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The Impact of the Supreme Judicial Court's March 6, 2017 Decision in IBEW Local NO. 129 V. Tucci (Spring Breakfast Meeting 2017)

4/11/2017

 
 NEW ENGLAND LEGAL FOUNDATION and
ASSOCIATED INDUSTRIES OF MASSACHUSETTS
invite you to attend their

Spring Breakfast Program
Wednesday, May 3, 2017; 7:30-9:30 A.M.
Boston College Club, 100 Federal Street, Boston, Massachusetts
THE IMPACT OF THE SUPREME JUDICIAL COURT’S MARCH 6, 2017, DECISION IN IBEW LOCAL NO. 129 V. TUCCI
 
About the Program
 
In its seminal decision on March 6, 2017, regarding EMC’s merger with Dell, IBEW Local No. 129 v. Tucci, the Supreme Judicial Court clarified the question of directors’ fiduciary duty under Massachusetts corporate law and resolutely distinguished the law of Massachusetts in this area from the law of Delaware. At the heart of the case was the legal question whether directors of a Massachusetts publicly traded corporation, in addition to the duty they owed to the corporation, also owed a separate fiduciary duty directly to the shareholders.  In its decision, the Court affirmed that directors of a publicly traded corporation owe a single fiduciary duty to act in the best interests of the corporation, and in doing so may consider its various constituents’ interests, but have no separate duty to act solely in the interest of its shareholders. The Court, for the first time, also clearly distinguished the fiduciary duty owed by directors in that context from shareholder-based duties owed in close corporations and in majority shareholder controlled corporations.   Our panelists will discuss the decision itself, its impact upon the development of Massachusetts’ distinct body of corporate law, and whether, in light of this decision, companies currently doing business or starting up in Massachusetts should consider incorporating or re-incorporating under Massachusetts law.
  
Moderator and Panelist:
 
  • Thomas J. Dougherty, Esq., Partner, Skadden, Arps, Slate, Meagher & Flom LLP
 
Panelists:
  • Ian D. Roffman, Esq., Partner, Nutter McClennan & Fish, LLP
  • Kurt Wm Hemr, Esq., Partner, Skadden, Arps, Slate, Meagher & Flom LLP
  • John Pagliaro, Esq., Staff Attorney, New England Legal Foundation
  • Elizabeth M. McCarron, Esq., Senior Vice President, Business Litigation, Dell Technologies
  • Paul T. Dacier, Esq., Executive Vice President and General Counsel, Indigo Agriculture; former Executive Vice President and General Counsel, EMC Corporation
Details:
  • 7:30-8:00 a.m. Buffet Breakfast
  • 8:00-9:30 a.m. Panel Discussion
 
There is no cost to attend this program, but seating is limited, so please reserve your place as soon as possible. 
 
To Register:
 
Please RSVP by return email (info@nelfonline.org) or by calling NELF at (617) 695-3660.

The Untimely Death of Justice Scalia (Spring Breakfast Meeting 2016)

9/21/2016

 
Spring Breakfast Program
Monday, May 9, 2016
Boston College Club, 100 Federal Street
Boston, Massachusetts

THE UNTIMELY DEATH OF JUSTICE SCALIA:  HIS LEGACY AND
THE POTENTIAL IMPACT OF HIS PASSING ON BUSINESS CASES AT THE SUPREME COURT

 
About the Program
 
It has often been remarked that the Roberts Supreme Court has decided a greater number of business cases than under prior Chief Justices.  While by no means always the case, it is also true that in a number of high visibility and significant business cases, the business parties have prevailed with a 5-4 majority.  This has been true, for example, in the area of arbitration (e.g., AT&T Mobility v. Concepcion, American Express v. Italian Colors), class actions (e.g., Dukes v. Walmart), and the First Amendment (e.g., Citizens United). In these cases, Justice Scalia’s role as the author of the majority opinion or as a member of the majority was crucial. And, of course, even in cases that were not so close, his opinions and views were of great importance in shaping the Court’s decisions.  Our panel of Supreme Court litigants and observers will discuss what the late Justice’s legacy is likely to be and whether his untimely passing may affect the outcome of pending and future business disputes that reach the Highest Court. 
 
Moderator:
  • Martin J. Newhouse, Esq., President, New England Legal Foundation
 
Panelists:
  • Mark C. Fleming, Esq., Partner, WilmerHale
  • Traci L. Lovitt, Esq., Partner, Jones Day
  • Kevin P. Martin, Esq., Partner, Goodwin Procter LLP
  • Ben Robbins, Esq., Senior Staff Attorney, New England Legal Foundation
 

Class Actions: The Shifting Sands (Spring Breakfast Meeting 2015)

4/17/2015

 
The New England Legal Foundation held its 2015 Spring Breakfast Program on April 16, 2015. The program's topic focused on the ever-changing class actions landscape. Our panel of class action experts spoke about about some recent, sometimes surprising developments in class action practice and how they may affect the strategic decisions of the parties and their counsel as they navigate the shifting sands.
 
Moderator:  
Donald R. Frederico, Esquire, Partner, Pierce Atwood LLP
 
Panelists:
Beth I.Z. Boland, Esquire, Partner, Foley & Lardner LLP
Laurence A. Schoen, Esquire,, Member, Mintz Levin Cohn Ferris Glovsky and Popeo PC
John A. Shope, Esquire, Partner, Foley Hoag LLP
Thomas M. Sobol, Esquire, Partner, Hagens Berman Sobol Shapiro LLP

Succeeding in China (Spring Breakfast Meeting 2014)

4/30/2014

 
Our spring breakfast program in April 2014 was entitled “Succeeding in China,” and addressed the current legal landscape in China, lessons learned, and strategies for success in that rapidly developing country. It also provided an overview of what a legal practitioner needs to know about the U.N. Convention on Contracts for the International Sale of Goods.

Moderator:
Pauline M. Booth
, Managing Director, Alvarez & Marsal Global Forensic and Dispute Services, LLC 

Panelists:
Kenneth R. Berman,
 Partner, Nutter McClennen & Fish, LLP
Lewis Ho, Partner, Dechert, LLP (based in Hong Kong and Beijing)
Michael McGowen, Chief Counsel, Reinforcement Materials & Asia Pacific, Cabot Corporation
Glen Weinstein, Executive Vice President & Chief Legal Officer, iRobot

Cyber Security: Advising Corporate Leaders on Critical Risk Issues

5/2/2013

 
Moderator: Elizabeth M. McCarron, Esquire, Vice President and Assistant General Counsel, EMC Corporation. Panelists: Demetrios Eleftheriou, Esquire, Senior Counsel, Global Privacy and Data Security, EMC Corporation, J. Michael Gibbons, Managing Director, Alvarez & Marsal (formerly Chief of Cybercrime Investigations, Federal Bureau of Investigation),Cynthia J. Larose, Esquire, CIPP/US, CIPP/E, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Eileen F. McCarthy, Sr. Vice President, Compliance Audit and Risk, Beth Israel Deaconess Medical Center **(update 5/1/13: Ms. McCarthy will not be able to join us)**

Ripple Effects: The Enforceability of Class Action Waivers in Arbitration Agreements in the Wake of AT&T Mobility v. Concepcion (Spring Breakfast Meeting 2012)

4/12/2012

 
At our spring 2012 meeting, our panel focused on the still-evolving law on the enforceability of class action waivers in arbitration agreements.

Moderator: 
Donald R. Frederico, Esquire, Partner, Pierce Atwood LLP

Panelists: 
Sarah G. Manchester, Esquire, Vice President of Human Resources and General Counsel, Sappi Fine Paper North America
Katharine I. Rand, Esquire, Partner, Pierce Atwood LLP
 John A. Shope, Esquire, Partner, Foley Hoag LLP
John R. Snyder, Esquire, Partner, Bingham McCutchen LLP

Update on the Massachusetts Superior Court Business Litigation Session: Recent Developments and Plans for the Future (Spring Breakfast Meeting 2011)

5/11/2011

 
In May 2011, NELF’s spring breakfast seminar presented the latest updates from the Massachusetts Superior Court Business Litigation Session (“BLS”), a specialized trial court session dealing with business cases. NELF has long supported such sessions throughout New England. A panel, including three judges currently serving on the BLS, discussed recent developments at the BLS, plans for the future, and best practices for those litigating in the BLS.

Moderator:
Wayne A. Budd, Esquire, Counsel, Goodwin Procter LLP

Panelists: 
Hon. Barbara J. Rouse, Chief Justice, Massachusetts Superior Court 
Hon. Judith Fabricant
, Associate Justice Massachusetts Superior Court
Hon. Peter M. Lauriat, Associate Justice, Massachusetts Superior Court
Hon. Christine M. Roach, Associate Justice, Massachusetts Superior Court

What to Do With Electronic Data: Latest Updates on Best Practices in Data Management and E-Discovery (Spring Breakfast Meeting 2010)

6/17/2010

 
Moderator:
James L. Messenger
, Esquire, Partner, LeClairRyan

Panelists: 
Dennis R. Kiker, Esquire, Partner, LeClairRyan
Jay Brudz, Esquire, Senior Counsel, Legal Technology, General Electric Company
Jeffrey W. Greene, Shareholder, Greenberg Traurig LLP
Sean B. McSweeney, Esquire, Senior Vice President and Deputy General Counsel, 
Liberty Mutual Group

The Massachusetts Superior Court Business Litigation Session: Where it Stands Today and Planning for the Future (Spring Breakfast Meeting 2009)

4/29/2009

 
Moderator:
Martin J. Newhouse, President, New England Legal Foundation

Panelists: 
Hon. Margaret R. Hinkle, Associate Justice of the Massachusetts Superior Court and Administrative Justice of the BLS
Hon. Judith Fabricant, Associate Justice of the Massachusetts Superior Court 
Paul T. Dacier
, Executive Vice President and General Counsel, EMC Corporation

Class Actions and Reactions: Trends and Directions in Class Action Litigation (Spring Breakfast Meeting 2008)

4/8/2008

 
NELF's breakfast panel discussion on this subject was moderated by Donald R. Frederico, Esquire, Shareholder, Greenberg Traurig, LLP. 

Panelists: 
Beth I.Z. Boland, Esquire, Partner, Bingham McCutchen LLP
Scott Z. Hochfelder, Esquire, General Counsel, KB Toys, Inc.
John A. Shope, Esquire, Partner, Foley Hoag LLP
Thomas M. Sobol, Esquire, Partner, Hagens Berman Sobol Shapiro LLP
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