Massachusetts

  • March 05, 2021

    Mass. Justices Back Narrow Religious Carveout To Bias Law

    The "ministerial exception" to anti-discrimination laws does not shield a small Christian college from a social worker's suit alleging she was denied a promotion due to her LGBTQ+ advocacy, Massachusetts' top court ruled Friday.

  • March 04, 2021

    NLRB Approves Nurses Union's Win Despite Telephone Issues

    A National Labor Relations Board regional official on Thursday upheld a nine-vote union election win for the Massachusetts Nurses Association, rejecting the hospital's argument that board-side phone issues disenfranchised workers.

  • March 04, 2021

    Maritime Museum Seeks to Dodge $60M Sub Damage Suit

    An Australian museum asked a Massachusetts federal judge to hand it an early win in a $60 million dispute over a borrowed submarine that was damaged by fire during transit, arguing that it does not owe an American museum any payment after obtaining a $6.5 million insurance policy.

  • March 04, 2021

    Mass. Justices' Med Mal Standard Repeal Stuns Plaintiff Attys

    The Massachusetts Supreme Judicial Court shocked many plaintiffs' attorneys last week when it abolished an "unnecessarily confusing" alternative standard used by juries to determine whether a health care provider caused a patient's injury, with some calling the ruling unnecessary and a sweeping transformation of decades of jurisprudence.

  • March 04, 2021

    1st Circ. Won't Vacate Conviction Tied To Rwandan Genocide

    The First Circuit denied a Rwandan woman's habeas corpus petition on Wednesday, finding that a faulty jury instruction that had led to her criminal conviction would not have yielded a different outcome if corrected.

  • March 04, 2021

    Alleged Charity Robocall Scammers Cut $110M FTC Deal

    Telemarketers behind an alleged massive robocall scheme cut deals totaling $110 million to resolve allegations by the Federal Trade Commission and dozens of states they bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, according to documents filed in Michigan federal court Wednesday.

  • March 04, 2021

    1st Circ. Says Abbott Doesn't Owe $1M Age Bias Verdict

    The First Circuit struck down a $1 million win for an Abbott Laboratories worker who accused the company of age bias, throwing out the bulk of her claims but sending a retaliation claim back to a lower court for a new trial.

  • March 05, 2021

    Business Suits Over COVID Rules Likely To Fail, But Not Slow

    The many constitutional challenges to coronavirus restrictions that businesses have launched are unlikely to succeed, but their proliferation worries public health law experts, who say more are coming and even those that fail can undermine public health measures, now and for future pandemics.

  • March 04, 2021

    Northeastern Says Pandemic Isn't Money-Back Guarantee

    Northeastern University wants a pretrial win in a proposed class action by students seeking tuition dollars back because COVID-19 forced classes online, telling a judge Wednesday that its agreement with students bars claims for events out of its control.

  • March 04, 2021

    Whole Foods Workers Appeal Loss In BLM Mask Ban Case

    Whole Foods Markets Inc. workers will ask the First Circuit to review a lower decision tossing nearly all their discrimination claims over the grocer's disciplining of employees who wore Black Lives Matter face masks to work, according to a notice filed this week.

  • March 03, 2021

    Racetrack Loses Bid In 1st Circ. To Revive Wynn RICO Suit

    The former owner of the shuttered Suffolk Downs racetrack was too far removed from the competition for a Massachusetts casino license to claim that it was injured when Wynn Resorts Ltd. was awarded the bid, the First Circuit ruled Wednesday in refusing to revive the lawsuit.

  • March 03, 2021

    Latham, Ropes Guide $1.07B Boston Scientific-Lumenis Deal

    Boston Scientific will pay $1.07 billion to buy the global surgical business of Israeli medical device company Lumenis, the companies said Wednesday, in a deal developed with help from Latham & Watkins and Ropes & Gray. 

  • March 03, 2021

    BU Loses LED Patent Case At Fed. Circ. Again

    The Federal Circuit on Wednesday declined to second-guess a Massachusetts federal judge who rejected Boston University's efforts to amend its claims after a nearly $14 million jury verdict the school won against three Taiwanese LED manufacturers was overturned.

  • March 03, 2021

    DraftKings Settles MDL For $720K Plus $7M In Site Credit

    Daily fantasy sports site DraftKings Inc. on Wednesday settled its part of a multidistrict lawsuit filed by players who accused the platform of running an illegal gambling enterprise, agreeing to pay $720,000 plus more than $7 million in site credit while taking steps to curb compulsive playing.

  • March 03, 2021

    Dell Website Not Accessible To The Blind, Suit Says

    Dell Technologies Inc. is violating federal accessibility laws by maintaining an improperly formatted website and online store that is more difficult to interact with for blind people than sighted people, according to a lawsuit filed Wednesday in Massachusetts federal court.

  • March 03, 2021

    Real Estate Rumors: Elion, Tocco, Dalfen Industrial

    Elion Partners has reportedly paid $29.7 million for a New Jersey industrial property, investors John Tocco and Ricky Beliveau are reportedly hoping to build a 21-story residential tower in Massachusetts, and Dalfen Industrial is said to have paid $19.5 million for at least 76 acres of land near Nashville's airport.

  • March 03, 2021

    1st Circ. Backs Bakery Win In Ex-Worker's Disability Suit

    The First Circuit upheld a bakery's victory in a suit by a worker who said he was fired after returning from leave following a knee replacement, saying the ex-employee hadn't done enough to rebut the company's claim that he was fired for coming back too late.

  • March 03, 2021

    1st Circ. Revives Ex-Medical Salesman's Race Bias Suit

    The First Circuit ruled that a lower court jumped the gun in dismissing a suit from a Black medical equipment salesman fired after confrontations with a clinic owner, saying documents he wanted to use to bolster his discrimination case shouldn't have been discounted.

  • March 02, 2021

    Fed. Circ. Hands Win To Samsung In Software Patent Fight

    Samsung scored a victory Tuesday in a patent fight over software application technology when the Federal Circuit reversed a lower-court decision that upheld a rival's patent for delivering apps to electronic devices through web-based app stores.

  • March 02, 2021

    Co. Slams CFPB's 'Hyberbolic' Immigration Bond Suit

    A bond services company that caters to individuals leaving immigration detention asked a Virginia federal court to nix a suit alleging predatory business practices, calling the Consumer Financial Protection Bureau and state claims "hyperbolic, inaccurate, and flat-out false."

  • March 02, 2021

    EB-5 Biz Groups Sue Feds Over New Investment Restrictions

    A group of businesses that raise money from foreign investors seeking visas through the EB-5 program sued the government in D.C. federal court Tuesday in a bid to block a new policy that restricts the redeployment of EB-5 investment funds to certain preapproved geographic areas.

  • March 02, 2021

    States, Greens Slam Stay Bid In Auto Emissions Challenge

    The Biden administration should not be allowed to pause litigation over Trump-era vehicle emissions standards because the harm caused by the regulations must be addressed as soon as possible, environmental groups and a coalition of states and local governments told the D.C. Circuit Monday.

  • March 02, 2021

    Insys Founder Says 'Spillover Prejudice' Warrants New Trial

    The founder of opioid maker Insys Therapeutics insisted Tuesday he deserves a new trial on his landmark racketeering conviction, telling a federal appeals court the outcome was adulterated by "spillover prejudice" from emotional testimony on counts that were gutted only after the verdict.

  • March 02, 2021

    5th Circ. Told Highland Capital Can't Block Shareholder Suit

    A Highland Capital Global Allocation Fund shareholder on Tuesday urged the Fifth Circuit to reinstate her proposed derivative class action alleging breaches of fiduciary duty, arguing that a Texas federal court wrongly found that fund trustees were qualified to deny her demand for legal action.

  • March 02, 2021

    Son Of Late Mob Boss Avoids Jail For $3.3M Payroll Fraud

    The son of late Mafia boss Gennaro "Jerry" Angiulo avoided prison time Tuesday for failing to pay $3.3 million in payroll taxes for his Massachusetts tow truck company after a judge cited the defendant's poor health and the threat of COVID-19.

Expert Analysis

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • Charitable Fund Dispute Opens Doors For Litigation Wave

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    Although a California federal court recently ruled a donor-advised fund sponsor did not breach prudent investor standards in Fairbairn v. Fidelity Charitable, the case shows that disgruntled donors may initiate claims against charities over nonbinding advisory privileges, and could introduce a wave of litigation over alleged investment mismanagement, says Karl Mill at Adler & Colvin.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • A Wake-Up Call For Commercial Landlords Seeking Rent

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    A Massachusetts state court's recent decision in UMNV 205-207 v. Caffé Nero clearly distinguishes between the common law doctrines of frustration of purpose and impossibility, and shows that courts may apply these doctrines to discharge tenants' rent obligations during the pandemic despite initial litigation results favoring landlords, say attorneys at Seyfarth.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • How New Mass. Family Leave Interacts With Existing Laws

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    As Massachusetts employers consider employee requests for benefits under the state's recently effective paid parental and family leave program, they must also evaluate how the law intersects with other leave requirements, such as the federal Family and Medical Leave Act and the Massachusetts Parental Leave Act, says Stéphanie Smith at Casner & Edwards.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

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