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Massachusetts
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March 01, 2024
Thoma Bravo Ups Everbridge Deal Size By $300M, To $1.8B
Cooley LLP-advised software company Everbridge said Friday that Kirkland & Ellis LLP-led Thoma Bravo has agreed to up its proposed acquisition of Everbridge to $35 per share from $28.60, boosting Everbridge's implied value on the transaction from $1.5 billion to $1.8 billion and sending its stock soaring an additional 25%.
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March 01, 2024
Fired Boston Top Cop Says 'Destroyed Reputation' Merits Trial
A Boston police commissioner fired after decades-old allegations of domestic abuse surfaced told a federal judge he is entitled to his day in court for his defamation suit, saying the city's former mayor "destroyed" his reputation in the press.
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February 29, 2024
Pentagon Leak Suspect To Change Plea In Hearing Next Week
Federal prosecutors indicated Thursday that a former Massachusetts Air National Guardsman will change his not guilty plea to charges he posted hundreds of top-secret military intelligence documents online, asking a Massachusetts federal judge to schedule a change of plea hearing for next week.
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February 29, 2024
Two More Cos. Hit With 'In Concert' Delaware Bylaw Suits
The number of class actions targeting companies' boards of directors and allegedly "coercive" bylaw provisions continues to grow, as two new investor suits were filed in Delaware's Court of Chancery against Massachusetts payments software company Flywire Corp. and California subscription software company Zuora Inc.
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February 29, 2024
Medtronic Expands Its Bladder Device Patent Fight
Medical device conglomerate Medtronic has opened two more fronts in its fight over a new kind of "neuromodulation solution" for bladder and bowel control issues that's at the center of its ongoing intellectual property dispute with a newer and smaller rival, a recent acquisition of Boston Scientific.
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February 29, 2024
Mass. High Court Revises 'Complex' Anti-SLAPP Guidance
The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.
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February 29, 2024
Biden Floats 3 Nominees To Return FERC To Full Strength
President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.
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February 29, 2024
Insurance Co. Settles Mass. Worker's Long COVID Suit
Lincoln Life Assurance has agreed to resolve a suit alleging it wrongly cut off disability payments to a worker who was recovering from over a year of debilitating long-term symptoms caused by COVID-19, according to a Thursday order in Massachusetts federal court.
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February 29, 2024
Harvard Faces Appeal Of Ruling Over Alleged Body Part Sales
Families suing Harvard University over the alleged theft and sale of body parts donated to the institution's medical school on Thursday appealed a ruling that found the university was immune from all claims across a dozen related lawsuits.
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February 29, 2024
Amazon Seller Thrasio Seeks $360M DIP Facility In Ch. 11
Thrasio Holdings Inc., which aggregates third-party brands for sale on Amazon, has urged a New Jersey bankruptcy court to sign off on an agreement the company struck with lenders to finance the consumer goods business' Chapter 11 case to the tune of $360 million.
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February 29, 2024
Hub Hires: Proskauer, Hogan Lovells, The SJC
The shortest month of the year was a day longer this year and featured some significant Boston legal market moves, including a new member of the top court, a new finance attorney at Proskauer, and Hogan Lovells adding a longtime Foley Hoag partner.
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February 28, 2024
Au Pair Agency Can't Arbitrate Wage Claims, Judge Says
Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.
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February 28, 2024
Green Groups Back Mass. Lobstering Closure To Save Whales
Conservation groups told a Massachusetts federal court that an offshore seasonal fishing closure is critical to stop gear entanglements threatening nearly extinct North Atlantic right whales, urging the court to reject the lobster industry's move to block the restrictions.
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February 28, 2024
Construction Co. Boss Gets 9 Mos. For $1M Payroll Tax Fraud
A Boston federal judge has sentenced the owner of two Massachusetts construction companies to nine months in prison for failing to pay more than $1 million in employment taxes over a decade.
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February 28, 2024
Equinox And Trainer Ignored Struggling Before Injury, Suit Says
An Equinox personal trainer ignored a client whose struggle to complete a bench press led to a ruptured pectoral muscle, according to a lawsuit filed Tuesday in Massachusetts.
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February 28, 2024
Mass. High Court Nominee Who Dated Gov. Confirmed 6-1
A Massachusetts Appeals Court justice and former WilmerHale partner whose past relationship with Gov. Maura Healey raised concerns about potential conflicts of interest was confirmed 6-1 to a seat on the state's highest court on Wednesday, with several members of the Governor's Council dismissing those concerns.
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February 28, 2024
NuVasive Can Pierce Co. To Collect From Ex-Rep, Judge Says
NuVasive Inc. can pierce the corporate veil to collect a $617,000-plus arbitration judgment it won against a company operated by one of its former sales representatives who improperly cut ties with the medical device company and violated his noncompete agreement, a Boston federal judge has ruled.
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February 28, 2024
Major Amazon Seller Thrasio Enters Ch. 11 To Cut $500M Debt
Thrasio Holdings Inc., a consumer goods company that is one of Amazon's largest third-party sellers, announced Wednesday that it entered Chapter 11 bankruptcy in New Jersey with the aim of cutting nearly $500 million in debt while bringing in more capital.
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February 27, 2024
TV Station Can't Kill Verizon Counterclaims In Carriage Fight
A Rhode Island television station can't dodge counterclaims that it was the one responsible for letting Verizon know that it had been paying retransmission fees to the wrong company, the Massachusetts federal judge overseeing the TV station's lawsuit against Verizon and Nexstar has ruled.
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February 27, 2024
Ex-NESN Exec Gets 3½ Years In Fraud Scheme
A former executive at the Massachusetts cable network that broadcasts Red Sox and Bruins games was sentenced Tuesday to 3½ years in prison for embezzling nearly $600,000 from his employer through an elaborate invoicing scheme, crimes a judge called both "deliberate" and "insidious" and the government called "brazen."
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February 27, 2024
Architect May Be Negligent, But He's No Liar, Court Rules
An intermediate Massachusetts appellate panel ruled Tuesday that a home contractor could not show an architect acted with deception or dishonesty when he repeatedly questioned the company's billing during a $2.5 million home renovation project.
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February 27, 2024
PTAB Takes Up Challenge To Dyson Hair Dryer Patent
An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.
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February 27, 2024
Mass. AG Sues Boston Suburb For Flouting Housing Law
Massachusetts Attorney General Andrea Joy Campbell is seeking an injunction, fines or possibly the appointment of a special master to force the Boston suburb of Milton to comply with a state housing law requiring multifamily zoning that the town's voters rejected in a referendum earlier this month, according to a lawsuit filed Tuesday.
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February 27, 2024
Cybersecurity Firm Says Reseller Stiffed It To Pay Other Bills
Cybersecurity firm Acronis Inc. is accusing a reseller of using the proceeds from the sale of its products to pay off other financial obligations and ignoring its $1.5 million debt to Acronis, according to a lawsuit filed Monday in Massachusetts state court.
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February 26, 2024
Clement, Prelogar Odd Bedfellows In Social Media Showdown
After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.
Expert Analysis
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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.
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How Construction Industry Can Help Mitigate Wildfire Impact
The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle
With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Challenging Gov't Use Of Nontraditional White Collar Tools
As the government prosecutes white collar cases with an ever-increasing reliance on nontraditional tools — including wiretaps, cooperating witnesses and racketeering charges — defense attorneys must understand how to mount effective defenses against such tools, say Glenn MacKinlay and Dean Elwell at McCarter & English.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.