Massachusetts

  • January 27, 2022

    Evenflo Escapes Deceptive Marketing Booster Seat MDL

    A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Boston Police, Fire Unions Win Brief Stay Of Vaccine Mandate

    A Massachusetts intermediate-level appeals court on Thursday paused Boston Mayor Michelle Wu's requirement that all city employees get COVID-19 vaccines, as the justice reviews a lower court's decision to not grant an injunction for police and fire unions challenging the policy.

  • January 27, 2022

    SymBiosis Claims Biotech Firm's Fraud Led To Its Investment

    An interest of venture capital fund SymBiosis Capital Management LLC has sued in Delaware Chancery Court to reclaim its multimillion-dollar share of a $75.5 million investment round conducted by Platelet Biogenesis Inc., accusing the biotech business of inducing the deal through fraud.

  • January 27, 2022

    Feds Can Prosecute State Marijuana Licensees, 1st Circ. Says

    The First Circuit refused to revive claims accusing the U.S. Department of Justice of misappropriating federal funds to prosecute three medical marijuana business associates from Maine accused of running a black-market operation, despite them possessing marijuana business licenses from the state.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    Mass. Pays $425K To Settle Court Clinician's Harassment Suit

    Massachusetts is paying $425,000 to a court clinician to resolve claims that a state court judge coerced her into a sexual relationship and then got her fired when she sought to end the affair, the social worker's attorney said Thursday.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    1st Circ. Chief Judge Steps Back, Giving Biden Another Pick

    First Circuit Chief Judge Jeffrey R. Howard, a George W. Bush appointee, will take senior status, opening up a second seat for President Joe Biden to fill on the nation's smallest federal appellate court.

  • January 26, 2022

    Manatt Partner, Ex-'Varsity Blues' Atty Picked For Mass. Bench

    Massachusetts Gov. Charlie Baker on Wednesday nominated a Manatt Phelps & Phillips partner and former government attorney involved in the "Varsity Blues" case to be an associate justice of the state's superior court, according to an announcement from the governor's office.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Rep. Says Transparency Bills Can Lead To Privacy Gains

    While lawmakers are stalled in advancing sweeping consumer privacy reforms, Rep. Lori Trahan, D-Mass., said her colleagues would be served by passing more incremental legislation that imposes transparency requirements on Big Tech companies.

  • January 26, 2022

    Atty's Parental Leave Row Fit For Arbitration, 1st Circ. Says

    The First Circuit on Wednesday refused to revive an attorney's sex discrimination lawsuit claiming he was fired for taking parental leave, adopting a Boston federal judge's explanation that a hiring letter mandated arbitration.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    Brown Rudnick Snags Corporate Partner In Boston

    Brown Rudnick LLP announced that it has hired an experienced corporate attorney with a focus on startup companies as a partner in Boston, the ninth attorney to join the firm from McCarter & English LLP this month.

  • January 26, 2022

    Fidelity Didn't Vet Investors Before Risky Bets, Suit Claims

    Fidelity Brokerage Services was hit with an administrative suit Wednesday by Massachusetts' top securities regulator, who accused the company of a "half-hearted and lackadaisical attitude" toward safeguarding retail investors from risky bets.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 26, 2022

    Digital Medicine Co. Akili Valued At $1B Via SPAC Merger

    Akili Interactive, a prescription digital medicine company that uses video games to treat issues including depression and attention deficit hyperactivity disorder, will go public at a $1 billion valuation by merging with a special-purpose acquisition vehicle, the companies said Wednesday, in an agreement shaped by three law firms.

Expert Analysis

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Mass. At-Will Termination Gets Complex For Employers

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    The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • What Attys Can Learn From Harvard Professor's Conviction

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    The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

  • Joint Employer Lessons From Mass. Contractor Test Ruling

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    The Massachusetts high court’s recent decision in Jinks v. Credico narrows the scope of joint employment by adopting the Fair Labor Standards Act multifactor test in lieu of state law standards, representing rare relief for employers and guiding businesses on how to minimize liability in structuring relationships with subcontractors and vendors, say attorneys at Cooley.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • Injunctions May Only Pause Gov't Contractor Vaccine Mandate

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    Notwithstanding a string of recent decisions enjoining implementation of President Joe Biden's COVID-19 vaccine mandate for government contractors, it would be prudent for contractors to keep compliance infrastructure in place as litigation continues, says Richard Arnholt at Bass Berry.

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