Business Torts in Massachusetts

Comprehensive and practical guide

Product Number: 2163196WFM
Publication Date: 1/29/2016
Edition: 2nd Edition 2016
Copyright: © 2016 MCLE, Inc.
Add to Favorites List

Business Torts in Massachusetts

Comprehensive and practical guide

Your Selection:

Burdens of Proof in Defamation Cases Exhibit 9D from Business Torts in Massachusetts $15.00; Members $13.50; New Lawyers $7.50 Free for OnlinePass subscribers.

Add to Cart Member and new lawyer discounts applied in cart.

All chapters and exhibits from Business Torts in Massachusetts may be purchased individually. Expand the Table of Contents below to see all options.

Also Available:

Print Book Add to Cart

1352 pages in 2 volumes with downloadable forms $265.00; Members $238.50; New Lawyers $132.50

eBook Add to Cart

1328 pages in PDF format $265.00; Members $238.50; New Lawyers $132.50 Free for OnlinePass subscribers.

eArticles

See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.

eChecklists and eForms

See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.

Product Description
Product Description

The term "business torts" has been used to describe a wide range of actions, from traditional common law torts, such as fraud and interference with contract, to claims grounded in state or federal statutes, such as actions under Chapter 93A or the Copyright Act. Business Torts in Massachusetts covers this extensive ground systematically and thoroughly, addressing each of these areas with highly practical guidance for business counsel and litigators. Analysis of each area includes a presentation of the elements of the claim, a discussion of the available remedies, and practical advice for litigating the claim and counseling the client.

Recent updates:
- Update: January 2016
  Dear Subscriber:
  
  Thank you for updating your library with the 2016 edition of Business Torts in Massachusetts . This latest edition brings updated resources within your immediate reach for fast, accurate, and practical answers to your questions.
  
  The 2016 edition incorporates more than thirteen years of accumulated experience in business litigation practice since publication of the book's first edition in 2002. Important developments have taken place in virtually all of the areas covered by the book, reflected in hundreds of new case and statutory references, extensively revised practical guidance from the authors, and numerous updated exhibits, including sample complaints and jury instructions.
  
  Among the many topics addressed by the book's revisions are
  - fraud and misrepresentation;
  - interference with contractual relations and breach of fiduciary duty;
  - infringement of intellectual property rights;
  - disputes relating to trade secrets and noncompetition agreements;
  - Chapter 93A claims;
  - securities, franchising, and lending disputes; and
  - legal and accounting malpractice.
  Each of the judges currently sitting in the Business Litigation Session of the Superior Court has contributed judicial commentary to this edition, and the book's ethics commentary has been substantially updated as well.
  
  In addition to the topics covered by the first edition, the 2016 edition includes a new chapter by C. Max Perlman on civil causes of action enabled by the Computer Fraud and Abuse Act and other computer-related statutes, reflecting the increasing role that such statutes play in ongoing business litigation.
  
  We trust you will find this latest version of Business Torts in Massachusetts an invaluable resource for your busy practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq., MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Fraud and Negligent Misrepresentation
Buy Chapter
Gregory L. Demers, Esq., Ropes & Gray LLP
Harvey J. Wolkoff, Esq., Quinn Emanuel Urquhart & Sullivan LLP

Exhibit 1A
- Complaint (Fraud and Deceit) Buy Form

Exhibit 1B
- Complaint (Fraud and Deceit) Buy Form

Exhibit 1C
- Jury Instructions (Fraudulent and Negligent Misrepresentation) Buy Form

Chapter 2 expand

Interference with Contractual and Business Relations
Buy Chapter
Thomas S. Fitzpatrick, Esq.,

Exhibit 2A
- Complaint (Interference with Contractual Relations) Buy Form

Exhibit 2B
- Jury Instructions (Interference with Contractual and Prospective Business Relationships) Buy Form

Chapter 3 expand

Breach of Fiduciary Duty
Buy Chapter
Richard J. Yurko, Esq., Yurko Partners PC

Exhibit 3A
- Complaint (Breach of Fiduciary Duty) Buy Form

Exhibit 3B
- Jury Instructions (Breach of Fiduciary Duty) Buy Form

Chapter 4 expand

Trademark Infringement and Related Claims
Buy Chapter
Nicole Kinsley, Esq., Foley Hoag LLP
Jenevieve Maerker, Esq.,
Daniel L. McFadden, Esq., ACLU of Massachusetts

Exhibit 4A
- Complaint Buy Form

Exhibit 4B
- Jury Instructions (Trademarks) Buy Form

Chapter 5 expand

Copyright Infringement
Buy Chapter
Daniel C. Winston, Esq., Conservation Law Foundation

Exhibit 5A
- Complaint (Copyright Infringement) Buy Form

Exhibit 5B
- Jury Instructions (Copyright Infringement) Buy Form

Chapter 6 expand

Patent Infringement
Buy Chapter
Erik Paul Belt, Esq., McCarter & English LLP
Lee Carl Bromberg, Esq., McCarter & English LLP

Exhibit 6A
- Demand Letter Buy Form

Exhibit 6B
- Settlement Agreement Buy Form

Exhibit 6C
- Engagement Letter Buy Form

Exhibit 6D
- Complaint (Patent Infringement) Buy Form

Exhibit 6E
- Answer and Counterclaim (Patent Infringement) Buy Form

Exhibit 6F
- Reply to Counterclaim (Patent Infringement) Buy Form

Exhibit 6G
- Protective Order Buy Form

Chapter 7 expand

Trade Secret Law
Buy Chapter
Russell Beck, Esq., Beck Reed Riden LLP

Chapter 8 expand

Noncompetition Agreements and Related Restrictive Covenants
Buy Chapter
Russell Beck, Esq., Beck Reed Riden LLP

Exhibit 8A
- Web Logs Addressing Trade Secrets and Noncompetes Buy Form

Chapter 9 expand

Defamation, Commercial Disparagement, and False Advertising
Buy Chapter
Stephen T. Bychowski, Esq., Fresenius Medical Care/Legal Department
Julia Huston, Esq.,

Exhibit 9A
- Complaint (Defamation, Commercial Disparagement, and False Advertising) Buy Form

Exhibit 9B
- Answer to Complaint (Defamation, Commercial Disparagement, and False Advertising) Buy Form

Exhibit 9C
- Jury Instructions (Defamation, Commercial Disparagement, and False Advertising) Buy Form

Exhibit 9D
- Burdens of Proof in Defamation Cases Buy Form

Exhibit 9E
- Checklist of Risk Management Procedures Buy Form

Exhibit 9F
- Defamation Checklist Buy Form

Exhibit 9G
- Commercial Disparagement Checklist Buy Form

Exhibit 9H
- False Advertising Checklist Buy Form

Chapter 10 expand

Business Remedies Under Chapter 93A
Buy Chapter
Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Exhibit 10A
- Checklist of Defenses for Chapter 93A Claims Buy Form

Chapter 11 expand

Antitrust Law
Buy Chapter
Christopher J. Cifrino, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Lisa C. Wood, Esq., Foley Hoag LLP

Exhibit 11A
- Checklist for Assessing an Antitrust Case Buy Form

Exhibit 11B
- Resources (Antitrust) Buy Form

Chapter 12 expand

Lender Liability
Buy Chapter
James W. McGarry, Esq., Goodwin Procter LLP
Richard A. Oetheimer, Esq., Goodwin Procter LLP
Brenda R. Sharton, Esq., Goodwin Procter LLP

Exhibit 12A
- Lender Liability Avoidance Checklist Buy Form

Chapter 13 expand

Securities Litigation
Buy Chapter
Joel D. Rothman, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Peter M. Saparoff, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Hon. Adam L. Sisitsky, Suffolk Superior Court, Commonwealth of Massachusetts

Exhibit 13A
- Jury Instructions (Securities Litigation Under Section 10(b) of the 1934 Act) Buy Form

Exhibit 13B
- Statutes of Limitations for Actions Arising Under Securities Laws Buy Form

Chapter 14 expand

Legal and Accounting Malpractice
Buy Chapter
Allen N. David, Esq., Peabody & Arnold LLP
Timothy M. Pomarole, Esq.,

Exhibit 14A
- Sample Complaint Buy Form

Exhibit 14B
- Sample Jury Instructions Buy Form

Chapter 15 expand

Franchise Disputes
Buy Chapter
Michael J. Horrell, Esq., Prisoners' Legal Services
George W. Mykulak, Esq., Nelson, Mullins, Riley & Scarborough LLP

Exhibit 15A
- Complaint (Franchise Litigation) Buy Form

Chapter 16 expand

Qui Tam Suits and the Civil False Claims Act
Buy Chapter
Jennifer L. Chunias, Esq., Goodwin Procter LLP
Matthew T. Hunter, Esq.,
Neil D. Raphael, Esq., Raphael, LLC

Exhibit 16A
- Complaint (Qui Tam Suit) Buy Form

Exhibit 16B
- Jury Instructions (Federal or Massachusetts False Claims Act) Buy Form

Chapter 17 expand

Vexatious Litigation
Buy Chapter
David S. Godkin, Esq., Birnbaum & Godkin LLP

Exhibit 17A
- Complaint (Malicious Prosecution and Abuse of Process) Buy Form

Exhibit 17B
- Jury Instructions (Malicious Prosecution) Buy Form

Exhibit 17C
- Jury Instructions (Abuse of Process) Buy Form

Exhibit 17D
- Special Motion to Dismiss Buy Form

Chapter 18 expand

The Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Stored Communications Act
Buy Chapter
C. Max Perlman, Esq., Gunderson Dettmer

Exhibit 18A
- Sample Complaint for a CFAA Action Buy Form

Exhibit 18B
- Sample Jury Instructions for a CFAA Action Buy Form

Exhibit 18C
- Sample Complaint for an SCA Action Buy Form

Exhibit 18D
- Sample Jury Instructions for an SCA Action Buy Form
Editors & Authors

Editor(s)

Thomas S. Fitzpatrick, Esq.,

Judicial Commentator(s)

Hon. Mitchell H. Kaplan,

Hon. Edward P. Leibensperger, Superior Court, Commonwealth of Massachusetts (Ret.); JAMS, Boston

Hon. Christine M. Roach,

Hon. Janet L. Sanders,

Ethical Commentator(s)

J. Charles Mokriski, Esq., Proskauer Rose LLP, New York

John E. Roberts, Esq., Proskauer Rose LLP, Boston

Author(s)

Russell Beck, Esq., Beck Reed Riden LLP, Boston

Erik Paul Belt, Esq., McCarter & English LLP, Boston

Lee Carl Bromberg, Esq., McCarter & English LLP, Boston

Stephen T. Bychowski, Esq., Fresenius Medical Care/Legal Department, Waltham

Andrew A. Caffrey, III, Esq., Arlington

Jennifer L. Chunias, Esq., Goodwin Procter LLP, Boston

Christopher J. Cifrino, Esq., Supreme Judicial Court, Commonwealth of Massachusetts, Boston

Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP, Quincy

Allen N. David, Esq., Peabody & Arnold LLP, Boston

Gregory L. Demers, Esq., Ropes & Gray LLP, Boston

David S. Godkin, Esq., Birnbaum & Godkin LLP, Boston

Michael J. Horrell, Esq., Prisoners' Legal Services, Boston

Matthew T. Hunter, Esq.,

Julia Huston, Esq.,

Nicole Kinsley, Esq., Foley Hoag LLP, Boston

Jenevieve Maerker, Esq.,

Daniel L. McFadden, Esq., ACLU of Massachusetts, Boston

James W. McGarry, Esq., Goodwin Procter LLP, Boston

George W. Mykulak, Esq., Nelson, Mullins, Riley & Scarborough LLP, Boston

Richard A. Oetheimer, Esq., Goodwin Procter LLP, Boston

C. Max Perlman, Esq., Gunderson Dettmer , Boston

Timothy M. Pomarole, Esq.,

Neil D. Raphael, Esq., Raphael, LLC, Boston

Joel D. Rothman, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston

Peter M. Saparoff, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston

Brenda R. Sharton, Esq., Goodwin Procter LLP, Boston

Hon. Adam L. Sisitsky, Suffolk Superior Court, Commonwealth of Massachusetts, Boston

Daniel C. Winston, Esq., Conservation Law Foundation, Boston

Harvey J. Wolkoff, Esq., Quinn Emanuel Urquhart & Sullivan LLP, Boston

Lisa C. Wood, Esq., Foley Hoag LLP, Boston

Richard J. Yurko, Esq., Yurko Partners PC, ANDOVER

TOP

Business Torts in Massachusetts

Comprehensive and practical guide

Business Torts in Massachusetts

Comprehensive and practical guide

Your Selection:

Product Description

Recent updates:

Table of Contents

Fraud and Negligent Misrepresentation

Exhibit 1A

Exhibit 1B

Exhibit 1C

Interference with Contractual and Business Relations

Exhibit 2A

Exhibit 2B

Breach of Fiduciary Duty

Exhibit 3A

Exhibit 3B

Trademark Infringement and Related Claims

Exhibit 4A

Exhibit 4B

Copyright Infringement

Exhibit 5A

Exhibit 5B

Patent Infringement

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Trade Secret Law

Noncompetition Agreements and Related Restrictive Covenants

Exhibit 8A

Defamation, Commercial Disparagement, and False Advertising

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Exhibit 9F

Exhibit 9G

Exhibit 9H

Business Remedies Under Chapter 93A

Exhibit 10A

Antitrust Law

Exhibit 11A

Exhibit 11B

Lender Liability

Exhibit 12A

Securities Litigation

Exhibit 13A

Exhibit 13B

Legal and Accounting Malpractice

Exhibit 14A

Exhibit 14B

Franchise Disputes

Exhibit 15A

Qui Tam Suits and the Civil False Claims Act

Exhibit 16A

Exhibit 16B

Vexatious Litigation

Exhibit 17A

Exhibit 17B

Exhibit 17C

Exhibit 17D

The Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Stored Communications Act

Exhibit 18A

Exhibit 18B

Exhibit 18C

Exhibit 18D

Editor(s)

Judicial Commentator(s)

Ethical Commentator(s)

Author(s)