Andrew Caplan

Trial Lawyer and Founding Partner, Twohig | Caplan LLP Massachusetts business litigator | Fan of Springsteen, Boston sports and ADL

[Andrew Caplan @Cappy201]

BREAKING: Massachusetts Supreme Judicial Court rejects attempt to expand state's strict non-competition agreement statute to apply to certain employee and customer non-solicitation agreements.

[Andrew Caplan @Cappy201]

@nightrain1982 @davecullinane Now it is the law, as established by this new case, which overturned an outmoded approach of assessing fault for calling off the wedding.

[Andrew Caplan @Cappy201]

3/ p.s. The "groom" still honored his promise to pay to finish his former fiance's dental implants (but the calculation of prejudgment interest for the dentist bills was altered on appeal).

[Andrew Caplan @Cappy201]

2/ Mass. now joins modern trend and retires the concept of fault in this context; "where, as here, the planned wedding does not ensue and the engagement is ended, the engagement ring must be returned to the donor regardless of fault."

[Andrew Caplan @Cappy201]

2/ Mass. now joins modern trend and retires the concept of fault in this context; "where, as here, the planned wedding does not ensue and the engagement is ended, the engagement ring must be returned to the donor regardless of fault."

[Andrew Caplan @Cappy201]

1/ BREAKING NEWS: Massachusetts Supreme Judicial Court overturns long-standing precedent that an engagement ring must be returned only when the ring giver is not "at fault" for the wedding being called off.

[Andrew Caplan @Cappy201]

1/ BREAKING NEWS: Massachusetts Supreme Judicial Court overturns long-standing precedent that an engagement ring must be returned only when the ring giver is not "at fault" for the wedding being called off.

[Andrew Caplan @Cappy201]

3/ Judge Brian Davis wrote a lengthy, thoughtful opinion about AI's benefits and its dangers. See Smith v. Farwell, Norfolk Superior Court, C.A. No. 2282CV01197. Ping me if you want a copy of the decision.

[Andrew Caplan @Cappy201]

2/ Although the court accepted the attorney's expression of contrition and his representation that he did not intend to deceive the court , the court issued sanctions to deter the problem from happening again the future.

[Andrew Caplan @Cappy201]

2/ Although the court accepted the attorney's expression of contrition and his representation that he did not intend to deceive the court , the court issued sanctions to deter the problem from happening again the future.

[Andrew Caplan @Cappy201]

1/ The scourge of fake AI-generated case citations has come to the Massachusetts courts. The Superior Court recently sanctioned an attorney who filed legal briefs prepared by an associate using AI. The partner did not read the cited case and was unaware they were fake.

[Andrew Caplan @Cappy201]

1/ The scourge of fake AI-generated case citations has come to the Massachusetts courts. The Superior Court recently sanctioned an attorney who filed legal briefs prepared by an associate using AI. The partner did not read the cited case and was unaware they were fake.

[Andrew Caplan @Cappy201]

I am flattered that Stephen Rosenberg @SDRosenbergEsq wrote a blog based on my comments in @Masslaw about importance of analyzing specific wording in insurance policy when fighting for coverage for policyholders. Check out Steve's blog here: https://t.co/RzofWZ6s8j

[Andrew Caplan @Cappy201]

Mass. Supreme Judicial Court provides guidelines for trial judges exercising broad discretion choosing whether & how to impose time limits re presenting evidence & length of #trial. Case available here, incl. appendix of guidelines for setting time limits https://t.co/N0IKiOCP92

[Andrew Caplan @Cappy201]

FREE LEGAL ADVICE (for my lawyer friends): Do not include nude photos in your court filings. #Sanctions

[Andrew Caplan @Cappy201]

Jimi Hendrix Experience

[Vernon Reid @vurnt22]

I see your list & add King’sX, Medeski, Martin, & Wood, Birth Of Midi, Rush, The Jam, Bush Rock, ELP, Husker Dü, & the original first edition of The Bad Plus+.

[Andrew Caplan @Cappy201]

SJC lessens 3-month suspension to public reprimand for AAG Verner who "reasonably relied in good faith on Kaczmarek's misrepresentations that she had turned over exculpatory information" but who "failed to follow up with her as to whether she had disclosed all such information."

[Andrew Caplan @Cappy201]

SJC upholds disbarment of "most culpable"
AGO who "fail[ed] to turn over all exculpatory information, and ..displayed a lack of candor and remorse at the disciplinary hearing..." - AAG Kaczmarek

[Andrew Caplan @Cappy201]

SJC upholds suspension of one year and one day of AAG Foster, who was "reckless in her representations about what [exculpatory evidence she] had disclosed, and otherwise exhibited incompetence in her response to the subpoena and discovery motions..."

[Andrew Caplan @Cappy201]

SJC upholds disbarment of "most culpable"
AGO who "fail[ed] to turn over all exculpatory information, and ..displayed a lack of candor and remorse at the disciplinary hearing..." - AAG Kaczmarek

[Andrew Caplan @Cappy201]

SJC upholds disbarment of "most culpable"
AGO who "fail[ed] to turn over all exculpatory information, and ..displayed a lack of candor and remorse at the disciplinary hearing..." - AAG Kaczmarek

[Andrew Caplan @Cappy201]

BREAKING: At 10:00 am - Massachusetts Supreme Judicial Court decision re: what discipline should be imposed on prosecutors in Attorney General's Office who wrongfully withheld exculpatory evidence re: scandal in Mass. crime lab involving chemist Sonja Farak. #AttorneyEthics

[Andrew Caplan @Cappy201]

BREAKING: At 10:00 am - Massachusetts Supreme Judicial Court decision re: what discipline should be imposed on prosecutors in Attorney General's Office who wrongfully withheld exculpatory evidence re: scandal in Mass. crime lab involving chemist Sonja Farak. #AttorneyEthics

[Andrew Caplan @Cappy201]

Today, the United States Supreme Court officially recognized that Bruce Springsteen is one of "the 20th century’s greatest rock stars." Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, (May 18, 2023) #Springsteen

[Andrew Caplan @Cappy201]

SJC holds that 12% pre- and post-judgment interest rate passes low bar of "rational basis" scrutiny.

[Andrew Caplan @Cappy201]

BREAKING: SJC upholds constitutionality of 12% pre- and post-judgment interest rate in Massachusetts lawsuits. #appellatetwitter

[Andrew Caplan @Cappy201]

BREAKING: SJC upholds constitutionality of 12% pre- and post-judgment interest rate in Massachusetts lawsuits. #appellatetwitter

[Andrew Caplan @Cappy201]

BREAKING: Today @ 10:00, Massachusetts Supreme Judicial Court issues opinion re whether decades-old mandatory 12% pre- and post-judgment interest in Mass. lawsuits is unconstitutionally excessive/violates due process. Oral argument here: https://t.co/DU1Lj2v0NU #appellatetwitter

[Andrew Caplan @Cappy201]

BREAKING: Today @ 10:00, Massachusetts Supreme Judicial Court issues opinion re whether decades-old mandatory 12% pre- and post-judgment interest in Mass. lawsuits is unconstitutionally excessive/violates due process. Oral argument here: https://t.co/DU1Lj2v0NU #appellatetwitter