Product Description

This year’s annual Conference is a can’t-miss event! 

Get the latest update on new business litigation developments and important case law delivered in a dynamic, streamlined format by a stellar faculty of U.S. District Court and Massachusetts Superior Court Judges and preeminent practitioners. 

Hear insightful, practical tips from the trenches—and from the Bench. U.S. District Court Judges Jennifer C. Boal, Robert B. Collings, Judith G. Dein, Nathaniel M. Gorton, Timothy S. Hillman, F. Dennis Saylor IV, and Richard G. Stearns; and Business Litigation Session Judges Mitchell H. Kaplan, Edward P. Leibensperger, Christine M. Roach, and Janet L. Sanders discuss recent trends, important cases, and field questions in the ever-popular judicial panel sessions. 

And hear important insights on the evolving landscape of damages in Massachusetts, as well as key tips for navigating and litigating thorny issues in representations, warranties, indemnities, and post-closing adjustments when deals are in disarray and promises have not been kept. 

Get strategic perspective that only experience—and the Conference—can provide. Your time is valuable; let MCLE’s distinguished panelists quickly bring you up to speed on the latest business litigation developments essential to your practice.

Agenda & Materials

• 12:00 P.M. – 1:00 P.M.

  Year-in-Review: Top 10 Cases

  eLecture Add to Cart

  Analysis of their impact on your practice.

  Michael F. Connolly, Esq., Rubin and Rudman LLP , Boston
  Thomas S. Fitzpatrick, Esq., Davis, Malm & D'Agostine, PC , Boston
  
• 1:00 P.M. – 2:00 P.M.

  Business Litigation Session Judicial Panel

  eLecture Add to Cart

  Hon. Mitchell H. Kaplan, Superior Court, Business Litigation Session, Commonwealth of Massachusetts , Boston
  Hon. Kenneth W. Salinger, Superior Court, Business Litigation Session, Commonwealth of Massachusetts , Boston
  Hon. Janet L. Sanders, Superior Court, Business Litigation Session, Commonwealth of Massachusetts , Boston
  Thomas S. Fitzpatrick, Esq., Davis, Malm & D'Agostine, PC , Boston
  
• 2:00 P.M. – 2:15 P.M.

  Networking and Refreshment Break
• 2:15 P.M. – 3:15 P.M.

  Damages Under Massachusetts Law: The Evolving Landscape

  eLecture Add to Cart

  Get an update on important developments in the area of damages under Massachusetts law, including the types of damages available in contract, fiduciary duty, liquidated, and trade secret cases, and the parameters for admissible expert testimony. Hear from practitioners involved in some of the most notable recent cases, including the exclusion of lost profits expert testimony affirmed by the SJC in LightLab Imaging Inc. v. Axsun Technologies, Inc., and the approaches to business valuation taken in Beninati v. Borghi. And learn about the differences between an enforceable liquidated damages provision and an unenforceable penalty clause, as well as how to use liquidated damages strategically in settlement agreements and implement them as a litigation avoidance strategy.

  Shepard Davidson, Esq., Burns & Levinson LLP , Boston
  Anthony L. DeProspo, Jr., Esq.,
  John W. Moran, Esq., LeClairRyan , Boston
  Laurence A. Schoen, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC , Boston
  
• 3:15 P.M. – 4:00 P.M.

  Litigating the Miasma of Representations, Warranties, Indemnities, and Post-Closing Adjustments: Deals in Disarray and Promises Not Kept

  eLecture Add to Cart

  Learn about litigation issues that can arise when parties to a merger or acquisition suffer buyers’ or sellers’ remorse. Hear a discussion of the pros and cons of adjustment v. breach; learn how time limits on the survival of representations and warranties can impact potential claims; discover how to resolve litigation risk around materiality, knowledge, and exceptions; and consider how claims against third-party professionals who assisted in the transaction as counsel or investment banker, or furnished audit reports on financial statements, can impact litigation strategy and business issues.

  Hon. Debra A. Squires-Lee, Superior Court, Commonwealth of Massachusetts , Boston
  Matthew E. Miller, Esq., Foley Hoag LLP , Boston
  
• 4:00 P.M. – 5:00 P.M.

  Federal Judicial Panel

  eLecture Add to Cart

  Hon. Jennifer C. Boal, U.S. District Court, District of Massachusetts , Boston
  Hon. Robert B. Collings, U.S. District Court, District of Massachusetts , Boston
  Hon. Judith G. Dein, U.S. District Court, District of Massachusetts , Boston
  Hon. Nathaniel M. Gorton, U.S. District Court, District of Massachusetts , Boston
  Hon. F. Dennis Saylor, IV, U.S. District Court, District of Massachusetts , Boston
  Hon. Richard G. Stearns, U.S. District Court, District of Massachusetts , Boston
  Michael F. Connolly, Esq., Rubin and Rudman LLP , Boston
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Cochair

Faculty