Massachusetts

  • March 04, 2024

    Justices Say States Can't Keep Trump Off Ballot

    The U.S. Supreme Court found that states can't bar Donald Trump from running for reelection this year based on a 14th Amendment provision, with justices on Monday reversing a Colorado high court decision that barred Trump from the state's primary election ballot.

  • March 04, 2024

    JetBlue And Spirit Nix $3.8B Deal After Court Block

    JetBlue Airways said Monday that it has reached an agreement with Spirit Airlines to end their planned $3.8 billion merger, after the U.S. Department of Justice convinced a Massachusetts federal court to block the deal earlier this year.

  • March 01, 2024

    Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed

    A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.

  • March 01, 2024

    Harvard Grad Conned Alums In $3M Scheme, NY AG Says

    A Harvard Business School graduate suspected of swindling nearly $3 million from his fellow alum — one of whom reportedly took his own life after losing $100,000 — has been ordered by a New York state court judge to stop soliciting investors in what investigators called a classic Ponzi scheme.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug

    Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.

  • March 01, 2024

    Thoma Bravo Ups Everbridge Deal Size By $300M, To $1.8B

    Cooley LLP-advised software company Everbridge said Friday that Kirkland & Ellis LLP-led Thoma Bravo has agreed to up its proposed acquisition of Everbridge to $35 per share from $28.60, boosting Everbridge's implied value on the transaction from $1.5 billion to $1.8 billion and sending its stock soaring an additional 25%. 

  • March 01, 2024

    Fired Boston Top Cop Says 'Destroyed Reputation' Merits Trial

    A Boston police commissioner fired after decades-old allegations of domestic abuse surfaced told a federal judge he is entitled to his day in court for his defamation suit, saying the city's former mayor "destroyed" his reputation in the press.

  • February 29, 2024

    Pentagon Leak Suspect To Change Plea In Hearing Next Week

    Federal prosecutors indicated Thursday that a former Massachusetts Air National Guardsman will change his not guilty plea to charges he posted hundreds of top-secret military intelligence documents online, asking a Massachusetts federal judge to schedule a change of plea hearing for next week.

  • February 29, 2024

    Two More Cos. Hit With 'In Concert' Delaware Bylaw Suits

    The number of class actions targeting companies' boards of directors and allegedly "coercive" bylaw provisions continues to grow, as two new investor suits were filed in Delaware's Court of Chancery against Massachusetts payments software company Flywire Corp. and California subscription software company Zuora Inc.

  • February 29, 2024

    Medtronic Expands Its Bladder Device Patent Fight

    Medical device conglomerate Medtronic has opened two more fronts in its fight over a new kind of "neuromodulation solution" for bladder and bowel control issues that's at the center of its ongoing intellectual property dispute with a newer and smaller rival, a recent acquisition of Boston Scientific.

  • February 29, 2024

    Mass. High Court Revises 'Complex' Anti-SLAPP Guidance

    The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.

  • February 29, 2024

    Biden Floats 3 Nominees To Return FERC To Full Strength

    President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.

  • February 29, 2024

    Insurance Co. Settles Mass. Worker's Long COVID Suit

    Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.

  • February 29, 2024

    Harvard Faces Appeal Of Ruling Over Alleged Body Part Sales

    Families suing Harvard University over the alleged theft and sale of body parts donated to the institution's medical school on Thursday appealed a ruling that found the university was immune from all claims across a dozen related lawsuits.

  • February 29, 2024

    Amazon Seller Thrasio Seeks $360M DIP Facility In Ch. 11

    Thrasio Holdings Inc., which aggregates third-party brands for sale on Amazon, has urged a New Jersey bankruptcy court to sign off on an agreement the company struck with lenders to finance the consumer goods business' Chapter 11 case to the tune of $360 million.

  • February 29, 2024

    Hub Hires: Proskauer, Hogan Lovells, The SJC

    The shortest month of the year was a day longer this year and featured some significant Boston legal market moves, including a new member of the top court, a new finance attorney at Proskauer, and Hogan Lovells adding a longtime Foley Hoag partner.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    Green Groups Back Mass. Lobstering Closure To Save Whales

    Conservation groups told a Massachusetts federal court that an offshore seasonal fishing closure is critical to stop gear entanglements threatening nearly extinct North Atlantic right whales, urging the court to reject the lobster industry's move to block the restrictions.

  • February 28, 2024

    Construction Co. Boss Gets 9 Mos. For $1M Payroll Tax Fraud

    A Boston federal judge has sentenced the owner of two Massachusetts construction companies to nine months in prison for failing to pay more than $1 million in employment taxes over a decade.

  • February 28, 2024

    Equinox And Trainer Ignored Struggling Before Injury, Suit Says

    An Equinox personal trainer ignored a client whose struggle to complete a bench press led to a ruptured pectoral muscle, according to a lawsuit filed Tuesday in Massachusetts.

  • February 28, 2024

    Mass. High Court Nominee Who Dated Gov. Confirmed 6-1

    A Massachusetts Appeals Court justice and former WilmerHale partner whose past relationship with Gov. Maura Healey raised concerns about potential conflicts of interest was confirmed 6-1 to a seat on the state's highest court on Wednesday, with several members of the Governor's Council dismissing those concerns.

  • February 28, 2024

    NuVasive Can Pierce Co. To Collect From Ex-Rep, Judge Says

    NuVasive Inc. can pierce the corporate veil to collect a $617,000-plus arbitration judgment it won against a company operated by one of its former sales representatives who improperly cut ties with the medical device company and violated his noncompete agreement, a Boston federal judge has ruled. 

  • February 28, 2024

    Major Amazon Seller Thrasio Enters Ch. 11 To Cut $500M Debt

    Thrasio Holdings Inc., a consumer goods company that is one of Amazon's largest third-party sellers, announced Wednesday that it entered Chapter 11 bankruptcy in New Jersey with the aim of cutting nearly $500 million in debt while bringing in more capital.

Expert Analysis

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cos. Must Show Discretion In Public Statements When Sued

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    A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

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    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

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