Publications & Seminars

Massachusetts Attorneys Serving Beverly, Boston & New York

Gelb & Gelb LLP is proud of our reputation in the legal community which we have fostered not only by the manner in which we handle our cases but by our contributions through books, articles and seminars.

The following publications are representative our firm’s authorships. These articles as well as others which have been published are available upon request.

Publications

  • Books:
    • Attorneys at Gelb & Gelb LLP are co-authors or contributing authors of the following books;
    • Ethical Lawyering in Massachusetts (Chapter 20, "Ethical Issues for Civil Litigators"), Massachusetts Continuing Legal Education, Inc., c. 1992, 1995, 1997, 2002.
    • Massachusetts Superior Court Civil Practice Manual (Co-author, Chapter 2, Part I, "Written Advocacy in the Superior Court"), Massachusetts Continuing Legal Education, Inc., c. 1997, 2002.
    • "Traps for the Unwary," Massachusetts Bar Association, c. 1995, 1999, 2004.
    • Massachusetts E-Discovery and Evidence: Preservation through Trial, Massachusetts Continuing Legal Education, Inc., c. 2009.
    • Dispute Resolution and e-Discovery, West, c. 2011.
    • The Comprehensive Guide to Lost Profits and Other Damages, BVR, c. 2014
  • Articles:
    • Attorneys at Gelb & Gelb LLP are authors or co-authors of the following article:
  • Ethics:
    • "Common Ethical Problems," 79 Massachusetts Law Review 167, December 1994.
    • "Conflicts of Interests Give Rise to New Regs, The Boston Law Tribune, Vol.2, No. 6, p.19, June 2002.
  • Litigation:
    • "How to Recover Use and Occupancy Fees," 8 Massachusetts Lawyers Weekly, 1980.
    • "A Method for Organizing Your Civil Litigation Files, “Trial Diplomacy Journal, Spring 1980.
    • "Civil Procedure - Effect of Failure of Party to Respond to Request for Admission of Facts," 68 Massachusetts Law Review 89, June 1983.
    • "How to Prepare a Plaintiff's Trial Notebook," Trial Diplomacy Journal, Winter 1984.
    • "The Massachusetts Wrongful Death Act," 13 Massachusetts Lawyers Weekly 9878, April 15, 1985.
    • "Standard Paragraphs in Interrogatories (with Forms)," 28 The Practical Lawyer 51, 1982, reprinted in The Practical Lawyer's Manual on Pre-Trial Preparation No. 2, 1986.
    • "Counsel, Client, Court and Costs: Perspective," Boston Business Journal, Vol. 10, No. 25, p. 10, August 13, 1990.
    • "Focus on the Statute of Frauds - Section 4: A Pitfall for the Unwary Creditor," 18 Massachusetts Lawyers Weekly 5, August 13, 1990.
    • "Federal Civil Practice: Analysis of Local Rules Changes," 19 Massachusetts Lawyers Weekly 613, December 17, 1990.
    • "The Federal Court's New Expense and Delay Reduction Plan in Review," Massachusetts Bar Association Civil Litigation Section News, Vol. XIV, No. 3, April 1992.
    • "Issues to Consider When Settling a Case for a Joint Tortfeasor," Massachusetts Bar Association Civil Litigation Section News, Vol. XV, No. 1, November 1992.
    • "The Importance of Using an Outside Expert in Litigation,"
    • Grant Thornton Securities & Commodities Highlights, Vol. 4, No. 2, Spring 1994.
    • "The Work Product Doctrine in the Corporate Setting," Massachusetts Bar Association Civil Litigation Section News, Vol. 16, No. 3, May 1994.
  • Electronic Discovery and Evidence:
    • “The New Federal Rules of Civil Procedure on Electronic Discovery: An Argument for Adoption by the Massachusetts State Courts,” Section Review, Massachusetts Bar Institute, Vol. 9, No. 2, August 2007.
    • “Understanding the E-discovery Obligations Before Making a Certification,” Digital Discovery & e-Evidence, The Bureau of National Affairs, Inc., Vol. 7, No. 10, October 1, 2007.
    • “The Importance of Being Knowledgeable Regarding Electronic Discovery When Participating in a Superior Court Rule 9C Conference,” Practice Update: eDiscovery, Massachusetts Bar Association (October 2007).
    • “Litigating Criminal Procedure Issues When 'ESI' is the Subject of 'CSI,'" Digital Discovery & e-Evidence, The Bureau of national Affairs, Inc., Vol. 8, No. 4, April 1, 2008.
    • “The Importance of Being Knowledgeable Regarding Electronic Discovery When Participating In a Superior Court Rule 9C Conference,” Section Review, Massachusetts Bar Institute, Vol. 10, No. 2 (May 2008).
    • “Federal Rule of Evidence 502: 21st Century Privilege,” Corporate Counsel Magazine, Incisive Media (December 2008).
    • "E-Discovery Practice Alert: Massachusetts Litigators Must Be Prepared to Address
    • The Inevitable Intersection of Electronically Stored Information, Recently Issues Superior Court Standing Order 5-67 AND Amended Rule 7-A," Section Review , Massachusetts Bar Institute, Vol. 11 No. 2 (September 2009)
  • Arbitration:
    • "Commercial Arbitration: Selecting the Arbitrators and Presenting the Case," 6 Massachusetts Continuing Legal Education: The Best of MCLE Journal 2, February 1995.
    • "Tenth Circuit Holding: NASD Arbitration Panel Can Dismiss A Claim without Discovery or A Hearing," Securities Arbitration Commentator, Vol. XII, No. 2 & 3, pp 6-7, December 2001.
  • Dispute Resolution:
    • "Down Economy Makes Conflict Resolution More Vital," 13 Mass High Tech, October 14-20, 2002.
  • Business and Securities:
    • "Directors' and Officers' Liability Insurance," 19 Massachusetts Lawyers Weekly 2141, August 5, 1991.
    • "The Accountant's Role in Presenting a Company's Financial Statements," 22 Massachusetts Lawyers Weekly 2179, June 27, 1994
    • "Fiduciary Liability of Professionals under ERISA," 32 Massachusetts Lawyers Weekly 1567, March 11, 2004 (first installment)
    • "Fiduciary Liability of Professionals under ERISA," Massachusetts Lawyers Weekly, March 22, 2004 (second installment)
  • Criminal:
    • "Criminal Law - Forfeiture of Automobile Subject to Security Interest," 67 Massachusetts Law Review 43, Winter 1982.
    • "Government Manipulation of Regulatory and Criminal Investigations: A New Judicial Willingness to Scrutinize," Securities Litigation Journal, American Bar Association, Section of Litigation, Securities Litigation Committee, Vol. 16, No.4 (Summer 2000).
    • "Avoiding Pitfalls When Conducting Corporate Internal Investigations,” White Collar Crime Report, The Bureau of National Affairs, Inc., Vol. 1, No. 24, December 22, 2006.
    • "Federal Prosecutors and the Advancement of Legal Defense Fees: Don't Ask, Don't Tell" Boston Bar Journal, January 2008.
  • Probate and Domestic Relations:
    • "The Unreliability of Children's Expression of Preference in Domestic Relations Litigation: A Legal Approach," 69 Massachusetts Law Review 10, March 1984.
  • Noncompetition Agreements and Trade Secrets:
    • "Tort Law - Breach of Fiduciary Duty - Employees' Establishment of Competing Business - Measure of Damages," 69 Massachusetts Law Review 93, June 1984.
    • "Q&A: Enforcing Non-Competition Agreements," Boston Business Journal, Vol. 18, No. 31, p.31, September 11-17, 1998.
    • "The Enforceability of Non-Compete Agreements," 27 Massachusetts Lawyers Weekly 159, September 28, 1998.
    • "Focus on Employment Law: Sufficient Consideration for Non-Compete Agreements," 29 Massachusetts Lawyers Weekly 1135, January 22, 2001.
    • "Inevitable Disclosure Doctrine in Massachusetts," 30 Massachusetts Lawyers Weekly 3761, December 24, 2001.
    • "Transferring the Departing Broker's Customer Accounts: A Massachusetts Judge's Application of NASD Rule 2110-7," Securities Arbitration Commentator, Vol. 2005, No. 6.
  • Seminars

    • Attorneys at Gelb & Gelb LLP have served as chairs, co-chairs or panelists for the following seminars:

  • Litigation:
    • "Recovering Attorneys' Fees in Civil Litigation," Massachusetts Continuing Legal Education, Inc. (November 1995).
    • "Massachusetts Superior Court Civil Practice," Massachusetts Continuing Legal Education, Inc. (June 1997).
    • "Developing, Using and Dismantling Expert Testimony," Massachusetts Continuing Legal Education, Inc. (February 2003).
    • "Understanding and Challenging the Experts: Critical Business Valuation Issues for Practitioners," Suffolk University Law School Center for Advanced Legal Studies (April and May 2005).
    • "Drafting Litigation Documents Trial Advocacy Workshop: Results - Drafting for Civil Litigation," Massachusetts Continuing Legal Education, Inc. (June 2005)
    • "Drafting Litigation Documents Workshop", Massachusetts Continuing Legal Education, Inc. (June 2006).
    • "Drafting Litigation Documents Workshop," Massachusetts Continuing Legal Education, Inc. (June 2007).
    • "Drafting Litigation Documents Workshop 2008," Massachusetts Continuing Legal Education, Inc. (June 2008).
    • "Pretrial Litigation: MCLE BasicsPlus!®," Massachusetts Continuing Legal Education (October 2008).
    • "Taking Depositions Workshop," Massachusetts Continuing Legal Education, Inc. (October 2008; March 2009).
    • "Pretrial Litigation: MCLE BasicsPlus!®," Massachusetts Continuing Legal Education (October 2009).
    • Harvard Law School’s Trial Advocacy Workshop (September 2010)
    • “Emergency Measures in Pretrial Litigation: Injunctions, TROs and Other Ex Parte Relief,” Pretrial Litigation: MCLE BasicsPlus!®, Massachusetts Continuing Legal Education, Inc. (November 2010).
    • “The Best Tips and Techniques for General Counsel to Reduce Litigation Costs in 2011,” ExecSense Webinars, Inc.
  • Criminal:
    • “MCLE Civil and Criminal Trial Advocacy Workshop, Massachusetts Continuing Legal Education, Inc. (July 2005).
    • "Identifying and Preserving Potentially Relevant Data Sources At the Onset of A Legal Matter or Internal Investigation," International Quality & Productivity Center, Pre-Conference Workshop 2nd E-Discovery: Pharma, Biotech and Medical Devices (June 2007).
    • “iDefense: Strategic & Ethical Issues in the Digital Age,” National Association of Criminal Defense Lawyers (New York, NY) (September 2010)
    • “How Government Uses Cell Phone Evidence & What Defenders Can Do,” National Juvenile Defender Center (Washington, D.C.) (November 2010).
  • Electronic Discovery and Evidence:
    • "Electronic Discovery: New Rules of Practice and Emerging Issues - What Litigators Should Know," Massachusetts Bar Association (February 2007).
    • "Tips on How to Effectively Handle Electronic Discovery in White Collar Criminal Investigations and Litigations," Bureau of National Affairs (audio conference) (July 2007).
    • "E-Landscape in the Federal Rules of Civil Procedure," The Masters Conference for Legal Professionals, Washington, D.C. (October 2007).
    • "Advanced Issues in E-Discovery," Macaronis Institute for Trial and Appellate Advocacy at the Center for Advanced Legal Studies, Suffolk University Law School (November 2007).
    • "E-Discovery: Four Unique Perspectives," Massachusetts Continuing Legal Education (December 2007).
    • Faculty, "Electronic Evidence," Family Law Conference 2008, Massachusetts Continuing Legal Education (March 2008).
    • "Electronic Evidence: Everything You Want To Know, But Are Afraid To Ask," Massachusetts Bar Association (March 2008).
    • "Cell Phone Evidence," Litigating with 21st Century Technology, New Hampshire Association of Criminal Defense Lawyers (May 2008).
    • "Managing a Paperless Law Office: Going Green in a Small and Solo Practice," Massachusetts Bar Association (June 2008).
    • "Electronically Stored Information and Spoliation," Massachusetts Continuing Legal Education (August 2008).
    • "E-Discovery Seminar Series: E-Discovery Overview," ARMA Boston, Simmons College Graduate School of Library and Information Science, and The Sedona Conference® (September 2008).
    • “Electronic Discovery in Civil & Criminal Litigation," SmartTalk Lunch Series, Salem Bar Association (September 2008).
    • "E-Discovery For The Enterprise: Technology Roundtable," Bureau of National Affairs, Inc. (September 18, 2008).
    • "E-Discovery For The Enterprise: Setting Up Your Systems: Rule 26(g) Setting Up An E-Discovery Team: Outside Counsel/In-House Counsel Relationships," Bureau of National Affairs, Inc. (September 19, 2008).
    • Digital Forensics, Electronic Evidence and Advanced Criminal Procedure," Massachusetts Continuing Legal Education (October 2008).
    • The Sedona Conference® Update: White Collar Crimes & e-Discovery Implications," Fios, Inc. (audio conference) (October 2008).
    • "E-Discovery Seminar Series: Mock Hearing," ARMA Boston, Simmons College Graduate School of Library and Information Science, and The Sedona Conference® (November 2008).
    • "Managing e-Discovery During Internal Investigations," Fios, Inc. (March 2009).
    • "Electronic Discovery & Evidence, Evolving issues in practice and procedure," Massachusetts Continuing Legal Education, Inc. (May 2009).
    • "Managing e-Discovery During Internal Investigations," Fios, Inc. (March 2009).
    • "Electronic Discovery & Evidence: Evolving Issues in Practice and Procedure," Massachusetts Continuing Legal Education (May 2009).
    • “Cost Savings in E-Discovery," The Harvard Club (Boston, MA) Huron Consulting Group (September 2009).
    • "Electronic Discovery," Suffolk University Litigation American Inn of Court (October 2009).
    • “E-Discovery for In-House Counsel,” Massachusetts Continuing Legal Education, Inc. (February 2010).
    • “E-Discovery Update: The Latest Cases, Trends and Tips for Civil and Criminal Trial Lawyers,” Massachusetts Lawyers Weekly (March 2010).
    • "Cost-Effective E-Discovery for Small Firms," Massachusetts Bar Association (January 2010).
    • "E-Discovery for In-House Counsel," Massachusetts Continuing Legal Education, Inc. (February 2010)
    • "E-Discovery Update: The Latest Cases, Trends and Tips for Civil and Criminal Trial Lawyers," Massachusetts Lawyers Weekly (March 2010)
    • “Email Discovery Review Tips, Tricks, & Techniques for Litigators – How to Review Responsive Emails More Efficiently and Immediately Reduce Your Time and Costs,” ExecSense Webinars, Inc.
    • “Admissibility of Electronic Evidence, Social Networking and Digital Media,” The Organization of Legal Professionals (March 2011).
  • Arbitration:
    • "Use of Experts," National Association of Securities Dealers, Inc.'s Training for Securities Arbitrators (September 1993).
    • "Securities Arbitration - Training the Litigant," American Arbitration Association (April 1994).
    • "Statute of Limitations for Section 10(b) Actions and the SROS' Eligibility Rule," Fourth Annual New England Securities Conference, Bar Associations of Massachusetts, Connecticut, Maine, New Hampshire and Vermont (June 1994).
    • "A Practical Skills Course in Commercial Arbitration," Massachusetts Continuing Legal Education, Inc. (October 1994).
    • "Arbitrating Securities Industry Disputes," Massachusetts Continuing Legal Education, Inc. (July 1995 and August 1996).
    • "Arbitration Practice and Update 2002, Opportunities and Risks," Massachusetts Continuing Legal Education, Inc. (October 2002).
    • "Committing Your Company to Arbitration: Benefits and Pitfalls," New England Legal Foundation (May 2007)
  • Dispute Resolution:
    • “Mediation and Electronic Discovery,” WestLegalEdcenter® (January 2011).
  • Business and Securities:
    • "Securities Litigation and Arbitration," The Greater Boston Society of the Institute of Certified Financial Planners Quarterly Educational Seminar (Spring 1993).
    • "Shareholder Disputes in Closely-held Corporations," Massachusetts Bar Association (Fall and Spring 1993).
    • "How to Protect Corporate Information When Investigating and Responding to Pre-litigation Claims," Massachusetts Bar Association's Business Law and Civil Litigation Sections, New England Corporate Counsel Association and Center for Law and Technology at Boston University School of Law (March 1994).
    • “Counselling Officers and Directors Who Are Parties or Witnesses in Business Litigation," Massachusetts Bar Association Civil Litigation Section and the New England Corporate Counsel Association (May 1995).
    • "Handling an SEC Investigation," Massachusetts Continuing Legal Education, Inc. (August 1997).
    • "A Lawyer's Tips for Investing Wisely," U.S. Securities and Exchange Commission and the Boston Bar Association Business Section Securities Law Committee (March 1998).
    • "Shareholder Litigation," Massachusetts Continuing Legal Education, Inc. (April 1998 and July 1999).
    • "A Securities Litigator's Tour for Financial Planners Through the Maze of Regulation, Arbitration and Litigation: The Domino Effect of a Customer Complaint," The Financial Planning Association of Massachusetts Regional Conference (May 2003).
    • "Fiduciary Liability: Professionals on the Firing Line," Professional Liability Underwriting Society, New England Chapter (January 2004).
    • "Representing Directors, Officers and Employees in Securities Cases," Massachusetts Continuing Legal Education, Inc. (April 2005).
    • "Financial Planner Liability: A Comprehensive Discussion Including the 'F' Word, " Financial Planning Association's Annual Conference and Exposition, (October, 2006).
    • "Representing Family Businesses in Disputes," Massachusetts Continuing Legal Education, Inc. (May 2007).
    • "Navigating the Madoff Recovery Maze," Massachusetts Continuing Legal Education, Inc. (March 2009).
  • “The Best Ways to Grow Your Law Practice in 2011,” ExecSense Webinars, Inc.
  • Probate and Domestic Relations:
    • "Questions You Always Wanted to Ask the Judges But Never Had a Chance - 'til Now," Massachusetts Bar Association Family Law Section (October 1991).
  • Noncompetition Agreements and Trade Secrets:
    • "Developments in Intellectual Property Law: Developments in Non-Competition Law," Massachusetts Software Council Legal Issues Series (April 1998).
    • "Non-Competition Agreements," Boston Bar Association, 12th Annual Spotlight on Labor & Employment Law (December 1998).
    • "Trade Secrets," Boston Patent Law Association (May 1999).
    • "Covenants Not to Compete in Massachusetts," Lorman Education Services (September 1999).
    • "Enforcing and Defending Against Non-Competes: Strategies in the Down Economy," Massachusetts Continuing Legal Education, Inc. (April 2003).

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