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Massachusetts
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
Argent To Shell Out $4.5M To Exit Workers' ESOP Suit
Argent Trust Co. will pay $4.5 million to exit a class action alleging it approved a sale of undervalued shares in an electrical component company's employee stock ownership plan in a deal to shut the program down, according to a filing in Massachusetts federal court.
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August 20, 2025
Receiver Shielded In Senior Home Shutdown, 1st Circ. Says
A court-appointed receiver for a Massachusetts assisted living facility is shielded by quasi-judicial immunity from claims that it orchestrated a "resident dumping" scheme, the First Circuit said Tuesday, reversing a lower court's decision.
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August 20, 2025
Biotech Replimune Faces Derivative Suit Over Trial Claims
Executives and directors of biotechnology company Replimune Group Inc. face shareholder derivative claims that they concealed issues affecting a clinical trial of one of the company's lead immunotherapy candidates.
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August 20, 2025
Property Manager Settles With Mass. AG Over Data Breaches
One of the largest property management firms in Massachusetts will pay $795,000 to settle allegations by the state attorney general's office that it failed to prevent or address a series of five data breaches between 2019 and 2021.
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August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap
Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
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August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight
Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
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August 19, 2025
21 AGs Push DEA To Schedule 'Designer Xanax'
Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.
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August 19, 2025
Suno Says Indie Artists' AI Copyright Claim A Stretch
Artifical intelligence music generator Suno on Monday asked a Massachusetts federal judge to trim a proposed class action on behalf of independent musicians, saying the plaintiffs fail to offer any support for their novel claim that the songs generated by the tool are copyright-infringing copies.
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August 19, 2025
Nantucket Civil Rights Case Partially Revived On Appeal
A Massachusetts intermediate-level appeals court ruled Tuesday that "hostile" responses by Nantucket's longtime town manager to a Black resident's comments about a hate crime investigation could reasonably be found by a jury to violate the resident's state civil rights.
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August 19, 2025
$150K Settlement Approved In Cohen Cleary Data Breach
A federal judge in Massachusetts filed an order last week granting final approval of a $150,000 settlement between law firm Cohen Cleary PC and a class of more than 12,000 former clients who sought relief after a 2022 cyberattack on the firm's computer systems.
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August 19, 2025
MoFo-Led Industrial REIT Receives $1B PE Takeover Offer
Plymouth Industrial REIT Inc., advised by Morrison Foerster LLP, said Tuesday it is reviewing a roughly $1 billion takeover offer from Sixth Street Partners, a private equity firm that has invested in the real estate investment trust since at least last year.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims
Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
Cannabis Interests Challenging Federal Pot Ban Get Extension
The U.S. Supreme Court has said that marijuana companies challenging the federal ban on cannabis can have until October to submit their petition for a writ of certiorari.
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August 18, 2025
AI Security Co. Reports $15M Settlement With Investors
A Massachusetts-based company whose AI-powered weapons detection product has come under scrutiny by federal regulators over allegedly exaggerated performance claims has reached a $15 million settlement in principle with investors in consolidated proposed class actions, according to a pair of filings.
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August 18, 2025
2nd Circ. Partially Reopens Grocery Chain 401(k) Fee Suit
The Second Circuit partially revived a proposed class action Monday against a Northeastern U.S. grocery chain alleging mismanagement of an employee 401(k) plan, finding a lower court wrongly tossed some allegations in the suit for failure to state a claim.
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August 18, 2025
RI, Wash. Say 2nd Circ. Dormant Commerce Pot Ruling Is Inapt
Officials from Rhode Island and Washington state have said in separate letters to federal circuit courts that the Second Circuit's determination last week that the Constitution's dormant commerce clause applied to marijuana should not affect their pending appeals in related cases.
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August 18, 2025
Mass. Justices Affirm 3-Year Suspension For Bankruptcy Atty
Massachusetts' highest court on Monday affirmed a three-year license suspension for a Boston bankruptcy attorney over a series of rules violations, including misrepresentations to federal and state courts, since 2014.
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August 15, 2025
Trump Admin Calls Judge's Inaction An 'Affront' To High Court
The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.
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August 15, 2025
Microsoft Unit Agrees To Pay $8.5M In MOVEIt Hack MDL
A Massachusetts federal judge has preliminarily signed off on an $8.5 million settlement reached between Nuance Communications and more than 1 million patients in multidistrict litigation over a 2023 malware attack that exploited a vulnerability in Progress Software's MOVEIt transfer file tool.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
Expert Analysis
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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AG Watch: Texas Embraces The MAHA Movement
Attorneys at Kelley Drye examine Texas Attorney General Ken Paxton's actions related to the federal Make America Healthy Again movement, and how these actions hinge on representations or omissions by the target companies as opposed to specific analyses of the potential health risks.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.