The Latest on the Law: Updates from the Boston Bar

Drafting and Enforcing Non-Competition Agreements Across State Lines

Non-Competition Agreements vary state by state and when employees find themselves working in a new state, headaches can arise. This program will feature perspectives from a management-side attorney and employee-side attorney on the issues that occur when non-competes cross state lines. The program will highlight the current landscape, specific challenges that can arise, and the questions that need to be on everyone's mind when considering the enforceability of non-competes across jurisdictions.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Introduction to Tax Exempt Organizations

Introduction to Tax Exempt Organizations is the first in a six-part Fundamentals Series on public charities and private foundations.  The series will provide a basic overview geared toward new attorneys and attorneys new to the practice area on forming, operating and dissolving a tax-exempt organization in Massachusetts.  The Introduction program will describe what it means to be a nonprofit and a 501(c)(3), choice of tax classification, choice of entity (state law) and the basics on advising clients. 

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Nonprofit Lobbying, Advocacy & Political Activities in the Upcoming Election Year

As 2024 approaches, it is a good time to refresh your knowledge on laws governing advocacy, lobbying and political activities your nonprofit or tax-exempt organization clients may engage in. This program will be particularly helpful for attorneys who represent organizations focused on social, economic, and political issues. Attendees will learn what constitutes advocacy, lobbying, or political activity; what rules apply, and what can happen if you break them; how these rules apply to social media; sample language for voter education and “get out the vote” efforts; and tips to prevent potential issues. 

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Deposit Insurance Post-Silicon Valley Bank

The failure of Silicon Valley Bank and others in the spring of 2023 caused bank depositors around the country to as “Are my deposits safe?” This webinar will provide an explanation of how Federal Deposit Insurance Corporation (FDIC) deposit insurance works, why it covers what it does and why it does not cover all deposits, options for maximizing deposit insurance coverage and reducing exposure to a bank should it fail, including the use of sweep vehicles. The webinar will also cover the bank regulators’ response to the recent bank failures and bank regulatory developments since then.

 

This program is aimed at new lawyers and law students, as well as other seasoned attorneys looking to become more familiar with FDIC deposit insurance and to be prepared for any future market disruptions.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

NLRB Updates for Union and Non-Union Workplaces

This program will review recent decisions and guidance from the National Labor Relations Board on non-disclosure and non-disparagement clauses in settlement agreements, employer handbook policies, and bargaining orders. Emily Goldman, Supervisory Attorney for Region 1 of the NLRB, will provide attendees with an overview of these topics and employer and union-side attorneys will weigh in on the practical application of the NLRB’s recent decisions. 

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Representing Clients with Diminished Capacity

In this program, Assistant Bar Counsel Sherri A. Gilmore will delve into the ethical rules surrounding representation of clients with diminished capacity. Neuropsychologist Rebecca Wershba will guide us through practical considerations for assessing capacity in our elder and special needs clients.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Show Me the Money: Basics of a Commercial Real Estate Financing Transaction

A financing transaction is a critical piece of the real estate life cycle; these transactions can help equip borrowers with the funds to acquire, construct, and operate buildings as they envision.  Join us for a discussion in which we will cover the basics of a commercial real estate financing transaction – from key loan documents and provisions to borrower- and lender-specific issues and best practices.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

Immigration Relief for Unaccompanied Children – Special Immigrant Juvenile Status

Please join staff from Kids In Need of Defense (KIND) as we cover the basics of Special Immigrant Juvenile Status (SIJS) and dig deeper into the state court processes for guardianship, custody, and other options for obtaining SIJS special findings. The training will cover governing state regulation and case law with regards to key findings a SIJS predicate order must contain, as well as a step-by-step guide on how to proceed in whatever type of state court process is best suited for your client. 

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

New Rules to Research Misconduct? How the Office of Research Integrity’s Proposed Revisions to PHS Rules on Research Misconduct May Affect You

Allegations of research misconduct deeply threaten academic research enterprises and individual investigators responsible for conducting responsible research and whose eligibility to receive federal funding rely upon assuring that this is the case year after year. Nevertheless, the numbers of reported research misconduct allegations continue to rise and demand growing attention of institutional grant recipients who must address the allegations to the satisfaction of federal oversight agencies.

Since 2005, the Public Health Service (PHS) Policies on Research Misconduct have provided the sole framework for how an institution must respond to purported research misconduct in PHS-funded research. The 2005 PHS Regulations have served as a model for countless institutions in implementing internal guidance and expectations on the topic of research integrity. Investigators facing research misconduct allegations regularly consult the 2005 PHS Regulations for guidance on procedure, substantive definitions, and for exercise of their due process rights, in addition to applicable institutional policies.

In October 2023, HHS and ORI issued a Notice of Proposed Rulemaking to update the 2005 PHS Regulations for the first time since enacted.

 

Among other notable changes, the Proposed Rules:

· Clarify and further define key terms and responsibilities of the parties

· Clarify responsibilities of federal agencies in overseeing the research misconduct process

· Suggest a streamlined appeal process for respondents seeking to dispute ORI’s findings or administrative actions

· Require sub-recipients of PHS funding comply with the regulation.

 

Our experienced panelists will discuss how the Proposed Rules will impact the evaluation of research misconduct claims and new challenges that may arise as a result of these changes in an interactive discussion.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org

An Introduction to the Value of Patents to U.S. Businesses

Learn about patents and their role in building value across various industries including computers and software, medical devices, biotech/pharma, consumer electronics and more. Our expert panel will discuss how patents create and maintain economic value for businesses, as well as their place today among competing forms of intellectual property.

 

Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org