Massachusetts

  • July 02, 2020

    PwC Employees Say Too Late To Add Them To TelexFree MDL

    Attempts to add a PricewaterhouseCoopers partner and manager as defendants in the multidistrict litigation over the TelexFree Ponzi scheme are pure "gamesmanship" and should not be permitted, the men told a Massachusetts federal judge Wednesday.

  • July 02, 2020

    Gov. Wants Mass. Top Court To Weigh In On COVID-19 Orders

    Massachusetts Gov. Charlie Baker and a group of business owners suing him for closing them down during the COVID-19 pandemic have asked the state's top court to weigh in on whether the governor overstepped his authority during the crisis.

  • July 02, 2020

    As Courts Punt CBD Class Actions, Attys Wait For FDA To Act

    A string of federal courts have paused consumer class actions against CBD companies until the U.S. Food and Drug Administration issues long-anticipated rules governing the products, but litigants say the regulations, once finalized, are unlikely to resolve any of the issues raised by the cases.

  • July 02, 2020

    Fidelity Settles Workers' 401(k) Plan Suit For $28.5M

    Fidelity has struck a $28.5 million deal with current and former employees to settle a class action claiming the investment firm put profits ahead of their retirement savings by harvesting "excessive" fees from a limited lineup of Fidelity-affiliated funds in its 401(k) plan. 

  • July 02, 2020

    Calif. Criticizes FERC Transmission Incentives Proposal

    A coalition of states, including California and Massachusetts, criticized the Federal Energy Regulatory Commission's proposal to update incentives for transmission projects, saying it doesn't do much to reduce the amount consumers must pay or help the right kinds of projects.

  • July 02, 2020

    Ex-Pimco CEO Won't Get New 'Varsity Blues' Sentencing

    A federal judge won't reconsider the former CEO of Pacific Investment Management Co.'s nine-month prison term in the "Varsity Blues" college admissions case, ruling Thursday that he failed to show the government withheld evidence suggesting he's innocent.

  • July 02, 2020

    Alexion Pharmaceuticals To Pay SEC $21M Over FCPA Claims

    Alexion Pharmaceuticals will shell out almost $21.5 million to settle U.S. Securities and Exchange Commission claims that two Alexion subsidiaries bribed Russian and Turkish officials to secure preferential treatment for its blood disorder drug, Soliris, the SEC said Thursday.

  • July 01, 2020

    Novartis To Pay $729M To End 2 FCA Kickback Accusations

    Novartis Pharmaceuticals Corp. has agreed to pay more than $729 million to end two separate sets of allegations from the U.S. Department of Justice that it violated the False Claims Act through companywide kickback schemes to pump up prescriptions, the agency said Wednesday.

  • July 01, 2020

    Insys Execs Can't Dodge Prison During Appeal, Seek Delay

    The First Circuit said Wednesday that Insys Therapeutics Inc. founder John Kapoor and other former executives can't dodge prison while they appeal convictions on charges of scheming to bribe doctors to prescribe the company's fentanyl spray, but they're asking the trial court to put off their prison surrender date.

  • July 01, 2020

    Fed. Circ., Judge Nix CardioNet Heart Monitor Patent Claims

    CardioNet's heart monitor patent cases against two different companies were dealt blows Wednesday by both the Federal Circuit, which invalidated three of the patents under Alice, and a Massachusetts federal judge, who axed infringement allegations on another patent for being filed too late.

  • July 01, 2020

    RICO Charge Not Fit For 'Varsity Blues' Coaches, Judge Hears

    Federal prosecutors have no business hitting coaches and officials in the "Varsity Blues" college admissions case with a racketeering charge, a federal judge heard Wednesday during a lengthy hearing over bids to pare the hard-hitting statute from the indictment.

  • July 01, 2020

    Portola Investor Wants Docs About $1.4B Alexion Deal

    A Portola Pharmaceuticals investor filed a lawsuit Tuesday in Delaware Chancery Court seeking records from the biotech company to probe possible wrongdoing related to its proposed $1.4 billion purchase by Alexion Pharmaceuticals, asserting Portola's directors seemed driven to sell by "COVID-19 pandemic-driven fear."

  • July 01, 2020

    Cresco Inks $29M Sale-Leaseback Deal For Mass. Pot Facility

    Cannabis heavyweight Cresco Labs said Wednesday that it sold and leased back a cultivation, processing and dispensing facility in Massachusetts for $29 million, a deal that includes $21 million earmarked for improvements at the 118,000-square-foot site.

  • July 01, 2020

    Composter Coverage Tiff Belongs In State Court, Judge Says

    A Massachusetts federal judge has thrown out a suit by Scottsdale Insurance Co. seeking to avoid defending the operator of a composting facility in a suit over alleged pollution at the facility, saying the dispute fits better in the same state court as the pollution suit.

  • July 01, 2020

    Hilton Not Liable For Man's Drowning, 1st Circ. Affirms

    Family members of a doctor who died while snorkeling off Puerto Rico can't revive their $20.5 million lawsuit against a Hilton resort because they didn't prove that the hotel's alleged negligence caused the man's death, the First Circuit said Tuesday.

  • July 01, 2020

    Mass. Cancels In-Person Bar Exam, Will Test Remotely

    After pushing the bar exam back to the fall, Massachusetts has opted to be the first state to administer the test remotely due to seating limitations and concerns about the COVID-19 pandemic, the state's Supreme Judicial Court and Board of Bar Examiners announced Wednesday.

  • June 30, 2020

    Ex-Indivior CEO Cops To Misdemeanor In Opioid Case

    Former Indivior CEO Shaun Thaxter pled guilty in Virginia federal court Tuesday to a misdemeanor for failing to prevent the company from giving misleading safety statistics to Massachusetts officials as part of a marketing campaign for one of the company's opioid addiction treatments.

  • June 30, 2020

    Biogen Gets Temporary Halt On Unapproved Mylan MS Drug

    Biogen has urged the Federal Circuit to bar Mylan from moving forward with a generic version of Biogen's top-selling multiple sclerosis drug Tecfidera while it appeals a patent invalidation, leading the appellate court to grant temporary relief Tuesday.

  • June 30, 2020

    Uber Drivers Ask 1st Circ. For Employee Status Via Injunction

    An Uber driver told the First Circuit on Tuesday that the company's practice of classifying drivers as independent contractors flouts Massachusetts wage laws, diminishes labor standards and strains the state's social safety nets, all of which justify granting drivers employee status through an injunction.

  • June 30, 2020

    States Criticize EPA Push To Maintain Particulate Matter Regs

    A coalition of states including Maryland and New York told the U.S. Environmental Protection Agency that fine and coarse particulate matter pollution kills thousands of people each year and the agency is wrong not to tighten its rules to better protect public health.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    Fla. Pushes To Use Video Footage From Sting That Got Kraft

    Florida told a state appeals court Tuesday that video evidence collected by police in the day spa prostitution sting that ensnared New England Patriots owner Robert Kraft should not be suppressed, arguing that there was no Fourth Amendment violation in the police's use of video surveillance.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    Harvard Groups Say Suit Over Single-Sex Club Ban Not Moot

    Fraternities and sororities suing Harvard University over a policy sanctioning students for joining single-gender organizations said Tuesday the case is not moot despite the school's decision to end the practice.

  • June 30, 2020

    BlackRock Joins Goldfinch Bio's $100M Series B Round

    Kidney disease-focused biotechnology company Goldfinch Bio Inc. has raised $100 million in a financing round led by Eventide Asset Management and attracting new investors including funds managed by BlackRock Investment LLC, in a deal worked on by Ropes & Gray LLP, the company said Tuesday.

Expert Analysis

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • 10 Key Considerations For Commercial Leases After COVID-19

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    Negotiating commercial leases after COVID-19 will require careful attention to many issues arising from both landlords' and tenants' new priorities, as well as government regulations, say Cynthia Keliher and Jonathan Pizarro-Ross at McCarter & English.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

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