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Massachusetts

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    Hospitalized Man Asks To Pause FCA Suit Over Blood Tests

    Attorneys for a patient who brought a False Claims Act suit accusing eight companies of receiving Medicare payouts for unnecessary blood testing kits asked a Massachusetts federal court Wednesday to put the case on hold due to their client’s recent hospitalization.

  • January 16, 2019

    Ariad Exec’s Ex Gets 18 Months For Trading On Drug Info

    The ex-husband of a former Ariad Pharmaceuticals executive was sentenced to 18 months in prison Wednesday for insider trades he made based on meetings his then-wife had with the U.S. Food and Drug Administration about the company's cancer drug.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    ACLU Opposes DHS Stay Request In Married Immigrants Suit

    The American Civil Liberties Union of Massachusetts will oppose the government's shutdown-related motion to pause a proposed class action by immigrants fighting deportation orders for their noncitizen spouses after the U.S. Department of Homeland Security balked at an ALCU request to provide more information on potential removals.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Boston Ripe With Opportunities For Firm Growth

    About one in three small and midsize firms in Boston are open to a combination with another firm, according to a survey of law firm leaders released Tuesday, as the city continues to be a locus of growth for firms aiming to develop their presence in the market.

  • January 15, 2019

    Former Marketing CFO Gets 8 Years For Embezzling $3.8M

    The former chief financial officer of an international marketing and public relations firm was sentenced Tuesday in Boston federal court to more than eight years in prison for stealing over $3.8 million from his employer across a decade.

  • January 15, 2019

    Ex-Georgeson Adviser Guilty In Tix-For-Votes Scheme

    A Massachusetts federal jury convicted a former Georgeson LLC adviser on fraud and conspiracy charges Tuesday afternoon, delivering a win for prosecutors who claimed the adviser participated in a scheme to swap sports tickets for confidential shareholder voting data after their first bid to convict her ended in a mistrial.

  • January 15, 2019

    Edwards Pays Boston Scientific $180M, Ending All IP Fights

    Edwards Lifesciences Corp. has agreed to pay Boston Scientific Corp. $180 million to settle all patent litigation worldwide tied to coronary repair devices, the companies announced Tuesday.

  • January 15, 2019

    Pulling Up Stakes: Shearman, DLA Piper, Latham

    In our latest roundup of deal makers on the move, Shearman & Sterling LLP adds some capital markets firepower in Houston, DLA Piper hires an M&A and private equity pro in Washington, D.C., and Latham & Watkins LLP beefs up its private equity practice with a pair of partners in New York.

  • January 15, 2019

    In Win For Workers, Justices Nix Trucking Co. Arbitration Bid

    The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.

  • January 14, 2019

    1st Circ. Denies NFL Benefits To Late Patriots Pro's Ex-Wife

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu cannot claim survivor benefits from the NFL after the First Circuit ruled that a posthumous domestic relations order does not overrule the couple's marital separation agreement that only entitled her to receive one-third of his benefits.

  • January 14, 2019

    What Noncompete Lawyers Ought To Be Watching In 2019

    Attorneys who handle restrictive covenants will be following a handful of cases and open legal questions as the new year progresses, including a series of suits challenging no-poach agreements and an anticipated wave of litigation over Massachusetts’ new noncompete law. Here, Law360 breaks down what lawyers will be keeping an eye on.

  • January 14, 2019

    GTC Law Group Settles Chancery Fight Over IP Asset Sale

    GTC Law Group told a Delaware Chancery Court judge Monday that it had reached a settlement deal for a temporary restraining order with a secured lender of its client Osterhout Group Inc. that will allow a sale of the technology company to move forward while setting aside up to $700,000 in unpaid legal fees.

  • January 14, 2019

    2 Biotech Firms, Chinese Lender File IPOs Totaling $192M

    Two biotechnology companies and a Chinese online lender filed initial public offerings on Friday preliminarily estimated to raise $192 million, adding to a growing backlog of IPOs that are waiting for the government to reopen before the submissions can move through the pipeline.

Expert Analysis

  • Does ADA Cover Accommodations For Transgender Workers?

    Lindsey Conrad Kennedy

    Much has been written about whether Title VII of the Civil Rights Act covers discrimination based on transgender status or gender identity, but how the Americans with Disabilities Act comes into play has largely remained uncharted territory. Until now, says Lindsey Conrad Kennedy of Eckert Seamans Cherin & Mellott LLC.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.