News

Bonhomme, Maclean’s “meilleurs amis”

In an update to a story we shared with you a few weeks ago, a report today that the organizers of the Quebec Winter Carnival and Maclean’s magazine have reached a settlement regarding Maclean’s use of the image of Bonhomme – mascot of the Carnival – as part of a cover image promoting an article on corruption in Quebec.   While Carnival organizers confirmed the settlement and advised that they were “pleased”, specific terms of the settlement were not disclosed.

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DAVIS MALM ATTORNEY REBECCA L. ANDREWS TO PARTICIPATE IN WOMEN’S BAR ASSOCIATION MENTORINIG PROGRAM AT BU SCHOOL OF LAW

On November 2, Davis Malm attorney Rebecca L. Andrews participated in a Women’s Bar Association mentoring program for female law students at Boston University School of Law. Ms. Andrews, a 1999 graduate of BU Law School, was joined by other successful female attorneys on a panel to discuss the various legal career paths available to the students and to provide insights from their experiences and career choices. The panelists also discussed how being a woman has played a role in their careers. Ms. Andrews discussed her experience in both the Massachusetts Appeals Court and the U.S. Court of Appeals for the First Circuit, as well as her private practice experience.

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My Recent Interview with "The Miami Herald’s" Work/Life Balance Act Blog

I was recently interviewed by Cindy Krischer Goodman, columnist of The Miami Herald’s Work/Life Balance Act Blog, to discuss the EpsteinBeckerGreen Women’s Initiative, and what women in the workplace should be doing to help each other advance in their careers. Please go HERE to read the interview.

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DAVIS MALM ATTORNEY DAVID M. COGLIANO CONDUCTS SOCIAL MEDIA PROGRAM FOR NORTH CENTRAL MASSACHUSETTS CHAMBER OF COMMERCE

On October 20, 2010, Davis Malm attorney David M. Cogliano conducted the employment law program “Using Social Media as an HR Tool” for the North Central Massachusetts Chamber of Commerce. Mr. Cogliano discussed social media from an employer’s perspective – from pre-employment inquiries to maintaining compliance with post-employment agreements. He addressed what employers must fully consider regarding the use and misuse of social media at each stage of the employment relationship as well the liability and possible corporate embarrassment employers face when ignoring the risks of social media. This presentation also explored the issues employers should consider in deciding whether or not to encourage use of social media.

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SIX DAVIS MALM ATTORNEYS NAMED 2010 MASSACHUSETTS "SUPER LAWYERS RISING STARS"

Davis, Malm & D’Agostine, P.C. is pleased to announce that six of its lawyers were selected as 2010 Massachusetts “Super Lawyers Rising Stars” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. The six attorneys are featured in the November issues of Boston Magazine and Law & Politics Magazine, along with the other recipients. “Super Lawyers Rising Stars” are selected by Law & Politics after a rigorous multi-phase selection process that includes peer nominations and evaluations and independent evaluation of candidates by the Law & Politics’ attorney-led research staff. Selections are made on an annual, state-by-state basis and only 2.5% of the eligible attorneys in Massachusetts are selected. To qualify, an attorney must be age 40 or younger, or in practice for 10 years or less.

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THIRTEEN DAVIS MALM ATTORNEYS NAMED 2010 MASSACHUSETTS "SUPER LAWYERS"

October 19, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis, Malm & D’Agostine, P.C. is pleased to announce that thirteen of its attorneys were selected as 2010 Massachusetts “Super Lawyers” from a poll of Massachusetts attorneys conducted by Law and Politics Magazine. David Rapaport was further distinguished by being selected as one of the “Top 100 Massachusetts Super Lawyers” for 2010. Mr. Rapaport and the other Davis Malm Super Lawyers are featured in the November issues of Boston Magazine and Law & Politics Magazine. Super Lawyers are selected by Law & Politics after a rigorous multi-phase selection process that includes peer nominations and evaluations and independent evaluation of candidates by the Law & Politics’ attorney-led research staff. Selections are made on an annual, state-by-state basis and only 5% of the eligible attorneys in Massachusetts are selected.

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Lidings has authored the title "An Introduction to Russian Business Law"

Lidings has authored the title “An Introduction to Russian Business Law”

Lidings, the Russian law firm dedicated to advising foreign companies on all aspects of Russian law, has recently authored the title “An Introduction to Russian Business Law”. Published by Aspatore Books, a Thomson Reuters business, this book discusses key aspects of Russian business law, providing an overview of theoretical legal issues as well as concentrating on practical areas of the law and analyzing recent findings from court cases.

Along with descriptions of the major fields within Russian business law, such as corporate, foreign investment, competition, employment, litigation, and arbitration, this book emphasizes the legislative regulation of specific business areas, including mining, banking and insurance, telecommunication, pharmaceutical, construction, retail, and others.

The authors also focus on more practical topics, from conducting legal due diligence in Russia to providing recommendations to investors on what corporate structure to choose.

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DAVIS MALM ATTORNEYS SAMUEL B. MOSKOWITZ AND REBECCA L. ANDREWS WIN SIGNIFICANT MASSACHUSETTS LAND COURT CASE

On October 7, 2010, Davis Malm attorneys Samuel B. (Sandy) Moskowitz and Rebecca L. Andrews won a significant victory for their condominium-unit-owner clients in a much-anticipated Massachusetts Land Court decision supporting developer flexibility in setting percentage interests in condominiums containing affordable housing units. The case involved a challenge to a 20-year old condominium’s schedule of percentage interests by the owners of units subject to affordable housing restrictions limiting the prices at which they could be sold. Those owners had argued that, in setting the percentage interests in 1988, the developer had unlawfully ignored the price restrictions on the affordable units and thus assigned percentage interests to those units that were too high, leading to the affordable units being overcharged for common expenses for 20 years. Judge Trombly of the Land Court rejected their arguments, ruling that the Condominium Statute did not obligate the developer to set the units’ percentage interests based on their original sale prices and that the developer had properly taken other considerations into account when he assigned percentage interests per the units’ relative “fair values,” as the Statute provided. While the decision was pending, the Condominium Statute was amended to provide more flexibility in this regard, but it is not clear that the amendment can be applied retroactively and it was not a factor in the Court’s decision.

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DAVIS MALM ATTORNEYS PAUL L. FELDMAN, DAVID RAPAPORT, AND MICHAEL D. WEISMAN SELECTED 2011 "BEST LAWYERS IN AMERICA"

Davis Malm is pleased to announce that Paul L. FeldmanDavid Rapaport, and Michael D. Weisman have been selected 2011 “Best Lawyers in America” for their exceptional work in their respective areas of Real Estate Law, Labor and Employment Law, and Personal Injury Litigation. Selections are featured in the just-released 2011 edition of The Best Lawyers in America and will be excerpted in theBoston Globe in 2011. Please click here to see Davis Malm’s listing in the 2011 edition.

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FDA Accepting Comments on Proposed Program to Integrate FDA Premarket Approval and CMS Coverage Decision-Making Process

On September 17, 2010, the Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Food and Drug Administration (“FDA”) issued a notice in the Federal Register requesting public comment on a proposed new program referred to as “parallel review” (“Comment Request”).[1] This program would give drug and device sponsors the option of receiving an FDA premarket evaluation and a Medicare National Coverage Determination at the same time. By reducing the waiting times associated with CMS and FDA product evaluations and decreasing the likelihood that product sponsors will have to conduct separate clinical studies for each agency, CMS and FDA believe that parallel review will hasten consumer access to new innovative products and minimize the burden that FDA reviews and Medicare National Coverage Determinations impose on drug and device sponsors. These changes will not only affect parties who are interested in drug and device innovation, but providers, payers, and health care consumers as well.

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