Massachusetts

  • April 09, 2020

    Lieff Cabraser Fights Order To Repay $1M In State Street Deal

    Lieff Cabraser said Thursday that it plans to challenge a $1.1 million repayment ordered by a Massachusetts federal judge who said the firm had overbilled a class of investors in a $300 million settlement with State Street Corp. over its foreign exchange practices.

  • April 09, 2020

    Insurers Shouldn't Have To Pay For Medical Pot, Court Told

    An insurance industry trade group told the Massachusetts Supreme Court on Thursday that insurers should not be compelled to reimburse injured workers for their use of medical marijuana, saying that would force a violation of federal law.

  • April 09, 2020

    'Varsity Blues' Parents Say Feds Still Sitting On Key Evidence

    A day after defending themselves against misconduct allegations, the team prosecuting actress Lori Loughlin and other wealthy parents in the "Varsity Blues" case was accused Thursday of holding back notes the parents say could help prove their innocence.

  • April 09, 2020

    Mass. Gov. Sponsors COVID-19 Medical Worker Immunity Bill

    Massachusetts Gov. Charlie Baker has introduced a bill that would grant broad legal immunity for the state’s doctors, nurses and hospitals as they battle the COVID-19 pandemic.

  • April 09, 2020

    1st Circ. Finds No Fraud In Ocular Therapeutix Stock Suit

    Biotech company Ocular Therapeutix didn't intentionally mislead investors in conference calls and filings about manufacturing problems that led to the U.S. Food and Drug Administration twice denying its steroid treatment for eye pain, the First Circuit said Thursday.

  • April 09, 2020

    1st Circ. Will Rehear Penobscot Tribe's Water Rights Case

    The First Circuit will review en banc a divided panel ruling that the Penobscot Indian Nation can't lay claim to the Penobscot River's waters in Maine, agreeing to consider the federal government and tribe's argument that the waters should be part of the tribe's reservation.

  • April 09, 2020

    Mass. Judge Says Virus-Prone Detainees Meet Class Criteria

    A Massachusetts federal judge has certified a class of immigrant detainees seeking to be released from a county jail that allegedly lacks adequate protections against the coronavirus, saying that we are now in "a world brought to its knees by the pandemic."

  • April 08, 2020

    Senate Dem Says Surveillance Not Way To Fight Coronavirus

    U.S. Sen. Ed Markey, D-Mass., is raising alarms about the White House's reported plan to create a national coronavirus surveillance system to more precisely track where patients are seeking treatment, arguing that such a move would threaten individuals' privacy and civil liberties. 

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    Intel, Universities Support Freeing Up IP To Fight COVID-19

    The push to free up intellectual property to fight the COVID-19 pandemic has continued to expand, with Intel and Medtronic, key research universities and others offering up their IP, and as United Nations officials support putting the health emergency over patent rights.

  • April 08, 2020

    New 'Varsity Blues' Evidence Puts Prosecutors On Defensive

    Federal prosecutors in the "Varsity Blues" college admissions case on Wednesday denied allegations that they instructed the scheme's mastermind to lie to Lori Loughlin and other parents and then hid the evidence for over a year, a bombshell claim that experts say is a bad look for the government even if it may not derail the case.

  • April 08, 2020

    1st Circ. Backs NuVasive's Noncompete With Ex-Sales Rep

    The First Circuit said Wednesday that medical device company NuVasive can stop a former sales employee from working for a rival firm, upholding a lower court's preliminary injunction enforcing a nonsolicitation and noncompete agreement the worker signed.

  • April 08, 2020

    NY AG Seeks Additional Sackler Family Financial Info

    The New York attorney general on Tuesday asked a bankruptcy court to resume discovery into the finances of the Sackler family, who owns Purdue Pharma LP, saying that her office has already unearthed important information about money transfers the family has made.

  • April 08, 2020

    Cooley-Led BioPharma Raises $96M In IPO At Top Of Range

    Clinical-stage biopharmaceutical company Keros Therapeutics Inc. started trading shares Wednesday after raising $96 million in a Cooley LLP-steered initial public offering that priced at the top of its expected range.

  • April 08, 2020

    Cannabis Startup Investors Settle SEC Fraud Case For $1.5M

    A group of investors in a cannabis social media startup have agreed to pay $1.5 million to settle U.S. Securities and Exchange Commission claims they engaged in a stock fraud scheme that allegedly reaped twice that amount.

  • April 08, 2020

    Digital Mental Health Co. Raises $16M As Virus Spurs Demand

    Digital mental health platform SilverCloud Health said Wednesday it raised $16 million from investors, as the spread of the coronavirus puts remote health care in the spotlight.

  • April 08, 2020

    Mass. Gov. Sued For Closing Cannabis Shops Due To Virus

    Massachusetts Gov. Charlie Baker was hit with a suit Wednesday by several recreational cannabis dispensaries and a medicinal marijuana patient who claim his executive orders shutting down the stores during the COVID-19 pandemic are crushing their businesses and hurting public health.

  • April 07, 2020

    Calif. Lyft Drivers Lose Employee Status Bid Amid Outbreak

    A California federal judge on Tuesday rejected a bid by Lyft Inc. drivers to immediately classify them as employees eligible for sick leave amid the coronavirus pandemic and sent the case to arbitration, while the company argued that a similar effort underway in Massachusetts could jeopardize drivers' rights to generous benefits flowing from federal relief legislation.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    Dems Wary Of Google Plan To Publish COVID-19 Location Info

    Google has begun using its vast amount of location data to publish reports showcasing how people are moving around amid the coronavirus pandemic, and two Democratic senators are concerned about the privacy implications.

  • April 07, 2020

    Coronavirus Regulations: Week In Review State By State

    State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. Here's a breakdown of some COVID-19-related state measures from the past week.

  • April 07, 2020

    SEC Says Cannabis Startup Fraud Smoked Investors For $3M

    A Boston man and a group of his friends bought 90% of the shares in a cannabis startup and manipulated the stock price to net themselves more than $3.2 million, the U.S. Securities and Exchange Commission claimed in a complaint Tuesday.

  • April 07, 2020

    Feds Say Fraudster's COVID-19 Release Motion Lowers Bar

    A former hedge fund manager behind bars for stealing $10.5 million from investors in a Ponzi-style operation should not be released from a New York prison where COVID-19 has broken out, the government argued Tuesday, warning his release could set a bad precedent during the pandemic.

  • April 07, 2020

    Railway Co. Hit With $676K Judgment After Slip-And-Fall Trial

    A Massachusetts federal judge on Monday entered a $676,690 judgment against the Springfield Terminal Railway Co. after a jury found that negligence and safety law violations by the railway led to a conductor’s injury after he slipped and fell from a train.

  • April 07, 2020

    DOI Will Hold Off On Taking Mashpee Land Out Of Trust

    A D.C. federal court has put on hold the Mashpee Wampanoag Tribe's bid to block the federal government from taking the tribe's reservation lands out of trust after the U.S. Department of the Interior agreed not to take any steps to do so in the next 45 days.

Expert Analysis

  • Electric Utilities May Need Policy Help For COVID-19 Losses

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    The closure of businesses, schools and government agencies due to COVID-19 has made it difficult for electric power providers to recover their authorized revenue requirement, so proactive policy solutions may be needed to protect ongoing provision of electricity service, say attorneys at Holland & Knight.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Opinion

    In #MeToo Era, Victims Must Have Choice Over NDAs

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    States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Potential Federal Vs. State Conflicts Due To COVID-19

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    When President Donald Trump decides it's time to kick-start the economy, governors will need to be prepared to answer some hard questions, like whether refusing to reopen nonessential businesses while managing the COVID-19 crisis in their states would be in violation of federal law, say David Blake and Kristina Arianina at Squire Patton.

  • Filling Void Of Consumer Collections Limits Amid Pandemic

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    Attorneys at Cleary examine a series of state and federal proposals that may fill the current lack of restrictions on consumer debt collection during the global pandemic, as well as enforcement risks arising from COVID-19-related defaults.

  • CARES Act And The Future Of Remote Criminal Proceedings

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    In light of the Coronavirus Aid, Relief, and Economic Security Act's authorizing videoconferencing for a variety of criminal proceedings, it may be time to revisit the physical presence requirement in criminal law, says Steven Gordon at Holland & Knight.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Avoiding Class Claims For Sharing COVID-19 Location Data

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    As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Perspectives

    States Must Toll Court Deadlines To Ensure Access To Justice

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    There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

  • Will COVID-19 Transform The Cannabis Industry?

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    With marijuana deemed essential in many states during the COVID-19 crisis, regulators are relaxing prohibitions on cannabis home delivery and curbside pickup services. These short-term fixes could become lasting mainstays, say attorneys at Goodwin.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

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