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Bernard D. Posner

Author's details

Name: Bernard D. Posner
Date registered: August 23, 2013

Latest posts

  1. The End of Fishing Expeditions – Proportional Discovery Comes to the Federal Courts — December 11, 2015
  2. Don’t Believe Everything You Read (On the Web)– The SJC Weighs In On What A Reliable Online Source Is — October 2, 2015
  3. “Safe Harbor” Rule for Massachusetts Paid Sick Time Law — May 26, 2015
  4. Tis But a Breach – Looking for the Unfairness to Support a 93A Claim — April 7, 2015
  5. Preparing to Try Your Case…at Mediation — March 17, 2014

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Dec
11

The End of Fishing Expeditions – Proportional Discovery Comes to the Federal Courts

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The concept of relevance and how it impacts discovery can be strange for clients. Under Rule 26 of the Massachusetts Rules of Civil Procedure, a litigant is entitled to seek discovery regarding anything that is relevant to the case. For something to be discoverable it does not need to be admissible itself, but rather reasonably… Continue reading »

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Oct
02

Don’t Believe Everything You Read (On the Web)– The SJC Weighs In On What A Reliable Online Source Is

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While searching for something on the internet we all have a personal gauge as to how trustworthy a website is. Information learned from the website of a highly respected medical institution would likely fall on the trustworthy side of the scale. But does that mean that those same webpages can be used at trial? The… Continue reading »

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May
26

“Safe Harbor” Rule for Massachusetts Paid Sick Time Law

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Massachusetts voters, on November 4, 2014, approved Ballot Question 4, “Earned Sick Time for Employees.” The new law, which goes into effect on July 1, 2015, requires all private employers to provide employees with up to 40 hours of sick leave during each calendar year.  The law requires this paid sick leave for all employers… Continue reading »

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Apr
07

Tis But a Breach – Looking for the Unfairness to Support a 93A Claim

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I frequently represent small businesses and individuals in litigation. One of the first topics I bring up is the cost associated with litigation. For smaller cases, the unfortunate reality is that litigation costs can easily dwarf the amount in dispute. And while a properly designed budget and strategy for a case should always consider the… Continue reading »

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Mar
17

Preparing to Try Your Case…at Mediation

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I think of myself as a trial attorney. Someone who can look at the facts of your case and figure out the best way to win in front of a jury. What evidence do we need to look favorable to a jury? How can we make the other side look bad? What evidentiary issues will… Continue reading »

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Aug
22

Learning from Your Client

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Over the past few years, one of my primary areas of practice has been professional liability. I have represented lawyers and accountants in a wide variety of matters. These cases always provide unique challenges. The claims are negligence based. While negligence is often equated with carelessness, there is more to it. The plaintiff first needs… Continue reading »

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