Massachusetts

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    Full 1st Circ. Asks Maine How Tribe Can Fish With No Water

    A full First Circuit on Tuesday struggled with Maine's assertion that the "rivering" Penobscot Nation could simultaneously keep its rights to fish on its reservation while giving up the title to the surrounding waters, prompting one judge to demand a straight answer from the state's attorney.

  • September 22, 2020

    Feds Take Bid To Cut Immigrants From Census To High Court

    The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."

  • September 22, 2020

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

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Feds Slam Regeneron's Attempt To Duck Kickback Suit

    The federal government has urged a Massachusetts federal judge not to toss its suit accusing Regeneron Pharmaceuticals of paying illegal kickbacks to get doctors to prescribe its injectable eye disease drug, arguing that the biotechnology company is using a "legally irrelevant" argument.

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 22, 2020

    'Harsh' Jail Conditions Can't Spring 'Varsity Blues' Parents

    The former CEO of Pacific Investment Management Co. and another parent who pled guilty in the "Varsity Blues" college admissions case will not be released from prison early due to what they called "harsh" COVID-19 quarantine measures, a judge ruled Monday, though he said he may reconsider home confinement down the road.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    DC Circ. Looks Split Over NLRB Subcontracting Decision

    A D.C. Circuit judge told a Massachusetts business Monday that he doubts the company can upend a decision that it unlawfully subcontracted out work without telling its union, so long as the National Labor Relations Board met a key legal test backing that conclusion.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Mass. Pot Co. Says Regulator Sat On Application For Months

    A Massachusetts marijuana dispensary says the state's cannabis regulator has failed to take action on its latest license application for more than half a year and is asking a state judge to step in.

  • September 21, 2020

    CBD Co. Wants Fund's SEC Reporting Lapse Suit Tossed

    A Florida CBD company has urged a Massachusetts federal judge to toss a lawsuit accusing it of misleading a lender about its future plans when it entered into a debt financing agreement, saying there's no evidence it did anything intentionally.

  • September 21, 2020

    Downing Venture Capital Head Cops To $8M Ponzi Scheme

    The head of purported Boston venture capital firm Downing Partners LLC pled guilty on Monday to securities and wire fraud charges in connection with what prosecutors called a "Ponzi-like" scheme to bilk dozens of Downing employee investors out of millions of dollars.

  • September 21, 2020

    Loughlin's 'Varsity Blues' Connection Pleads Guilty

    The private equity executive who connected actress Lori Loughlin and her clothing-designer husband with the mastermind of the "Varsity Blues" college admissions scheme pled guilty in Massachusetts federal court Monday to paying $40,000 in bribes to boost his own daughter's exam scores.

  • September 21, 2020

    Feds Tell 1st Circ. Poor Defense Shouldn't Undo FCPA Verdict

    A defense attorney's allegedly shoddy performance in his first trial did not warrant throwing out the convictions of a retired Army colonel and lawyer based on "overwhelming" evidence they tried to bribe government officials in Haiti in exchange for approvals on an $84 million port project, U.S. prosecutors told the First Circuit Monday.

  • September 21, 2020

    'Panama Papers' Tax Dodger Sentenced To 4 Years In Prison

    A Manhattan federal judge sentenced an elderly Massachusetts businessman to four years in prison Monday for his long-standing efforts to evade U.S. taxes, which were exposed by the "Panama Papers" document leak from the Mossack Fonseca law firm.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Chiquita Worker's Claims Axed From Pesticide Injury Suit

    A Delaware federal judge on Friday tossed the claims of a member of a group of Ecuadorian banana plantation workers pursuing a long-running pesticide injury suit against Chiquita and other companies, saying the man's repeated refusal to sign a required document warranted this "extreme" remedy.

  • September 18, 2020

    Mass. Hospital Urges State Not To OK Medical Pot Coverage

    Massachusetts' largest health care provider told the state's high court that insurers and self-insurers should not be forced to reimburse injured workers for medical marijuana use, saying that such a requirement would compel them to violate federal law.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Hurdles In Defending COVID-19 Contract Nonperformance

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    Businesses struggling to meet their contractual obligations due to the pandemic might invoke force majeure clauses or the doctrines of impossibility or frustration of purpose to defend nonperformance, but three recent federal and state court decisions illustrate the difficulties in establishing these defenses, says John McIntyre at Reed Smith.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • 4 Inventorship Lessons From Fed. Circ.'s Dana-Farber Ruling

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    The Federal Circuit's recent decision in Dana-Farber v. Ono Pharmaceutical demonstrates how inventorship issues can play out over the course of discovery, development and litigation, and also provides strategic considerations for patentees, investors and challengers, say Siegmund Gutman and Sarah Cork at Proskauer.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • The Dollars And Sense Of Antitrust Class Certification: Part 2

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    Detailed analysis of the Third Circuit's Lamictal ruling in the context of other recent pharmaceutical antitrust decisions clarifies when experts can use average prices to demonstrate classwide harm in order to sustain or defeat class certification, say Justin Cohen and Thu Hoang at Wilson Sonsini.

  • 6th Circ. Exclusive Bargaining Ruling Amplifies Janus Debate

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    The Sixth Circuit’s recent decision upholding Ohio’s exclusive bargaining law in Thompson v. Marietta Education Association highlights an ongoing dispute over whether the U.S. Supreme Court’s 2018 Janus decision — that forced agency fees violate government employees' First Amendment rights — extends to unions’ right to sole representation, says David Miller at Bryant Miller.

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