Published Works

The following articles are intended to provide general information about the law.

2008 - Current

Massachusetts Bad Faith Insurance Litigation – the Law of Chapter 176D

(Lawyers Weekly Publications, September 1, 2016, publishes OCM Partner Sean Carnathan’s book)

Damages, Interest and Attorneys Fees in Massachusetts Litigation

(MCLE Publication, April 15, 2015, Tara J. Myslinski, editor, with chapters contributed by Tara J. Myslinski, Sean T. Carnathan and David B. Mack)

Unauthorized Practice of Law Claims Must be Arbitrated
(Litigation News Winter, 2014)

Demonstratives Allowed in Jury Room During Deliberations
(Litigation News September 24, 2013)

Fraud-on-the-Market Theory Questioned
(Litigation News June 12, 2013)

“Reckless Disregard” May Suffice for Spoliation Sanction
(Litigation News March 26, 2013)

Fraud-on-the-Market Theory Questioned
(Litigation News June 12, 2013)

Circuits Split on Valuing Offset Against Criminal Restitution
(Litigation News, November 19, 2012)

Angry Birds Will Not Violate Bar Rules; Abusive Tactics Will
(Litigation News, August 10, 2012)

Judge Rejects SEC’s Position on Citigroup Consent Judgment
(Litigation News, February 21, 2012)

Chancery Court Awards $1.263 Billion in Derivative Action
(Litigation News, December 13, 2011)

Materiality of Alleged Misrepresentations Not Dependent on Statistical Significance
(Litigation News, May 11, 2011)

Recent Developments Affecting Professionals’, Officers’, and Directors’ Liability
(Tort Trial & Insurance Practice Law Journal, Winter 2011) (article co-author; section author, “Developments in Directors’ and Officers’ Liability”)

Jail Time for Spoliation?
(Litigation News, November 29, 2010)

Second Circuit Approves Attorney Advertising
(Litigation News, May 2010)

Pragmatism, but No Compassion in Foreclosure
(Litigation News, March 2010)

New Rules for Retiring Judges and Firms That Hire Them
(Litigation News, Winter 2009)

Delaware High Court Issues Game-Changer on Fiduciary Duty
(Litigation News, May 2009)

Court Hits Pause in Case Involving Internet Video of Deposition
(Litigation News, Spring 2009)

Court Orders Daubert Hearing as Part of Class Certification Analysis
(Litigation News, September 17, 2008)

Derivative Claims: Not Just for Shareholders Anymore
(Litigation News, July 2008)

Judges Moved to Poetry and Quoting Billy Madison
(Litigation News, May 2008)

Corporations Balk at Outside Counsels’ Automatic Rate Increases
(Litigation News, March 2008)

1994 - 2007

Lawyers Approaching Retirement Age Face Career and Lifestyle Decisions
(Litigation News, November 2007)

D.C. Bar Adopts Rule of Professional Conduct for Nonlegal Services
(Litigation News, September 2007)

Criminals Forfeit Retirement Benefits to Victims
(Litigation News, July 2007)

New Jersey Upholds Privacy Rights in Internet Accounts
(Litigation News, May 2007)

New Jersey Invalidates Class Action Arbitration Waiver
(Litigation News, January 2007)

Fee Applications and Block Billing Don’t Mix
(Litigation News, September 2006)

Eleventh Circuit Criticizes Arbitration Award Appeals
(Litigation News, July 2006)

Rules on Witness Conferences in Depositions Vary
(Litigation News, May 2006)

Trial Court Win Reversed for Spoliation
(Litigation News, March 2006)

California Invalidates Contractual Jury Trial Waivers
(Litigation News, January 2006)

Large Law Firms Hiring More General Counsel
(Litigation News, November 2005)

Taped Deposition Not “Reality TV”
(Litigation News, September 2005)

California Simplifies Jury Instructions
(Litigation News, July 2005)

Audit Response Deemed Work Product Under California Law
(Litigation News, May 2005)

Partner Sanctioned for Associate’s Errors
(Litigation News, March 2005)

New York City Bar Issues Opinion on Dual Representation
(Litigation News, January 2005)

Just Say No to Hostile Takeovers in Massachusetts
(Massachusetts Lawyers Weekly, December 1, 2003)

Will the Company Cover an Ex-Officer’s Legal Costs? The New World of Sarbanes-Oxley.
(Business Law Today September/October 2003)

Discovery in Arbitration? Well, It Depends …
(Business Law Today, March/April 2001)

Patent Priority Disputes A Proposed Re-Definition of First-to-Invent
(Alabama Law Review, 1998)

Re-Assessing the Trial Court’s Opportunity to Assess Credibility, 13 Me. Bar J. 316
(Nov. 1998).

Presenting an Attorney’s Fee Application in the United States District Court for the District of Maine, 11 Me. Bar J. 244
(July 1996).

Hints on Writing Law Court Briefs from Some People Who Read Them, 9 Me. Bar J. 318
(Sept. 1994) (co-author with Karen D. Kemble, Esq.).