Welcome to your daily briefing on legal developments in Massachusetts. Today we're covering 8 key stories including updates on massachusetts legal headlines, massachusetts legal updates, background & context. Let's dive in.
4 stories
A web-based resource now allows users to run background checks and access Massachusetts court records online.
For MA legal professionals, streamlined digital access to court records can support due diligence, case preparation, and client intake workflows.
Legal professionals can now access U.S. Bankruptcy Court case information and documents online through the PACER Service Center, with fees waived for quarters with $30 or less in charges.
Massachusetts legal professionals handling bankruptcy matters can streamline document retrieval and reduce research costs through this electronic access system.
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 district and bankruptcy court filings and research in the Commonwealth.
An investor claims to have suffered more than $1.85 million in losses due to errors by Boston attorneys handling an asset sale.
MA legal professionals should note the significant malpractice exposure and due diligence standards at stake in complex commercial transactions.
Reach professionals in this market
1 story
The Massachusetts Secretary of State business office has published guidance on forming and managing LLCs, including filing steps, compliance rules, and reporting requirements.
Corporate and business attorneys in MA need current filing procedures and compliance timelines to properly advise clients on entity formation and ongoing obligations.
3 stories
Beyond civil-rights and consumer-protection statutes, many MA jurisdictions have fee-shifting provisions in landlord-tenant, mechanics' lien, insurance bad-faith, and construction-defect contexts. Pleading the fee-shifting statute in the complaint is typically required to preserve the right to recover.
A fee-shifting case has fundamentally different settlement dynamics than a non-fee case, especially in low-damages disputes where fees can dwarf the underlying claim.
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.
A consistently followed retention policy provides a defense against spoliation claims when documents are destroyed in the ordinary course before litigation was anticipated. Without a policy, every routine deletion looks like targeted destruction in hindsight.
Adverse-inference instructions arising from spoliation routinely turn winnable cases into losses. A documented policy, consistently applied, is the cleanest defense available.
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