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Massachusetts
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November 28, 2023
Recovery Firm's Ukraine Contract Beef Too Old, 1st Circ. Says
The First Circuit refused to revive an international asset recovery firm's longstanding dispute with the Ukrainian government over alleged unpaid work the firm did to uncover assets stolen by a former prime minister, saying most of the claims had expired.
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November 28, 2023
Davis Malm Misled Investors In Defunct Startup, Suit Says
A group of investors in a now-defunct Massachusetts startup who say the company's founder pocketed some of their funds and used the rest to satisfy judgments in prior court cases are accusing Davis Malm & D'Agostine PC and one of its partners of misleading them as to how their money was being used.
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November 28, 2023
United To 'Aggressively' Push For Low-Cost Flyers, Exec Says
A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering.
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November 28, 2023
Bakery Distributors Ask Supreme Court To Wait To Mull Case
Workers who delivered baked goods for Flowers Foods and two subsidiaries told the U.S. Supreme Court that the companies' petition to the high court to review a First Circuit decision denying them arbitration should wait for a similar case.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Nelson Mullins Hires Venture Capital Partner In Boston
Nelson Mullins Riley & Scarborough LLP has hired a partner in Boston who focuses his practice on corporate law and venture capital matters, bringing with him more than two decades of legal experience, the firm recently announced.
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November 27, 2023
Zuckerberg Rejected Mental Health Filter Policy, States Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
EU Says Amazon's IRobot Deal Could Hurt Competition
European enforcers said Monday that a review of Amazon's planned $1.7 billion purchase of iRobot shows the deal could allow the e-commerce giant to block rival robotic vacuum cleaner makers by limiting their access to its marketplace.
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November 27, 2023
Regeneron False Claims Act Case Paused Amid Appeal
A Massachusetts federal judge has pressed pause on a False Claims Act case against Regeneron while the First Circuit decides whether his interpretation of the law's causation standard or that of his colleague in the same courthouse is correct.
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November 27, 2023
Teva, Eli Lilly Call Off Infringement Suit Over Migraine Drug
Teva Pharmaceuticals International GmbH has moved in Massachusetts federal court to permanently drop an infringement case against Eli Lilly and Co. over a migraine drug — an action taken after the Patent Trial and Appeal Board found two patents related to the drug and its use invalid.
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November 27, 2023
Robinhood User Says Platform Withheld Info From Investors
Robinhood and four companies whose shares were available for purchase through the platform are being accused of failing to alert an investor to significant developments, including a reverse stock split and two acquisitions, in a pair of lawsuits filed in Massachusetts state court.
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November 27, 2023
Sentencing Guidelines Boosted For Atty In Pot Bribe Case
An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more.
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November 27, 2023
Holdouts In Alexion Insider Trading Case Get May Trial Date
A Manhattan federal judge set a May 2024 trial date Monday for the last two defendants to deny their participation in an alleged five-man insider trading ring revolving around Alexion Pharmaceuticals Inc.'s $1.4 billion purchase of another biotech firm.
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November 27, 2023
Nurse Practitioner Pleads Guilty To $4M Medical Scheme
A nurse practitioner pled guilty Monday to taking part in a $4 million scheme to sell unnecessary durable medical equipment to Medicare beneficiaries.
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November 27, 2023
Catching Up With Delaware's Chancery Court
Delaware's Chancery Court stuffed a lot into a shortened Thanksgiving week, with new cases involving wrestling promoter Vince McMahon, billionaire Howard Lutnick and activist investor Carl Icahn.
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November 22, 2023
Boston Faces Default In Shooting As Nixon Peabody Steps In
The mother of a mentally ill Black man who was shot to death by Boston police after she called 911 to get him help in 2016 asked a judge Wednesday to enter a default judgment against the city, now represented by Nixon Peabody, after years of what the judge has already characterized as the city "slow walking" its discovery obligations.
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November 22, 2023
Bioverativ Class Seeks Sanctions For Insiders' Trades
Stockholders who recently won a partial $84 million award in a challenge to an $11.6 billion sale of biomedical venture Bioverativ to Sanofi Inc. have asked Delaware's Court of Chancery to sanction a former Bioverativ director and the hedge fund he led for failure to produce records.
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November 22, 2023
Cannabis Co. Trulieve Sued In Mass. Over Worker's Death
The family of a woman who died last year of an asthma attack that began while she worked in a Massachusetts cannabis processing plant has sued the marijuana company and its contractors in state court, alleging that their misconduct and negligence were responsible for her death.
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November 22, 2023
2nd Circ. Shelves Investor Suit Over Hard Seltzer Sales
A Second Circuit panel ruled Wednesday that a New York district court was correct to toss a suit against The Boston Beer Co., the brewer behind Truly Hard Seltzer, that accused the beverage company of hiding declining alcoholic seltzer sales.
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November 22, 2023
Retiring Boston Judge Leaves Big Quotes To Fill
While many jurists are quiet on the bench, U.S. District Judge Patti B. Saris — who announced Wednesday she would be retiring from active judicial service — has never been shy about letting people know what she thinks.
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November 22, 2023
1st Circ. Rejects Challenge To Trump's 2024 Eligibility
The First Circuit affirmed a district court's ruling tossing a suit seeking to keep Donald Trump off the 2024 New Hampshire Republican presidential primary ballot due to his role in the Jan. 6 riots at the Capitol, saying the plaintiff had not shown he'd suffered an injury.
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November 22, 2023
Mass. AG Calls Mistake Tossing $1.5M Family Dollar Citations
Massachusetts Attorney General Andrea Campbell urged a superior court to reinstate two citations the office issued for more than $1.5 million against Family Dollar, saying that an administrative magistrate made a mistake when he tossed them.
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November 22, 2023
Mass. Judge Patti Saris To Take Senior Status
Massachusetts U.S. District Judge Patti B. Saris has told the White House she will retire from active service and take senior status, giving President Joe Biden the chance to appoint a fifth judge to the 13-member court.
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November 22, 2023
Weil Grows Partnership Class To 16 With Focus On Diversity
Weil Gotshal & Manges LLP has promoted 16 attorneys to partner — 11 of whom identify as members of historically underrepresented groups.
Expert Analysis
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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FTC Orange Book Move Signals New Pharma Patent Scrutiny
The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Cos. Must Address Growing Chatbot Class Action Risk
Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.