Welcome to your daily briefing on legal developments in Massachusetts. Today we're covering 9 key stories including updates on massachusetts legal headlines, massachusetts legal updates, background & context. Let's dive in.
4 stories
CorpNet has published contact and document filing information for the Massachusetts Secretary of State to help create or maintain businesses.
Legal professionals advising Massachusetts clients on entity formation or compliance can use this centralized resource to streamline Secretary of State filings.
A new online resource allows users to run background checks and access Massachusetts court records publicly.
Legal professionals in MA may find this centralized portal useful for quick preliminary record checks and client intake screening.
The United States Bankruptcy Court provides online case information and documents through PACER, which requires registration and now waives fees for users who accrue $30 or less in charges per quarter.
Massachusetts legal professionals handling bankruptcy matters can reduce research costs by tracking PACER usage to stay under the quarterly fee waiver threshold.
PACER provides information about accessing and filing federal court records electronically, with resources for using the system.
Massachusetts legal professionals rely on PACER for federal court filings and research in the District of Massachusetts and the First Circuit.
Reach professionals in this market
2 stories
An investor claims that Boston lawyers mishandled an asset sale, resulting in losses exceeding $1.85 million.
The case highlights potential malpractice exposure for MA attorneys handling complex transactions and may signal increased scrutiny of fiduciary duties in asset sales.
Form and manage your LLC with the Massachusetts Secretary of State business office. Learn filing steps, compliance rules, and reporting requirements.
Relevant to legal professionals operating in MA.
3 stories
Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.
A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.
A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.
Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
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