Publications

Publications

Attorneys Serving Beverly, Boston & Beyond

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 of our firm’s authorships. These articles as well as others that have been published are available upon request.

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 articles:

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 & 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 & 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.
  • "Warrantless Searches in the Carpenter Age,” American Bar Association Section of Criminal Justice (Winter 2019, Vol. 33, No. 4)
Probate & 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 & 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.

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