Massachusetts

  • May 13, 2021

    2 More Boston Cops To Plead Guilty In No-Work OT Case

    Two more Boston police officers accused of embezzling city funds through no-work overtime shifts at the department's evidence warehouse agreed to plead guilty in the federal case, according to Thursday court filings.

  • May 13, 2021

    Life Sciences Real Estate Boom May Outlast Logistics Rush

    While the rapid growth of e-commerce has generated much buzz around a robust logistics property market as retailers gobble up distribution space, life sciences real estate is also booming, and experts say the sector has the potential to outlast logistics and remain attractive for some time. Here are three things to watch amid the life sciences boom.

  • May 13, 2021

    DraftKings Reneged On NHL Game Payout, Mich. Bettor Says

    A Michigan sports gambler hit DraftKings Inc. with a putative class action Wednesday claiming it wrongly refused to pay out his winnings after a National Hockey League favorite was incorrectly listed as an underdog.

  • May 13, 2021

    Moderna's Appeal Based On 'Imagined' Error, Fed. Circ. Told

    Moderna's appeal of a Patent Trial and Appeal Board ruling that upheld an Arbutus patent for drug-delivery composition should be rejected because it is based on Moderna's "imagined legal error," the Federal Circuit was told.

  • May 13, 2021

    6 Gustavo Gelpí Rulings 1st Circ. Lawyers Should Know

    President Joe Biden's pick for the First Circuit, Puerto Rico Chief U.S. District Judge Gustavo A. Gelpí, will look to join a court that has knocked down some of his rulings in the past and affirmed another that will now be reviewed by the U.S. Supreme Court.

  • May 13, 2021

    Raytheon Balks At Hourly Rate In $8.5M ERISA Fee Ask

    Raytheon Co. has urged a Massachusetts federal judge to shrink what it calls a bloated $8.5 million fee request by attorneys who secured a $59 million settlement in a benefits class action, saying Wednesday that amount would equate to a staggering $3,800 hourly rate.

  • May 12, 2021

    House Dems Urge Facebook To Ax WhatsApp Privacy Update

    A group of U.S. House Democrats on Tuesday became the latest to put heat on Facebook to scrap plans to require WhatsApp users to consent to policy changes that would expand the sharing of data between the companies, arguing that the move violates Facebook's past privacy promises and would be particularly detrimental to the messaging service's large population of Hispanic users. 

  • May 12, 2021

    Mass. Towns Saddle Pot Shops With Excess Fees, Study Says

    A study of Massachusetts' mandatory "host community agreements" between towns and local marijuana businesses showed that some towns are charging businesses more than allowed under state law and are not transparent about what they're doing with fees collected to offset the businesses' impact.

  • May 12, 2021

    Sens. Seek To Tighten Online Privacy Protections For Kids

    A new bipartisan bill aims to update privacy protections for children by expanding existing law to include some teenagers and further restrict companies' collection of minors' personal information.

  • May 12, 2021

    Texas Can't Defend DeVos' Sexual Assault Rule

    Texas can't intervene in a lawsuit challenging rules implemented by the U.S. Department of Education and its former secretary, Betsy DeVos, that limit schools' responsibility to investigate sexual harassment claims under Title IX, a Massachusetts federal judge ruled Wednesday.

  • May 12, 2021

    Ex-TGP Exec Gets 3 Months For 'Varsity Blues' Exam Bribe

    A Massachusetts federal judge sentenced a former TGP Capital private equity executive to three months behind bars Wednesday for paying a $50,000 bribe in the "Varsity Blues" scandal to boost his son's standardized test scores.

  • May 12, 2021

    Mass. Grocers Hit With Almost $1M In Citations Over Wages

    Three locations of a grocery store chain and their owners are facing citations totaling almost $1 million in restitution and penalties for wage theft and other violations impacting more than 150 employees, the Massachusetts attorney general said in a statement.

  • May 12, 2021

    High Court's Pension Ruling Is Sinking Health Plan Suits

    Employer attempts to use a 2020 U.S. Supreme Court ruling that limited litigation over pensions to also knock out 401(k) class actions have largely fallen flat, yet they are starting to see success in an unexpected context: suits over health plan management.

  • May 12, 2021

    Biden's 3rd Wave Of Judicial Picks Has 3 For Circuit Courts

    President Joe Biden tapped six women and lawyers of color for judicial spots Wednesday, including two for the Second and Tenth circuits who would become the only judges on those courts with experience as federal public defenders.

  • May 11, 2021

    Tesaro Directors Slam 'Innuendo' In Del. Suit Over $5.1B Sale

    A class of Tesaro stockholders seeking damages for an allegedly underpriced $5.1 billion sale of the cancer drugmaker in 2018 came to Chancery Court with a suit "heavy on innuendo and speculation" but short of facts, an attorney for the company's board told a Delaware vice chancellor Tuesday.

  • May 11, 2021

    Boston Weighing Tighter Restrictions On Pot Delivery

    Boston's cannabis regulator announced Tuesday that it was considering changing city rules to require marijuana sellers to get the agency's permission in order to make deliveries.

  • May 11, 2021

    Court Tosses RICO Claims Against Cannabis Cos.

    A Massachusetts federal judge on Tuesday dismissed racketeering claims against a group of New Mexico cannabis companies, saying that a purported plan to open a medical marijuana treatment center did not amount to coordinated criminal activity.

  • May 11, 2021

    Mass. Courthouse Arrest Suit Delayed Until 2022

    A lawsuit claiming U.S. Immigration and Customs Enforcement arrests at Massachusetts courthouses were illegal won't be resolved until at least 2022, after a federal judge granted the litigants time to assess a new Biden administration directive limiting such arrests.

  • May 11, 2021

    JPMorgan Whistleblower's Rigging Suit Axed By Mass. Court

    A whistleblower can't use the Massachusetts False Claims Act to accuse JPMorgan Chase Bank NA of rigging bond interest rates because information related to the supposed scheme was already available on a public website, the state's top court ruled Tuesday.

  • May 11, 2021

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

    COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion "comeback plan" for California's economy and $235 million in relief funding for small businesses in New Jersey.

  • May 11, 2021

    'By Chloe' Chef Says PE Firms Tried To 'Milk' Her IP For Profit

    Celebrity chef Chloe Coscarelli is suing private equity giants including Bain Capital in New York federal court for allegedly infringing and profiting off her trademarks, the latest in a long-running fight over control of her now-bankrupt "By Chloe" vegan restaurant chain.

  • May 11, 2021

    Trade Group Backs Legal Sea Foods In Virus Insurance Appeal

    Legal Sea Foods' quest to cover losses from the COVID-19 pandemic earned the backing of nonprofit insurance trade group United Policyholders, which told the First Circuit on Monday that a lower court was wrong to dismiss the restaurant chain's suit.

  • May 11, 2021

    Biden Admin. Approves 1st Major US Offshore Wind Project

    White House officials on Tuesday announced their approval of the 800-megawatt Vineyard Wind project off the Massachusetts coast, the first commercial-scale offshore wind project in the country.

  • May 11, 2021

    Ginkgo Bioworks Valued At $15B In SPAC Deal Led By 3 Firms

    Ginkgo Bioworks will hit the public markets at a pre-money valuation of $15 billion by merging with a special purpose acquisition vehicle backed by former Metro-Goldwyn-Mayer Studios and CBS executives, the companies said Tuesday, in a deal built by Latham, Wachtell and White & Case.

  • May 10, 2021

    Northeastern Beats Student COVID-19 Tuition Suit

    A Massachusetts federal judge on Monday handed Northeastern University a quick win in a proposed class action lodged by students seeking tuition refunds after the school pivoted to remote learning amid the pandemic, finding that a handbook the students agreed to contained a clause excusing in-person learning during so-called force majeure events.

Expert Analysis

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • COVID Eviction Bans May Not Continue To Survive In Court

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    State and local moratoriums against evictions during the pandemic are likely to withstand plaintiffs' constitutional challenges in the short term, but plaintiffs may start to see more success as time goes on, say attorneys at Goodwin.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • AGs To Fill Void As Justices Say FTC Can't Impose Restitution

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    State attorneys general are likely to emerge as even more influential consumer protection enforcers, taking the lead in federal-state restitution partnerships, following the U.S. Supreme Court's determination Thursday in AMG Capital v. Federal Trade Commission that the FTC is not authorized to seek equitable monetary relief, say Alissa Gardenswartz and former Sen. Mark Pryor at Brownstein Hyatt.

  • Mich. Pandemic Rent Ruling Is A Critical Win For Tenants

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    A Michigan federal court's well-reasoned decision in Bay City Realty v. Mattress Firm, upholding temporary frustration as a valid defense for failure to pay rent during the pandemic, rejects common commercial landlord arguments and is likely to contribute toward a growing trend of decisions favoring tenants, says Aaron Goodman at Baker McKenzie.

  • Bankruptcy Litigation Could See More Third-Party Funding

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    The next few years could be an opportune time for bankruptcy litigants to capitalize on the advantages of third-party financing as the obstacles to its use — including attorney ethics issues and prohibitions against champerty — seem to be clearing at a slow but steady pace, say Daniel Simon and Natalie Rowles at McDermott.

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