia Samolis was asked by RI Lawyers Weekly to comment on the recent decision in Daquay v. General Dynamics Electric Boat Corporation, which hinged on the question of whether or not the plaintiff’s claim was time-barred. U.S. District Court Chief Judge William E. Smith found that a former employee of a federal contractor...

On July 31, the Massachusetts Legislature passed an omnibus economic development bill. Of major significance, the bill contains provisions that fundamentally change the way employee noncompetition agreements are regulated in Massachusetts. While the legislation does not abolish noncompetition agreements in the Commonwealth, the legislation substantially limits the terms upon which employers can enter into noncompetition agreements with...

PS&H employment partner and Chair of the Labor & Employment Group, Alicia Samolis, provided comment to RI Lawyers Weekly on the recent 1st U.S. Circuit Court of Appeals decision in Carlson v. University of New England.  The Court’s decision reinstated a case involving claims of a retaliatory transfer of a professor following her complaints of sexual...

Overview On Wednesday June 21, 2018, the U.S. Supreme Court released its decision in South Dakota v. Wayfair, Inc., et. al., (585 U.S.  __ (2018)) holding that South Dakota’s sales tax statute does not violate the Commerce Clause of the U.S. Constitution. The decision opens up the door for states to tax out-of-state sellers including sales over...

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