Date & Time: Tuesday, October 7, 2025 from 4:00 pm – 6:00 pm
Webinar Fee: $75
Online with Zoom only!
Learn from both Bench and Bar Experts!
Faculty:
Hon. Claudine A. Cloutier, Superior Court
Hon. Debra A. Squires-Lee, Superior Court
Michael C. Gilleran, Esq., Fisher & Broyles, Author of The Law of Chapter 93A, 2d (Vol. 52, Massachusetts Practice Series)
Chapter 93A is complex and often confusing. This two-hour program will not only cover the statutory framework, leading cases, the hottest new cases, but the judges will also provide insightful practice tips and pointers addressing issues that frequently arise during the course of litigation.
The presenters have prepared extensive annotated course materials, which practitioners can use to help cut through the many perplexing issues that predictably occur in 93A cases.
Program topics include:
- Statutory basics
- Defining “Unfair or Deceptive Acts or Practices” – many cases, many standards
- Choice of Law Clauses – non-Mass clauses are very narrowly construed and often don’t bar the Mass 93A claim
- Early dismissal of weak 93A cases - judges are increasingly willing to do this
- The difference between claims under Section 9 and Section 11
- Recent SJC announcement of simplified multi-part tests under Sections 9 and 11
- Jurisdiction and “Primarily and Substantially” test –complex tests on whether 93A applies to cross-state border cases
- Demand letters
- The types of cases in which 93A claims often appear
- H1 Lincoln v. South Washington Street – SJC’s pathbreaking decision that 93A can overcome contractual limitations of liability
- State v. Federal Court – federal courts are falling back from a much higher standard
- Increasing role of 93A in intellectual property and the plethora of 93A false advertising cases
- Strong trend that that the Mass. Uniform Trade Secrets Act does not preempt 93A claims for trade secret misappropriation
- Recent Appeals Court decision permitting 93A, § 11 claims for material omissions but only if the omission concerns a “central” purpose of the transaction
- Trying 93A claims – tried to court or jury?
- Multiple damages, attorneys’ fees, and interest; courts now are willing to award much higher hourly rates
- Recent high awards of double/treble damages – against business defendants
- “Super” advisory verdicts – verdict can be based on mere pleadings and argument – not just testimony
- The role of defendant’s state of mind
- Rules & strategy in seeking attorney’s fees; fair hourly rate must be based on more than attorney’s say-so
The views and opinions expressed in programs offered by the Social Law Library are those of the speakers and do not necessarily reflect the views or positions of the Library. Online registration is encouraged. For assistance, questions on group discounts, accommodations requests, special billing, program content, out-of-state CLE credits, and general contact CLE Coordinator, Michael Saporito by email at msaporito@socialaw.com. Registrations accepted in order of receipt. Registration fees are non-refundable. Most Social Law Library CLE events are recorded and recordings are sent to all who are registered. The recording is available by digital download, generally within a week after the program date. CLE credit, when applicable, is only granted when 80% of the live webinar is attended. To insure getting the video, please register.