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Massachusetts
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March 24, 2025
Supreme Court Won't Review Dismissal Of Koss' PTAB Appeal
The U.S. Supreme Court on Monday turned down an appeal by headphone maker Koss Corp. arguing that the Federal Circuit wrongly dismissed its appeal of a Patent Trial and Appeal Board decision by finding that the company's patents had been declared invalid in a separate case that settled.
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March 21, 2025
Real Estate Recap: GSA Leases, Artemis, C-PACE
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insight from Holland & Knight attorneys on General Services Administration lease terminations, Paul Hastings dealmakers on the Artemis takeover, and how attorneys see increasing use of commercial property-assessed clean energy financing.
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March 21, 2025
Lululemon Secures PTAB Decision Axing Nike Shoe Patent
Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.
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March 21, 2025
Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit
The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts
The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
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March 21, 2025
Harvard Grad Eyes New Complaint In Antisemitism Suit
A former student on Thursday accused Harvard University of using "litigation tactics" to thwart an amended complaint in a suit over the Ivy League school's handling of antisemitic incidents on campus, after the school settled with some of the plaintiffs in the case.
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March 21, 2025
Mass. Court Shields Welfare Workers From Child Harm Claims
Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.
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March 21, 2025
Taxation With Representation: Cravath, Paul Weiss, Cooley
In this week's Taxation With Representation, Google acquires Wiz, QXO Inc. acquires Beacon Roofing Supply, and the Boston Celtics are bought by a group led by private equity firm co-founder William Chisholm.
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March 20, 2025
Judge OKs $51.75M Clearview AI Deal Despite AG Objections
An Illinois federal judge Thursday granted final approval to Clearview AI's $51.75 million settlement resolving multidistrict litigation challenging the company's practice of automatically collecting biometric facial data online, rejecting objections from 22 state attorneys general and the District of Columbia.
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March 20, 2025
Trump Rescinds Paul Weiss Order After Firm Strikes Deal
President Donald Trump on Thursday announced he will rescind an executive order suspending security clearances held by Paul Weiss Rifkind Wharton & Garrison LLP employees after the law firm agreed to not adopt DEI hiring practices and to provide $40 million worth of pro bono services to support administration initiatives.
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March 20, 2025
Judge Won't Let Meijer Appeal Takeda's Arbitration Mandate
A Massachusetts federal judge refused Thursday to let Meijer immediately appeal his order letting Takeda Pharmaceutical force the grocery chain into arbitration and out of its role as a representative of a proposed class of direct purchasers suing over delayed generics to a constipation drug.
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March 20, 2025
Parolees Say DHS Parole Program Cuts Causing Broad Injury
Eighteen noncitizen parolees and U.S.-based sponsors suing the Department of Homeland Security are urging a Massachusetts federal judge to block the termination of Biden-era parole programs for Afghanistan, Ukraine, Cuba and other countries, arguing a block is necessary to "prevent deep and broadening irreparable injury."
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
Boston Marathon Organizers Can't Shed All Race Bias Claims
A Black women's running club may continue pursuing some federal and state law racial bias claims against the nonprofit that oversees the Boston Marathon and a city along the course, a Massachusetts federal judge ruled Thursday.
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March 20, 2025
Ex-Harvard Coach's Bias Suit Filed On Time, Judge Advises
Harvard University shouldn't escape a former ice hockey coach's suit alleging she was forced into retirement for complaining that she was treated differently from her male colleagues, a Massachusetts federal judge recommended, saying her claims were filed within the statutory time limits.
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March 20, 2025
Three Firms Assist On Record $6.1B Boston Celtics Sale
The defending NBA champion Boston Celtics and their longtime owners, represented by Gunderson Dettmer and Cooley LLP, have been purchased for $6.1 billion by a Wachtell Lipton Rosen & Katz-advised group led by private equity firm co-founder William Chisholm, setting a new record for a North American pro sports franchise.
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March 20, 2025
No 1st Circ. Appeal For 'Varsity Blues' Guilty Plea, Judge Says
A judge in the "Varsity Blues" college admissions case won't allow a former attorney and television executive to seek First Circuit review of his order rejecting claims that a U.S. Supreme Court ruling invalidates the legal underpinnings of the former executive's guilty plea, according to a Thursday decision.
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March 19, 2025
Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling
A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.
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March 19, 2025
Russian Gotbit Crypto Operator Gets Plea Deal, Forfeits $23M
A Russian national accused of manipulating crypto markets through a market-making service he founded called Gotbit has struck a plea deal with Massachusetts federal prosecutors in which he copped to charges of conspiracy to commit market manipulation and wire fraud and agreed to forfeit about $23 million in cryptocurrency.
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March 19, 2025
Leader Of Brothel That Catered To Attys, Execs Gets 4 Years
The head of a network of brothels that operated out of luxury apartments in the Boston and Washington, D.C., areas and counted lawyers, political figures and executives among its clientele was sentenced to four years in prison on Wednesday.
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March 19, 2025
UMass Medical Execs To Face Retaliation Claim In Vax Dispute
The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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5 Lessons From Consulting Firm's Successful DOJ Disclosure
The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.
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Video Game Release Highlights TM Pitfalls Of App Store
The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.