Massachusetts

  • February 21, 2020

    'Varsity Blues' Parent Pleads Guilty After Stint In Spanish Jail

    A parent charged in the “Varsity Blues” college admissions scandal pled guilty in Boston on Friday to bribing her son’s way into UCLA as a phony soccer player, agreeing to no additional jail time on top of the five months and one week she served in Spain awaiting extradition to the U.S.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    Mass. Securities Chief Sets Up State Rules, Blasting SEC Regs

    Massachusetts' top securities cop sharply criticized U.S. Securities and Exchange Commission broker standards as he announced Friday that the Bay State will implement its own conduct rules that are stricter than those set forth by the federal government.

  • February 21, 2020

    SoClean Wants To Bar 'Knockoff' CPAP Cleaner From Expo

    A maker of CPAP cleaning machines wants to bar a rival from attending an industry trade show and marketing a competing device it claims is ripped off from its technology, according to a complaint filed Thursday in Massachusetts federal court.

  • February 21, 2020

    1st Circ. Upholds Asylum Denial Over Lack Of Persecution

    A Chinese native who was arrested back home for being affiliated with a cult can't obtain asylum after the First Circuit upheld a Board of Immigration Appeals finding that the man lacks a strong enough reason to fear returning to China.

  • February 21, 2020

    Hot Pocket Heiress Seeks Probation For 'Varsity Blues' Bribes

    Michelle Janavs, whose father started the company that created the Hot Pocket, has argued the federal government has not shown any reason why she should not get probation for agreeing to pay $300,000 in bribes in the "Varsity Blues" college admissions case.

  • February 21, 2020

    Feds Want 1st Circ. To Back Convictions Of Ex-NECC Execs

    Federal prosecutors are urging the First Circuit to reinstate the convictions of two former New England Compounding Center executives for defrauding the U.S. Food and Drug Administration, arguing the district court was wrong to find the convictions were legally impossible.

  • February 21, 2020

    Calif. Private AG Law: Coming To A State Near You?

    New York, Massachusetts and a handful of other states may soon follow California’s lead and empower workers to bring wage, discrimination and other employment lawsuits on the state’s behalf, blunting the arbitration agreements many businesses have adopted to ward off costly class actions.

  • February 20, 2020

    Schemer Gets 6 Mos. For Playing PixarBio's Fraud 'Game'

    A judge sentenced a main player in PixarBio's fraud scheme to six months in prison on Thursday, saying the friend and former roommate of convicted company CEO Frank Reynolds thought their stock manipulation ploy was a mere "video game."

  • February 20, 2020

    1st Circ. Won't Nix Fraud Scheme Conviction Over Google Info

    The First Circuit on Thursday refused to overturn a doctor's conviction for scheming to bill Medicare and other health insurers for services never actually performed, rejecting his challenge of a lower court's denial of his bid to suppress data obtained through a 2014 warrant on Google.

  • February 20, 2020

    Mass. Justices Call ICE Deportation 'An Affront To Justice'

    Top Massachusetts state court justices criticized U.S. Immigration and Customs Enforcement in a letter made public Thursday, calling the recent deportation of a defendant facing drug charges before he could stand trial "an affront to justice."

  • February 20, 2020

    Leak Triggers Call For Sanctions In Priest's Short-Selling Suit

    Ligand Pharmaceuticals joined the U.S. Securities and Exchange Commission's call Wednesday to sanction a Greek Orthodox priest facing a short-selling suit for trying to “poison the well” with selective leaks to a Barron’s reporter of confidential documents.

  • February 20, 2020

    Harvard Law Group Argues ICE Court Arrests Unconstitutional

    Massachusetts officials suing Immigration and Customs Enforcement over warrantless arrests at state courthouses got a boost Thursday from Harvard Law School's immigrant and refugee clinic, whose leadership said state courts are being illegally forced to carry out a federal agenda not enumerated in the Constitution and to sideline Sixth Amendment trial rights.

  • February 20, 2020

    Blank-Check Co. East Stone's Upsized IPO Raises $120M

    East Stone Acquisition Corp., a private equity-affiliated blank-check company focused on acquiring a fintech business, debuted in public markets Thursday after raising $120 million in an upsized initial public offering steered by Ellenoff Grossman & Schole LLP and underwriters counsel Schiff Hardin LLP.

  • February 20, 2020

    No Sanctions For GSK, But Both Sides Told To 'Dial It Back'

    GlaxoSmithKline will not face sanctions for a call to the U.S. Food and Drug Administration tied to multidistrict litigation over whether its anti-nausea medication Zofran causes birth defects, a Boston federal judge ruled Thursday, but he admonished lawyers on both sides to “dial ... back” their rhetoric.

  • February 20, 2020

    Ultimate Software, Kronos Form $22B HR Software Biz

    Ultimate Software and Kronos have agreed to merge and create a $22 billion behemoth in the human resources and workplace management software space, the companies said Thursday.

  • February 19, 2020

    1st Circ. Revives Worker's FCA Claims Against PharMerica

    The First Circuit revived a 13-year-old False Claims Act suit against nursing home pharmacy chain PharMerica Corp., ruling Wednesday that, contrary to the lower court's finding, the Organon USA Inc. worker had direct knowledge of the alleged kickback scheme.

  • February 19, 2020

    'Vague' Fee Entries Targeted In Boston Scientific FCA Suit

    A New Jersey federal judge said whistleblowers’ lawyers should get about $2 million less than the roughly $7.6 million in attorney fees and costs they want from Boston Scientific after settling a False Claims Act suit, citing vague billing entries for hundreds of hours spent “reviewing documents.”

  • February 19, 2020

    Sherin And Lodgen Adds Partner To RE, Corporate Team

    Sherin and Lodgen LLP has added finance and lending attorney Jack Anetakis as a partner to its real estate, corporate and renewable energy practices, the firm said.

  • February 19, 2020

    States Sue Again To Force EPA's Hand On Ozone Pollution

    Five East Coast states want the EPA to start holding states accountable for letting ozone emissions blow across borders and hurt air quality in neighboring jurisdictions, according to a lawsuit filed Wednesday in New York federal court.

  • February 19, 2020

    Pot Shop Wants Mass. City Sanctioned For Flouting Injunction

    A medicinal marijuana dispensary blasted the city of Cambridge, Massachusetts, on Wednesday, accusing the Boston suburb of illegally setting up roadblocks to the business' pursuit of a recreational cannabis license and asking a state court judge to hold the city in contempt and issue sanctions.

  • February 19, 2020

    Glaxo Says FDA Call About Zofran Suits Not 'Covert Lobbying'

    GlaxoSmithKline attorneys have told a Massachusetts federal judge that a 30-minute phone call with the U.S. Food and Drug Administration about multidistrict litigation alleging its anti-nausea medication Zofran causes birth defects wasn’t “covert lobbying” and doesn’t warrant sanctions.

  • February 19, 2020

    Au Pair Co. Hit With FLSA Suit After 1st Circ. Wage Ruling

    Three proposed classes of consultants in Massachusetts, New York and California hit an au pair agency with a suit Wednesday over allegedly unpaid wages and overtime just two months after the First Circuit ruled that the agencies are subject to state wage laws.

Expert Analysis

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Consumer Finance Poised For Greater Scrutiny From States

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    As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Back Pay Ruling Shows Nuanced Test For Extended Liability

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    An Ohio federal court’s recent decision in Santiago v. Meyer Tool demonstrates that the standard for determining extended back pay liability in wrongful termination cases may depend on why the employee left his subsequent job, and highlights a circuit split on the issue, say Lynn Kappelman and John Ayers-Mann at Seyfarth.

  • Class Actions Are A Growing Risk For CBD Cos.

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    Warning letters issued by the U.S. Food and Drug Administration and the Federal Trade Commission have sparked a wave of class actions targeting CBD companies, which could reduce investment in the industry and lower the number of products in the marketplace, says Christopher Binns of Loeb & Loeb.

  • T-Mobile/Sprint Ruling Elevates Tech Market Merger Analysis

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    A New York federal court’s recent refusal to block the merger of Sprint and T-Mobile provides a compelling case for considering the dynamism of high-tech markets and demonstrates a sophisticated understanding of the nuances and limitations of empirical economic analysis, says Jeffrey Eisenach of NERA Economic Consulting.

  • States Lead The Way On Drug Pricing Reform

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    States have demonstrated strong initiative and creativity in targeting high drug costs, though constitutional and federal limits have impeded their reform efforts, say Deborah Gardner and Scott Falin of Ropes & Gray.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

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    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

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