Massachusetts

  • November 21, 2019

    Camera Suppliers Owe Contractors $2M, Judge Suggests

    A federal magistrate recommended hitting two Massachusetts-based companies with a $2 million default judgment Thursday after they didn't respond to claims that they cost two Iraqi government contractors more than $1 million by breaching deals to provide security cameras.

  • November 21, 2019

    Insys Reaches Creditor Deal For Tiered Ch. 11 Recoveries

    Bankrupt opioid maker Insys Therapeutics Inc. told a Delaware bankruptcy judge Thursday that negotiations over the past week had resulted in a deal with its creditors on a Chapter 11 plan that will provide tiered recoveries to claimants in different classes.

  • November 21, 2019

    Pai Drawing Up New Robocall Regs If Carriers Don't Hustle

    Unhappy with the progress carriers have made toward implementing robocall-screening caller ID measures, Federal Communications Commission Chairman Ajit Pai said Thursday that his staff is preparing new rules in case carriers don’t move fast enough by the end of the year.

  • November 21, 2019

    T-Mobile Says 'No Legitimate Objection' To Steeple Antennas

    T-Mobile has asked a Massachusetts federal judge for a quick win in its suit against a coastal town for rejecting its request to install six wireless antennas, asserting the steeple of the church where it wants to erect the equipment is “the only feasible location that can remedy” a significant gap in cell service.

  • November 21, 2019

    Mass. Senate OKs 75% Tax On E-Cigarettes, Vapor Products

    Massachusetts has taken a step closer to imposing an excise tax on electronic cigarettes and other vapor products under a bill the state Senate has approved against the backdrop of a continuing court battle over the governor’s temporary vaping ban.

  • November 21, 2019

    RI Climate Suit Is No State Court Matter, 1st Circ. Told

    A Rhode Island suit seeking to hold 21 fossil fuel companies responsible for the effects of climate change belongs in federal court, the companies told the First Circuit on Wednesday, arguing the nation’s interests are not best served by allowing each state to apply its own laws.

  • November 21, 2019

    Defense Co. Was Upfront In Saudi Bomb Deal, 1st Circ. Finds

    A defense contractor did not lure a Saudi consultancy into a low-fee contract with the promise of an offset payment after inking an arms deal with the Saudi government, the First Circuit held in an opinion Wednesday that affirmed a lower court ruling.

  • November 20, 2019

    Amazon Home Security Raises Privacy Concerns, Dems Say

    A group of Senate Democrats raised privacy concerns Wednesday about Amazon's home security system, Ring, and want to know how users' personal information will be protected from hackers and foreign agents once it's on Amazon's servers.

  • November 20, 2019

    Fed. Circ. Won't Lift Attorney's USPTO Suspension

    The U.S. Patent and Trademark Office was within its rights to ban a Canadian attorney who had his Pennsylvania license suspended three times, practiced without a license in Massachusetts and submitted documents to the USPTO during one of the suspensions, the Federal Circuit said Wednesday.

  • November 20, 2019

    Fund Pays $4M To Settle Mass. Medicare Kickback Probe

    A Florida-based foundation agreed to pay $4 million to settle allegations that it violated the False Claims Act by helping Teva, Biogen and Novartis pay kickbacks to Medicare patients taking the companies' drugs, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • November 20, 2019

    Hologic Inks $205M Sale Of 'Underperforming' Med Tech Co.

    Hologic detailed plans Wednesday to sell its "underperforming" medical aesthetics company Cynosure for $205 million to private equity firm Clayton Dubilier & Rice, in a deal steered by Wachtell and Debevoise.

  • November 20, 2019

    Cancer Treatment Startup Raises $56M In Funding

    Werewolf Therapeutics, a Massachusetts-based biotherapeutics startup, said Wednesday it raised $56 million in Series A funding to help fund cancer treatment development.

  • November 20, 2019

    Nurses Hit Harvard Pilgrim With Pair Of Mass. FLSA Suits

    Harvard Pilgrim Healthcare Inc. was hit with a pair of Fair Labor Standards Act suits on Wednesday by Massachusetts nurses who say they were denied overtime pay after previously being improperly classified as exempt from state and federal overtime laws.

  • November 20, 2019

    Gov. Can't Ban Vapes Via Exec Order, Mass. Top Court Hears

    Allowing Massachusetts Gov. Charlie Baker's sweeping ban on vaping products to stand would clear the way for the state to regulate virtually any product through an emergency executive order, a vaping industry group argued in a brief filed with the state's top court late Tuesday.

  • November 19, 2019

    Lawmakers To MLB: Don't Downsize Minor League

    A bipartisan group of more than 100 House lawmakers in a letter unveiled Tuesday blasted Major League Baseball over reported plans to downsize the Minor League Baseball system, urging MLB to “strongly reconsider its proposed course.”

  • November 19, 2019

    Freshfields Owes For Work Wooing Cleary Atty, Recruiter Says

    A Massachusetts executive recruiting firm on Tuesday accused Freshfields Bruckhaus Deringer US LLP of refusing to pay millions of dollars in fees owed for its work recruiting a successful corporate law partner from Cleary Gottlieb Steen & Hamilton LLP.

  • November 19, 2019

    Mass. Gov. Defends Vape Ban In 'Time Of Crisis'

    Massachusetts Gov. Charlie Baker defended his ban on the sale of vaping products in the state, telling the Supreme Judicial Court in a brief filed Tuesday that the emergency measure is "an essential tool" for action in a "time of crisis."

  • November 19, 2019

    Grid Policy Shuts Out Offshore Wind Lines, FERC Told

    A power line developer on Monday told the Federal Energy Regulatory Commission that regional grid operator PJM Interconnection wrongly bars transmission projects serving planned Atlantic offshore wind farms from hooking up with the grid and could stymie the ambitious clean energy goals of coastal states.

  • November 19, 2019

    Biz Groups Back US Bank In Supreme Court Pension Fight

    Big-business interests are assembling behind U.S. Bank in its Supreme Court fight to limit ERISA class actions against corporate pension plans, with a pair of free-market law firms and three lobbying groups filing amicus briefs in the case Monday and Tuesday.

  • November 19, 2019

    Real Estate Rumors: Munich RE, Lululemon, Investors Bank

    Munich RE is reportedly paying between $850 million and $900 million for a Manhattan office tower, Lululemon is said to have sold a Boston building for more than $7 million, and Investors Bank has reportedly loaned $30 million for a Pennsylvania retail center.

  • November 19, 2019

    Mass. Logistics Co. To Pay Market Price For Lobster Theft

    A Massachusetts logistics company will have to pay full market price after being found responsible for allowing the theft of nearly $300,000 worth of lobster, a Boston federal judge ruled Tuesday.

  • November 19, 2019

    From India, Accused Insider Trader Says He's No Fugitive

    A man who left the U.S. for India after being charged with insider trading asked a Massachusetts federal judge Tuesday to reconsider a $9 million bond forfeiture, arguing that he is not, despite the judge’s opinion to the contrary, a fugitive.

  • November 19, 2019

    KPMG Owes College Nothing For Missing $4.1M Fraud

    KPMG owes no damages to Merrimack College for not catching a former employee's student loan fraud during the years it audited the school's financial statements, a Massachusetts state jury decided Tuesday, holding that negligence by the school itself was largely to blame.

  • November 18, 2019

    AmeriGas, Blue Rhino Get Prelim OK On $12.6M Antitrust Deal

    A Missouri federal judge gave propane giants Blue Rhino and AmeriGas an initial green light Monday to move forward with a $12.6 million bundle of retailer settlements, ending part of multidistrict litigation in which the companies were accused of fixing prices through an agreement to underfill tanks.

  • November 18, 2019

    1st Circ. Revives Lawyer On The Lam's Bankruptcy Case

    The First Circuit on Friday revived a Massachusetts lawyer's bankruptcy lawsuit that the court said was filed in an effort to dodge arrest warrants, sanctions and a nearly million-dollar judgment against him, finding that the lower court went too far by tossing his case for being a fugitive in state actions against him.

Expert Analysis

  • Warren Bill Presents Powerful Headwinds For Private Equity

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    If passed, Sen. Elizabeth Warren's private equity reform bill would protect companies being purchased by private equity, but impose significant restrictions on funds by eliminating the liability shield and favorable tax treatment they currently enjoy, say Jon Brose and Kevin Neubauer at Seward & Kissel.

  • FAA Efforts Aim To Reduce Drone Jurisdictional Disputes

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    Local and state laws concerning drones are widespread, but so, too, are confusion and disagreement over the extent of federal jurisdiction in this area. The Federal Aviation Administration's forthcoming remote identification rules may help resolve some of these conflicts, says Mark Dombroff of Fox Rothschild.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • High Court Hears DACA: Procedure, Practicalities, Predictions

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    At oral argument last week, the U.S. Supreme Court justices seemed likely to rule that the Trump administration had sufficient reasons to rescind the Deferred Action for Childhood Arrivals program, which would leave the lives of DACA recipients and their families in limbo, says Jaclyn Kelley-Widmer at Cornell Law School.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • An Inside Look At PFAS Regulatory Action: Part 2

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    In the final part of this video series, Charles Knauss and Daniel Grucza of Hunton outline approaches companies can take to deal with litigation over per- and polyfluoroalkyl substances, as federal and state regulations and laws around PFAS are in flux.

  • An Inside Look At PFAS Regulatory Action: Part 1

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    In the first part of this two-part video series, Charles Knauss and Daniel Grucza of Hunton discuss how Congress is exploring regulatory action for per- and polyfluoroalkyl substances, and how states are already beginning to implement their own regulations for the chemicals.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • State Net

    Data Privacy Laws, Hackers Put Cyber Insurance In Spotlight

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    The California Consumer Privacy Act and other state data privacy laws have not only motivated companies to rethink how they manage consumer data — they also have many organizations thinking more than ever about cyber insurance coverage, says Rich Ehisen of State Net Capitol Journal.