Stephen Riden Quoted in Massachusetts Lawyers Weekly

A recent issue of Massachusetts Lawyers Weekly features Stephen Riden in an article titled “Cost of lawyer’s fraud falls on client, not third party.”

The article covers a decision by the Massachusetts Superior Court in Middlesex County concerning the impact of fraudulent conduct by an attorney, and which party must shoulder the burden of the attorney’s misdeeds. The decision was entered in the case titled Artin Service Station, Inc. v. Mitri, Lawyers Weekly No. 12-088-17. 

In the decision, the Middlesex Superior Court explained that attorney for the plaintiff Artin Service Station pocketed settlement proceeds that were supposed to be paid to a third party.  The court ruled that, even though both Artin Service Station and the third party were victims of the lawyer’s misconduct, Artin Service Station had to bear the loss.

The court reasoned that “[t]his result is plainly unsatisfying to Artin, which is a victim of its agent attorney. There is likely little comfort in the fact that Artin’s claims against the disbarred wrongdoer, Levintoff, are compelling. But where neither the principal nor the third person did anything wrong, and both are victims of Levintoff’s wrongdoing, the law requires the principal to bear the risk.”

In the article, Steve Riden is quoted as follows:

Boston attorney Stephen D. Riden said that the message from the decision is that companies and individuals shopping for legal representation need to do their homework and then monitor their lawyer’s activities.

He added that the cautionary tale extends to employers who use “agents,” i.e., their employees, whose wrongful conduct could bind and harm them.

The decision went the right way from a practical perspective, Riden said. If the decision had imposed a duty to investigate possible fraudulent conduct by an agent, it would “inject a huge amount of uncertainty into every business transaction,” potentially bringing those dealings to a halt.

The article is by Massachusetts Lawyers Weekly’s reporter, Kris Olson.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Sponsoring Boston Bar Association’s Annual Meeting

Beck Reed Riden LLP is proud to sponsor the Boston Bar Association’s Annual Meeting. This event will be held on October 5, 2017, at the Boston Convention and Exhibition Center.

This year’s Annual Meeting will feature Piper Kerman, author of Orange is the New Black. Ms. Kerman is an outspoken advocate of criminal justice reform. She has testified in the Senate on solitary confinement and treatment of women in prisons.

Beck Reed Riden LLP is a sponsor firm for the Boston Bar Association.

n addition, Beck Reed Riden LLP’s attorneys are active members of the BBA:

Russell Beck and Stephen Riden are Fellows of the Boston Bar Foundation’s Society of Fellows, and Hannah Joseph is a Junior Fellow.

 is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Stephen Riden’s Presentation on Protection of Trade Secrets

On September 25, 2017, Stephen Riden spoke on a panel at the CEO Connection Mid-Market Convention in Philadelphia titled “Cyber-Security and Protecting Your Trade Secrets.” The presentation focused on best practices for protecting trade secrets and mitigating losses in the event of misappropriation or cyberattack.

According to the CEO Connection, the Mid-Market Convention is the premier annual gathering of mid-market CEOs. The event, held at the Wharton School of the University of Pennsylvania, brings together prominent leaders from diverse industries, along with select government officials, prominent academic figures, subject matter experts and media personalities for a three-day program designed to benefit their companies, the mid-market and the greater society.

The other panelists for the cybersecurity presentation were:

  • Special Agent Benjamin R.P. Stone with the FBI’s Philadelphia Field Office
  • Sem Ponnambalam, co-founder and President of XAHIVE

eck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment lawand business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP Attorneys Named to 2018 Best Lawyers in America List

Beck Reed Riden LLP is pleased to announce that three of its lawyers have been named to the 2018 Edition of Best Lawyers.

Russell Beck, Stephen Reed, and Stephen Riden were named to the 2018 Best Lawyers in America list in the following categories:

  • Russell BeckCommercial Litigation
  • Steve ReedCommercial Litigation, Employment Law – Management,
    Litigation – Labor and Employment
  • Steve RidenCommercial Litigation

Best Lawyers has published their list for over three decades. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Best Lawyers Award BadgeLawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Steve Riden Supplements Guide to Law of Damages

Steve Riden has written the first supplement to his chapter in the book Damages, Interest, and Attorney Fees in Massachusetts Litigation. The chapter, supplemented in 2017, is titled “General Law of Damages in Massachusetts.”

The book was edited by Tara J. Myslinski, Esq., of O’Connor, Carnathan, and Mack LLC, in Burlington, Massachusetts.

The first chapter provides an overview of the law of damages in Massachusetts. It describes compensatory, nominal, and punitive damages and reviews the different types of injury associated with damages claims. It also describes a series of special rules and doctrines affecting damages, such as mitigation, the collateral source rule, comparative negligence, additur and remittitur, contribution and indemnification, and tax consequences. Included in the chapter is a digest of nearly sixty specific statutory provisions authorizing punitive damages awards.

General Law of Damages in MassachusettsThe book is published by MCLE and is an essential resource for civil litigators seeking to assess the value of their cases and develop effective strategies for litigating damages. The earliest chapters of the book offer a general overview of the law of damages in Massachusetts, guidance on practice and procedure, and a look at settlement options.

The book explores damages issues in major areas of civil litigation in Massachusetts, such as personal injury actions and Chapter 93A cases.

RectangleThe concluding chapters, on interest and attorney fees, provide clear and practical guidance on these important but occasionally overlooked aspects of a plaintiff’s recovery. More information about the book is available here.

Beck Reed Riden LLPis Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Nicole Daly to Chair Panel Presentation on Employee Handbooks

On July 20, 2017Nicole Daly will be chairing a panel of attorneys at a presentation titled “Fortifying & Scrutinizing Employee Handbooks & Policies.” The program is sponsored by Massachusetts Continuing Legal Education, Inc.

According to MCLE’s description, the program will cover practical strategies for drafting, updating, enforcing, and challenging employee handbooks and policies, as follows:

“Bring-your-own-device” policies; paid sick leave; medical marijuana; and the National Labor Relations Board’s crackdown on social media and other policies . . . these are just a few of the myriad issues that employers need to keep abreast of as they draft and update employee handbooks. Veteran employment lawyers from both sides of the bar share practical tips for, and valuable insight into, drafting—and scrutinizing—employee handbooks and policies.

This highly focused program—essential for employment lawyers seeking to update or sharpen their skills, in-house counsel reviewing existing handbooks and policies, business lawyers looking for more detailed insight into employment-law issues, and general practitioners improving issue-spotting skills—provides direct access to counter-balanced experts in a small, conversational setting.

In addition to Nicole Daly, the panel will include the following speakers:

Today’s program starts at 2 p.m. and more information is available here.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Beck Reed Riden LLP in Le Monde

Russell Beck was quoted by Le Monde in a recent article about noncompete agreements. The article is titled “Des clauses de non-concurrence imposées aux employés,” which translates to “Non-competition clauses imposed on employees.”

The story focuses on the proliferation of noncompete agreements for workers across the income spectrum, and analyzes the impact of such covenants on worker mobility. A translated version of the article (which is written in French), describes Russell Beck’s work in this area as follows:

The non-competition clauses added to contracts of employment were formerly reserved for very senior managers to prevent them from revealing the secrets of the company or to leave with the valuable contacts of the big customers. But today, the number of signatories of such clauses has widened. Attorney Russell Beck of Beck, Reed, Riden, spends 70% of his time dealing with this type of matter for employees and employers.

Russell is quoted in the article as follows:

Mr. Beck, who is from time to time on the employer side at the courthouse, understands their point of view. We live in an information economy. These secrets that move so easily from a computer to the phone and the cloud are more difficult to protect,” he explains. The lawyer acknowledged, however, that certain staff should be spared. It would be better, said the lawyer, to propose a simple clause of non-solicitation of former clients, or even non-solicitation of ex-colleagues. “It gives employees a lot more freedom, says Beck.

The article was published on June 26, 2017.

For up-to-the-minute analysis of legal issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment law and business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Supreme Court Specifies Limits on Personal Jurisdiction

n June 19, 2017, the United States Supreme Court in Bristol-Myers Squib Co. v. Superior Court of California, issued an 8-1 decision clarifying the bounds of specific jurisdiction over multi-state corporations. Following the trend established by the Supreme Court in its 2014 Daimler AG v. Bauman decision, the Court applied established principles of civil procedure to reach a decidedly pro-business holding that limits specific jurisdiction to cases where the facts at issue arise directly out of defendant’s presence in the forum state.

Background

Over 600 plaintiffs filed suit in state court in California against Bristol-Meyers Squib Co. (“BMS”) claiming that one of BMS’s drugs, Plavix, had injured consumers. Of the 600 plaintiffs, only 86 were California residents – the rest had no connections with California at all (they did not purchase or ingest the drug in California, and were not injured in California). However, each plaintiff’s claim was essentially identical.

BMS moved to dismiss the claims brought by the out-of-state plaintiffs for lack of personal jurisdiction. During the Court’s deliberation on the jurisdictional issue, the Daimler decision came down, effectively foreclosing general jurisdiction as an option in this case.  Instead, the California Supreme Court granted specific jurisdiction over the out-of-state plaintiffs, applying what they termed a “sliding scale approach to specific jurisdiction” in which the exercise of jurisdiction was allowed “based on a less direct connection between BMS’s forum activities and plaintiff’s claims than might otherwise be required.”

Certiorari was granted to determine whether this novel “sliding scale” approach violated BMS’s due process rights.

The Majority Holding

he majority of the Supreme Court held that the California Court’s sliding scale approach did violate the Due Process Clause of the Fourteenth Amendment (characterizing it as a “loose and spurious form of general jurisdiction”) and found that California courts lacked specific personal jurisdiction over the out-of-state plaintiffs under the traditional “arising out of” analysis.

Writing for the majority, Justice Alito explained that what is needed for a finding of specific jurisdiction “is a connection between the forum and the specific claims at issue.” Since the out-of-state plaintiffs had no personal connections to California, there was no reason to submit BMS to the “coercive power of a State that may have little legitimate interest in the claims in question.”

The Dissent

In a dissenting opinion, Justice Sotomayor focused on the apparent unfairness of the majority’s position, noting that the decision could have the effect of making it more difficult to “aggregate the claims of plaintiffs across the country whose claims may be worth little alone.”  In particular, the dissent took issue with the level of relatedness required for a finding of specific personal jurisdiction, arguing that the majority holding narrowed this standard to an unworkable and unfair degree.

Takeaways

n its 2014 Daimler decision, the Supreme Court greatly limited corporate exposure to general jurisdiction by taking an extremely narrow view of where a corporation is “at home.” Now, in BMS, the Court has taken a similarly pro-business approach, this time to specific jurisdiction, and limited the exposure of companies who operate nationwide.

The impact of this decision on class action claims, foreign corporations, and multi-defendant litigation is yet to be seen. If this holding plays out as Justice Sotomayor believes, however, such claims will be severely curtailed, if not entirely stifled. This decision gives a protective shield to corporate defendants, and shifts the burden to plaintiffs to figure out whether and where the appropriate forum exists.

****

Lauren Corbett, the author of this case summary, is an associate at Beck Reed Riden LLP, focusing her practical on complex commercial litigation and employment disputes.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Russell Beck Speaks At Trade Secrets Protection Briefing

On June 14, 2017Russell Beck was a panelist at Charles River Associates‘ briefing on trade secrets protection and litigation. The title of the program was “How to Respond Effectively When A Company Becomes A Victim of Intellectual Property Theft.”

Charles River Associates describes the briefing as follows:

Invitation-only briefing where expert panelists will discuss some of the biggest and most challenging topics in trade secrets protection. The program will feature a variety of presentations designed to help ensure your company is prepared, including: Overview of DTSA and its Interplay with State Trade Secrets Statutes, Investigation and Litigation Issues, and Strategic Considerations and Preventative Strategies for Protection of Trade Secrets.

In addition to Russell Beck, the panel included the following speakers:

  • John J. Butts, Partner, Litigation/Controversy and Securities Departments, WilmerHale, Boston
  • Jennifer Camacho, Chief Legal Officer, Torque Therapeutics, Cambridge, MA
  • Stephen Y. Chow, Partner, Burns & Levinson LLP, Boston
  • Paul T. Dacier, General Counsel, Indigo Agriculture; Formerly Executive Vice President and General Counsel, EMC Corporation, Boston
  • Michael K. Fee, Partner and Member, White Collar Defense & Investigations Practice, Latham & Watkins LLP, Boston
  • Andy Obuchowski, Vice President, Forensic Services, Charles River Associates, Boston

The event also featured the following speakers:

  • Adam Bookbinder, Assistant U.S. Attorney, Chief, Cybercrime Unit, U.S. Attorney’s Office, Boston
  • Hon. Robert Collings, Recalled Magistrate Judge, District of Massachusetts, U.S. District Court, Boston

For up-to-the-minute analysis of legal issues concerning trade secrets and noncompete agreements in Massachusetts and across the United States, read Russell Beck’s blog, Fair Competition Law.

eck Reed Riden LLP is among the leading authorities in trade secret, noncompete, and unfair competition law, and our experience handling these matters is backed by our extensive employment lawand business litigation experience. Our hand-picked team combines attorneys with complementary expertise and practical experience.

The Wall Street Journal featured Beck Reed Riden LLP’s noncompete agreement experience. In 2016, the White House issued a report entitled, “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses,” relying in part on Beck Reed Riden LLP’s research and analysis, including its 50 State Noncompete Survey.

Russell Beck’s work in this area is well recognized; it includes:

  • Over sixteen years of working on trade secret, noncompete, and unfair competition matters

  • Authoring the book Negotiating, Drafting, and Enforcing Noncompetition Agreements and Related Restrictive Covenants (5th ed., MCLE, Inc. 2015), used by other lawyers to help them with their noncompete cases

  • Drafting and advising on legislation for the Massachusetts Legislature to define, codify, and improve noncompetition law

  • Teaching Trade Secrets and Restrictive Covenants at Boston University School of Law

  • Founding and administrating the award-winning blog, Fair Competition Law

  • Establishing and administrating the Noncompete Lawyers and Trade Secret Protection groups on LinkedIn, with over 750 members around the world

  • Founded and chaired the Trade Secret / Noncompete Practice for an AmLaw 100 firm

In addition, Russell was honored for his work in this area of law in the 2016 Chambers USA Guide, which explained that “Russell Beck of Beck Reed Riden LLP is highly praised by peers, who commend his “impeccable credentials,” in the employment arena, and identify him as an “expert in noncompetition and trade secret laws.”

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

Lauren Corbett Selected for Boston Bar Association’s Public Interest Leadership Program

Lauren Corbett has been selected to join the Boston Bar Association’s Public Interest Leadership Program class of 2017-2018. Lauren was chosen based on her demonstrated dedication to public service. She now joins a small group of her professional peers, representing a variety of practice areas, to engage in the 14-month intensive program.

Now in its 14th year, the Public Interest Leadership Program engages selected attorneys to advance their roles in public service and leadership in the legal community. During the 14-month program, PILP members will have the opportunity to, among other things, connect with leaders at meetings and events, and to work together to grow a philanthropic program from inception to fruition. The 2017-2018 class members join notable PILP alumni in their mission to provide leadership and service.

auren is a first-year associate at Beck Reed Riden LLP, specializing in complex business litigation, trade secret and noncompete matters, and employment law. Lauren is an active member of the Boston Bar Association and the Women’s Bar Association. She is a member of the Practical Skills Committee of the New Lawyers section of the Boston Bar Association.

Beck Reed Riden LLP is Boston’s innovative litigation boutique. Our lawyers have years of experience at large law firms, working with clients ranging from Fortune 500 companies to start-ups and individuals. We focus on business litigation and labor and employment. We are experienced litigators and counselors, helping our clients as business partners to resolve issues and develop strategies that best meet our clients’ legal and business needs – before, during, and after litigation. We’re ready to roll up our sleeves and help you. Read more about us, the types of matters we handle, and what we can do for you here.

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