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Massachusetts
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March 21, 2024
Pot Co. Seller Says Chancery Must Decide Curaleaf Dispute
A court needs to determine which corporate records Curaleaf Holdings Inc. should turn over in its $13 million price adjustment dispute with the seller of a multistate cannabis dispensary before it goes before an independent accountant, the seller told Delaware's Court of Chancery on Thursday.
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March 21, 2024
Exxon Wants Mass. Oil Purchase Docs In Greenwashing Suit
The Massachusetts attorney general's office told a judge Thursday that Exxon Mobil Corp. is attempting to relitigate already-barred defenses in an alleged "greenwashing" case by seeking documents from at least a dozen state agencies, including ones concerning decisions by those agencies to purchase the energy company's products.
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March 21, 2024
FERC Nominees Carefully Walk Climate Line In Senate Hearing
Federal Energy Regulatory Commission nominees on Thursday told a U.S. Senate panel that the agency isn't a climate change regulator, but they didn't close the door on FERC ever considering climate impacts in its decision making either.
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March 21, 2024
Meet The Bar Vet And 'Good Listener' Picked For Mass. Bench
With a resume that ranges from a stint as a public defender to work on a multibillion-dollar Ponzi scheme suit, the Biden administration's latest pick for the Massachusetts federal bench has impressed former colleagues with his experience and sound temperament — even his mathematical chops.
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March 21, 2024
The LA Boutique Repping MLB's Ohtani Amid Betting Scandal
An unfolding sports betting scandal has prompted Los Angeles Dodgers superstar Shohei Ohtani to lawyer up, enlisting the West Hollywood boutique Berk Brettler LLP to advise him in a saga that has already led the club to fire his longtime interpreter.
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March 21, 2024
Pot Co. Owner Argues To Keep Md. Social Equity Suit Alive
The owner of a cannabis shop hoping to operate in Maryland is asking a federal judge to reject the state regulator's bid to dismiss a suit challenging the state's social equity licensing law, arguing the Constitution's dormant commerce clause applies to the cannabis trade and preempts state-based licensing requirements.
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March 20, 2024
Biden Taps Judicial Nominees For 6th Circuit, SDNY
President Joe Biden on Wednesday unveiled a new slate of judicial nominations, including a current U.S. attorney tapped for a Sixth Circuit seat and another federal prosecutor up for a judgeship in the Southern District of New York.
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March 20, 2024
PTAB To Analyze Moderna COVID Vaccine Patents
The Patent Trial and Appeal Board has agreed to review two Moderna COVID-19 vaccine patents challenged by rivals Pfizer and BioNTech as having "unimaginably broad claims directed to a basic idea that was known long before."
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March 20, 2024
Republican Bill Targets Colleges Hiring Unauthorized Workers
Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.
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March 20, 2024
RI Ex-Broker Gets 8 Years In Ponzi Scheme
A Rhode Island man was sentenced to eight years in prison for running a decade-long Ponzi scheme to defraud investors and to evade his taxes.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
2 Biotechs Unveil Separate Fundings Totaling $325M
Life sciences companies Clasp Therapeutics and Cooley-advised Capstan Therapeutics, which develop treatments for a range of health conditions including cancer and autoimmune diseases, separately announced funding rounds Wednesday that together total $325 million.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial
A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.
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March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Vicente LLP Sues Recruiter Over Fee Demand In Failed Search
Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.
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March 19, 2024
Nixed JetBlue-Spirit Deal Moots Antitrust Case, 1st Circ. Told
The abandonment of JetBlue Airways Corp. and Spirit Airways Inc.'s $3.8 billion merger following a successful U.S. Department of Justice legal challenge moots a separate antitrust suit by air travelers seeking to block the tie-up, the airlines have argued to the First Circuit.
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March 18, 2024
SEC Fines Supervisor $47K Over Revenue Inflation Claims
A former finance director of water treatment company Evoqua Water Technologies Corp. will pay the U.S. Securities and Exchange Commission nearly $47,000 to resolve claims that he was part of a scheme to inflate the company's revenue by $36 million.
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March 18, 2024
Ex-Immigration Judges Say Mistake Warrants Asylum Redo
Dozens of former immigration judges pressed the First Circuit to grant a second shot at asylum for a Salvadoran woman fearing gang violence, saying an immigration judge had erred by not asking her if she belonged to an asylum-eligible community.
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March 18, 2024
Battle Over Mass. Rezoning Law Headed To High Court In Fall
The Massachusetts attorney general's lawsuit to force a Boston suburb to comply with an ambitious housing law was fast-tracked Monday to the state's high court later this year, as more than a hundred towns around Boston watch how the dispute plays out.
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March 18, 2024
Leerink Enticed Goldman Exec With False Promises, Suit Says
An investment banker says she was lured away from a senior position at Goldman Sachs to Boston-based Leerink Partners with what turned out to be a meaningless job title and false promises of guaranteed bonuses, according to a lawsuit filed Monday in Massachusetts state court.
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March 18, 2024
Tennis Job No Reason To Slice 'Varsity Blues' Term, Feds Say
A tennis instructor job in New York is no reason to grant an early end to the home confinement portion of a sentence given to a former Georgetown University coach for his role in the "Varsity Blues" college admissions scandal, prosecutors told a Massachusetts federal judge Monday.
Expert Analysis
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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How High Court Is Assessing Tribal Law Questions
The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Mass. Age Bias Ruling Holds Employer Liability Lessons
The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.
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It's Not You, It's Me: Breaking Up With Mass. FCA Prosecutors
A recent Massachusetts U.S. Attorney's Office settlement, which required a hospital to admit to certain facts, continues a state trend away from traditionally defense-friendly nonadmission language and may complicate the prospects of amicably resolving future False Claims Act cases, say Jonathan York and Scott Memmott at Morgan Lewis.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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What's Next For Enviro Justice After Affirmative Action Ban?
The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Strategies For Conducting More Effective Plea Negotiations
The sentencing of “Varsity Blues” scandal architect Rick Singer earlier this year provides a helpful case study on the plea bargain process, spotlighting three key negotiation concepts and seven tactics for defense attorneys, say lawyers at Riley Safer.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.