Earlier this month, the Supreme Judicial Court held that a defendant has a right to enter a “conditional plea.”   A conditional plea allows a defendant to plead guilty but preserves the defendant’s right to appeal some of the trial court’s rulings on legal issues.   If the defendant wins the appeal,…

Until this spring, the First Circuit had not decided many major student discipline cases in over thirty years.  In June, the Court handed down its long-awaited decision in Doe. v. Trustees of Boston College. The case concerns an alleged sexual assault that took place on a dance floor in 2012.  A…

It’s not as easy as it used to be to answer the question of who’s the boss.  Many employees survive on a patchwork of part-time jobs; the gig economy is growing fast enough to double in the next few years.  Indeed, a recent study released by  Upwork and the Freelancers…

Yesterday, Boston Police Commissioner William B. Evans sent a message of warning to Boston-area college students ahead of a planned “Free Speech” rally and numerous counter-protests. He told college students “please act in a way that would make your school, your family, and your city proud and please respect our…

At a time of increasingly public protests, the Supreme Judicial Court recently reaffirmed its commitment to protecting speech here in Massachusetts.  Under Masschusetts’s Anti-Strategic Litigation Against Public Participation law (“Anti-SLAPP”), defendants can move to dismiss a lawsuit filed against them if that lawsuit targets their attempt to influence a government…

In late November, a federal district court in Texas enjoined the Department of Labor from implementing and enforcing a new rule that would have made it more difficult for employers to claim that workers do not qualify for overtime pay.  But the Texas court may not have had the power…