Massachusetts

  • July 30, 2021

    BJ's Says Keurig's Coffee Monopoly Brews Up Higher Prices

    BJ's Wholesale Club launched an antitrust suit Friday against Keurig Green Mountain, claiming the single-serve coffee company's death grip on the market forced it to overpay on the hundreds of millions of dollars of product it purchased from Keurig in recent years.

  • July 30, 2021

    High Court Expansion Push Slowly Gains Steam In House

    The progressive effort to expand the U.S. Supreme Court has gradually gained more Democratic support in the U.S. House of Representatives, most recently on Thursday, as backers argue a recent voting rights ruling and an upcoming abortion case will push their long-shot effort into the mainstream.

  • July 30, 2021

    Allegheny County Sues Pa. AG Over $26B Opioid Deal

    The district attorney for Allegheny County on Thursday sued Pennsylvania's attorney general over the proposed $26 billion opioid settlement, following the Philadelphia district attorney's accusations a week ago that the deal with Johnson & Johnson and major distributors was a sellout.

  • July 30, 2021

    Hub Hires: McDermott, ACLU, Austria

    A rainy July did nothing to dampen the hiring mood for Boston law firms. Two firms added to their tax teams, the ACLU tapped several BigLaw attorneys for its new slate of directors, and a lawyer with Bay State ties may be heading to Vienna.

  • July 30, 2021

    Smith Gambrell Guides CatchMark Venture's $498M Land Sale

    A CatchMark Timber Trust venture, advised by Smith Gambrell & Russell LLP, is selling 301,000 acres of timberlands property to a Hancock Natural Resource Group client for $498 million, according to an announcement on Friday from CatchMark Timber.

  • July 30, 2021

    Mass. Dealerships Say Volvo Shorts Them On Service Pay

    A pair of Massachusetts Volvo dealers Thursday accused the Swedish automaker of underpaying them for maintenance they perform under prepaid service plans in violation of a Bay State law designed to level the playing field between dealerships and powerful manufacturers.

  • July 30, 2021

    Gaps In Mass. Pot Scheme Should Be Closed, Top Court Says

    Massachusetts' top court on Friday urged the state Legislature to "close the gaps" that allow communities to seek excessive fees from cannabis businesses hoping to open within their borders, but it also found that a prospective Salem shop's suit was properly tossed by a lower court.

  • July 29, 2021

    FanDuel Reaches $375K Deal In Gamers' MDL

    FanDuel agreed to streamline requests from the spouses of problem gamblers to exclude them from daily fantasy sports contests and agreed to donate $375,000 to problem gambling organizations to settle a portion of claims in sprawling litigation that alleges the online sports betting operator and rival DraftKings violated consumer protection and anti-gambling laws.

  • July 29, 2021

    Grubhub Jacked Up Fees During COVID-19, Mass. AG Claims

    Grubhub Holdings Inc. was hit with a suit Thursday by Massachusetts Attorney General Maura Healey, who claimed the food delivery service platform charged Bay State restaurants excessive fees outside the cap in place during the COVID-19 public health emergency.

  • July 29, 2021

    Purdue Pharma Gets OK For $22M Worker Bonus Program

    A New York bankruptcy judge Thursday gave Purdue Pharma the go-ahead to pay up to $22.1 million in retention bonuses to midlevel workers, rejecting calls to delay the decision until after next month's Chapter 11 plan confirmation hearing.

  • July 29, 2021

    GE Opposes Energy Co.'s Fast-Track Appeal Bid In $1.1B Case

    GE has asked the Second Circuit not to expedite an Angolan energy company's appeal of a lower court order dismissing a $1.1 billion contract forgery suit on the grounds that the case should go to an Angolan forum, arguing that its challenge doesn't merit such special treatment.

  • July 29, 2021

    DraftKings Wagers On Sports Bars In Michigan, Tennessee

    Online sports book DraftKings and restaurant chain Sports & Social are betting on a new partnership to create upscale sports bars in Michigan and Tennessee, as long as regulators are willing to play ball, the companies announced Thursday.

  • July 29, 2021

    Biden Admin. Agrees To Crack Down On Upwind Air Pollution

    The Biden administration on Thursday agreed to conduct long-neglected reviews of how certain states' pollution plans affect their downwind neighbors, after New York and other East Coast states claimed the delays are forcing millions of people to breathe dirty air.

  • July 29, 2021

    DeVos Sex Assault Rule Largely Upheld By Mass. Judge

    A Massachusetts federal judge on Wednesday largely upheld a Trump-era sexual assault rule for college students that advocates fear would have a chilling effect on reporting, but the judge did say that the U.S. Department of Education went too far in barring any statements that were not subject to cross-examination.

  • July 29, 2021

    1st Circ. Suggests Carbonite Stock-Drop Suit May Be Revived

    The First Circuit on Thursday signaled its skepticism that Carbonite Inc. should have escaped a stock-drop suit, wondering how the company's higher-ups could have possibly been in the dark about a data backup product that never worked while touting it to investors.

  • July 29, 2021

    1st Circ. Sizes Up Wayfair's Internal Probe Of Harassment

    A First Circuit judge questioned Wayfair LLC on Thursday on the thoroughness of its investigation into a female employee's claims of sexual harassment, prompting the e-commerce company to admit its internal probe never tried to corroborate the claims by asking if its worker had told others about the incidents.

  • July 29, 2021

    Energy Cos. Expand Arguments For RI Climate Suit Removal

    Major energy companies targeted in a Rhode Island climate change liability suit have expanded their arguments before the First Circuit that the case belongs in federal court, months after the Supreme Court breathed new life into their effort to stay out of state court.

  • July 28, 2021

    Dems Unveil Bill Targeting Bankruptcy Releases Like Sacklers'

    A powerful group of Democrats introduced new legislation Wednesday in both the Senate and the House targeting non-debtor releases in bankruptcy cases, pointing specifically to releases like the one in Purdue Pharma's Chapter 11 plan allowing the Sackler family to dodge liability for its role in the opioid crisis.

  • July 28, 2021

    Mass. Judge Axes Wage Suit Against Au Pair Agency

    A Massachusetts federal judge dismissed child care consultants' proposed class claims that an au pair agency illegally denied them minimum wage, saying the workers, who had provided "inconsistent" testimony, hadn't shown they were underpaid.

  • July 28, 2021

    Real Estate Rumors: Bowery, Xponential Fitness, Longpoint

    Bowery Properties has reportedly paid $11.6 million for 89 Florida apartments, Xponential Fitness is said to have leased 5,300 square feet in New York and Longpoint Realty Partners has reportedly dropped $21.78 million on three Florida warehouses.

  • July 28, 2021

    COVID-19 Suit Likely Moot Despite Delta Fears, 1st Circ. Says

    A Massachusetts arcade that was forced to close during the COVID-19 pandemic likely no longer has a case against the state's governor because the emergency orders have all been rescinded, a First Circuit panel said Wednesday, even as it acknowledged concerns about the delta variant.

  • July 28, 2021

    Mass. Top Court May Help 1st Circ. Decide 7-Eleven Wage Suit

    The First Circuit on Wednesday suggested it might turn to Massachusetts' top court to help sort out whether 7-Eleven franchisees should be classified as employers under the state's Wage Act.

  • July 28, 2021

    AGs Taking Loss In Facebook Antitrust Case To DC Circ.

    A contingent of state-level enforcers told a D.C. federal court Wednesday it is appealing last month's dismissal of a case accusing Facebook of monopolizing the personal social networking market, including through its acquisitions Instagram and WhatsApp.

  • July 28, 2021

    'Varsity Blues' Parents Say Feds Muzzling Key Witnesses

    Four parents set for trial in the "Varsity Blues" college admissions scandal accused prosecutors of trying to keep jurors from hearing key evidence, asking a Massachusetts federal judge on Tuesday to toss the case if their witnesses are not granted immunity.

  • July 27, 2021

    Ex-Cop Gets 18 Mos. In Prison For EBay Stalking Scheme

    A Massachusetts federal judge handed down an 18-month prison sentence Tuesday to a retired California cop who prosecutors say stalked and terrorized a Massachusetts couple over their blog's critical reporting of eBay while he was a security employee at the online marketplace.

Expert Analysis

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • An Early Look At What State AGs Want From ESG Disclosures

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    As companies anticipate compliance obligations for the U.S. Securities and Exchange Commission's upcoming environmental, social and governance disclosure rules, they must also consider that certain state attorneys general recently explained their expectations on climate-related financial risk and are already acting on them, say Jonathan Brightbill and Jennie Porter at Winston & Strawn.

  • Texas Ruling Shows Weight Of State Immunity In IP Claims

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    Unusual circumstances led to the Texas Supreme Court’s recent copyright decision in Jim Olive v. University of Houston — a case that likely should have been subject to federal preemption — and the court’s conclusions reveal that copyright owners may have little redress when a state government infringes their intellectual property rights, say attorneys at Haynes and Boone.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

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