Massachusetts

  • February 01, 2024

    5 Mass. Rulings You Might Have Missed In January

    Massachusetts justices in Suffolk County's Business Litigation Session weighed in on the impact of a major ruling involving Robinhood Financial, a proposed class action on overdraft fees charged by a credit union, and two pandemic-related cases. Here are five January decisions that might have flown under the radar.

  • February 01, 2024

    IRS Violated Rights In Coinbase Doc Seizure, 1st Circ. Told

    The IRS violated an investor's property rights when it seized his financial records from the cryptocurrency exchange Coinbase, he told the First Circuit on Thursday, saying the government defended the violation by wrongly focusing on what it claims are the investor's lack of privacy protections.

  • February 01, 2024

    UFCW Backs Injunction Bid In Pot Co. Union Fight

    A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.

  • February 01, 2024

    Spinal Implant Maker Eyes Ch. 11 Wind-Down In Del.

    Biotechnology firm InVivo Therapeutics Corp. petitioned for Chapter 11 protection in Delaware's bankruptcy court Thursday, saying it intends to wind down after abandoning the development of its primary product, an implant to treat spinal cord injuries.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    Atty Reprises Entrapment Claim As Pot Bribe Sentence Looms

    A lawyer convicted of bribing a Massachusetts police chief working on local marijuana licensing approvals asked a Boston federal judge Thursday for a sentence of no more than a year and a day in prison, citing his "imperfect entrapment" defense and insisting that the conduct was permissible lobbying. 

  • February 01, 2024

    Ex-Boston Globe Exec Loses Wage Claim In Suit Over Ouster

    A Massachusetts judge has trimmed a former Boston Globe executive's suit over his ouster, tossing a claim under the state's Wage Act after finding that an annual incentive payment based on a percentage of the newspaper's profits is not a commission subject to the law.

  • January 31, 2024

    DraftKings Hacker Sentenced To 1½ Years In Prison

    A Manhattan federal judge hit a 19-year-old man with a year-and-a-half-long prison sentence Wednesday for hacking DraftKings user accounts in a cyberattack that ultimately cost the sports-betting site more than $1 million, calling the case a "tragedy."

  • January 31, 2024

    Carbonite Inks $27.5M Deal To End Stock-Drop Investor Suit

    Data backup provider Carbonite Inc. has agreed to pay $27.5 million to a certified class of investors alleging the company overhyped a product that was later pulled from the market, according to a motion to approve the deal filed in Massachusetts federal court on Wednesday.

  • January 31, 2024

    Solar CEO Says Feds Skimped On Offshore Wind Farm Review

    A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.

  • January 31, 2024

    Boston Seeks Pretrial Win In Fired Top Cop's Defamation Suit

    The city of Boston sought a pretrial win Wednesday in a suit brought by its fired former police commissioner, arguing that he was afforded every chance to clear his name publicly in the face of domestic violence allegations that preceded his dismissal.

  • January 31, 2024

    Architect Says Steward Owes $2M For Work On Mass. Hospital

    Financially troubled Steward Health Care and its landlord owe nearly $2 million for architectural and other professional services on a project to replace one of its Massachusetts hospitals after a 2020 flood, according to a lawsuit filed in state court.

  • January 31, 2024

    Hub Hires: Quinn Emanuel, ArentFox, Verrill, The SJC

    Boston firms hit the ground running in 2024 with numerous additions in a wide array of practice areas. Quinn Emanuel added a lawyer with decades of experience in the technology industry, ArentFox snagged a former Troutman managing partner, and the state's newest top court justice officially started her new gig.

  • January 31, 2024

    Widow Of Nelson Mullins Partner Says Firm Owes $2M

    The widow of a Nelson Mullins Riley & Scarborough LLP partner who died last year of brain cancer says the firm has refused to pay an estimated $2 million in compensation and a bonus for his final year of work there, according to a complaint filed Wednesday in Massachusetts state court.

  • January 31, 2024

    Errors Tank $10K Sanction In Deutsche Bank Foreclosure Row

    The First Circuit vacated $10,000 in sanctions against a Massachusetts attorney who sued Deutsche Bank and its outside counsel over the foreclosure of his home, finding that the sum was only won thanks to a "string of procedural errors."

  • January 31, 2024

    Mass. Eateries Blocked From Interfering In DOL Probes

    A Massachusetts federal court issued an order Wednesday restraining a pair of jointly operated restaurants from retaliating against workers looking to assert their Fair Labor Standards Acts rights to representatives of the U.S. Department of Labor.

  • January 31, 2024

    PGA Tour Gains US Partners As Saudi Talks Drag On

    The PGA Tour has partnered with a group of investors that includes several owners of U.S. pro sports franchises in a deal worth up to $3 billion, an agreement reached while negotiations continue to complete its proposed merger with the Saudi-based investment fund that owns rival LIV Golf.

  • January 30, 2024

    1st Circ. Backs Doctor In Row Over Patent Evidence

    The First Circuit has backed a lower court jury's finding in favor of a doctor accused of fraud for not obtaining the proper consent from a patient who received an experimental therapy, rejecting an argument that the lower court didn't include evidence involving a patent.

  • January 30, 2024

    Wash. Judge Won't Toss Dialysis Nurse's Class Wage Claims

    A Washington federal judge declined on Tuesday to dismiss a healthcare worker's proposed class action accusing Fresenius Medical Care and one of its subsidiaries of wage violations, ruling the former nurse has shown the companies are joint employers that could potentially both be held liable for the allegations.

  • January 30, 2024

    Suit Over Lobster Fishing Rule Now Moot, Judge Says

    A D.C. federal judge has dismissed a suit from environmental groups challenging regulations that they say fail to adequately protect an endangered whale species, with the judge holding in an opinion filed Monday that a new law and a circuit court ruling make their claims moot.

  • January 30, 2024

    Gun Industry Avoids 'Gamechanging' 1st Circ. Mexico Ruling

    The First Circuit's recent decision to revive a suit by Mexico seeking to hold Smith & Wesson and other gunmakers responsible for thousands of weapons trafficked south of the border was a blow to the industry but not nearly as "gamechanging" as it could've been, experts said.

  • January 30, 2024

    Boston Globe Says Ex-Exec's Wage Claim Ignores Mass. Law

    An ousted Boston Globe executive can't bring wage claims over an outstanding payment that was based on a percentage of profits because it was a bonus and not a commission, a lawyer for the newspaper told a judge Tuesday.

  • January 30, 2024

    JetBlue, Spirit Seek Speedy 1st Circ. Appeal Of Merger Block

    JetBlue and Spirit Airlines are asking the First Circuit to expedite their appeal after a Massachusetts federal judge blocked the two low-cost airlines' plans for a merger valued at $3.8 billion, saying a decision should be made before the deal's closing date this summer.

  • January 30, 2024

    Chancery Tosses Drone Co.'s Claims Against Software Vendor

    A Massachusetts provider of drone software has beaten accusations that it breached a software licensing agreement with a Utah-based drone maker, with Delaware's Court of Chancery on Tuesday dismissing all claims against the software vendor.

  • January 30, 2024

    Pfizer Says Moderna Telling FDA One Thing, PTAB Another

    Pfizer has told the Patent Trial and Appeal Board that the language Moderna used to quickly gain approval from the U.S. Food and Drug Administration for its COVID-19 vaccines should doom its efforts to defend its patents at the board, accusing it of pursuing a "litigation-driven one-eighty."

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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