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  • Posts by James W. Gately
    Associate

    James W. Gately is an associate in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Privacy and Data Security practice groups. A wide range of clients, from individuals and small businesses to ...

Hotel’s Rejection of Confidentiality Agreement Constitutes Rejection of $83 Million Offer to Sell under 'Right of First Offer' Provision

In Headquarters Hotel v. LBV Hotel, Judge Davis ruled that Headquarters rejected LBV’s offer to sell a property interest under a right-of-first-offer provision by refusing to execute a confidentiality agreement included with the offer.

Under an agreement between the parties, LBV has an estate for years in the real estate owned by Headquarters at 154 Berkeley Street, Boston, until 2131 (2131 is not a typo). The agreement includes a right-of-first-offer provision. Under that provision, if either party wants to market its interest to third parties, the selling party must first offer the interest to the other party at the same price and on the same terms the selling party would offer to third parties.

Justice: Justice Davis
Judge Kaplan Orders Return of Documents Inadvertently Produced

Ruling on a motion seeking the return of inadvertently produced privilege materials, Judge Kaplan elaborated on the meaning of “inadvertent” in the context of Massachusetts Rule of Civil Procedure 26(b)(5) and so-called clawback agreements.  

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