BUSINESS LITIGATION SESSION 2024 YEAR IN REVIEW - Webinar Access
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Date:
January 27, 2025
Faculty:
Hon. Kenneth Salinger, Superior Court
Michael Tuteur, Esq., Foley & Lardner LLP
Jamie Steven, Esq., Foley & Lardner LLP
Description:
Every year, the Business Litigation Session ("BLS") of the Massachusetts Superior Court handles a wide variety of complex business and commercial disputes. In doing so, it decides issues not only of first impression but also other complex issues of interest to any practitioner who litigates business disputes. This CLE will review the most notable BLS decisions from the past year to give practitioners additional tools that they can use when they are litigating in Massachusetts (and perhaps elsewhere).
A number of significant cases will be discussed. Examples include:
• Baldwin, et al. v. Connor, et al., Case No. 1984CV03396-BLS2 (Salinger, J.) (March 29, 2024) (interpreting issues of first impression in Massachusetts corporate law and holding that a modification of an existing stock restriction that has a material adverse effect of a shareholder’s ability to transfer their shares automatically triggers the shareholder’s appraisal rights and that a close corporation’s failure to give a shareholder required notice of appraisal rights constitutes a breach of fiduciary duty, among other findings).
• Cummings et al. v. Deloitte Tax LLP, Case No. 2384CV00103-BLS1 (Krupp, J.) (July 15, 2024) (finding that the that the limitation of damages provision in a tax consulting services agreement "unambiguously applies" to cap plaintiffs’ potential damages).
• Van Vuuren v. Lowenstein Sandler LLP, et al., Case No. 2184CV01663-BLS2 (Salinger, J.) (June 7, 2024) (granting a motion to compel the return of emails inadvertently produced during discovery, finding that these communications were protected by the attorney-client privilege, that the privilege was not waived, and that the party seeking to keep the documents had failed to prove that the emails helped to further any crime or fraud).
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