Massachusetts

  • August 01, 2025

    Normal Wear Is On Landlord's Dime, Not Renters', Court Says

    Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.

  • August 01, 2025

    States Urge High Court To Keep NIH Grant Funds Flowing

    A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.

  • August 01, 2025

    1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship

    The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.

  • August 01, 2025

    Senate Dem Pitches Way To Keep TikTok Online Without Sale

    U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.

  • August 01, 2025

    Mass. Judge Can't Dismiss Assault Case Via Sanction

    A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.

  • August 01, 2025

    4 Mass. Rulings You May Have Missed In July

    A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.

  • August 01, 2025

    Taxation With Representation: Skadden, Wachtell, Latham

    In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.

  • August 01, 2025

    Hub Hires: Holland & Knight, Nutter, Prince Lobel

    Boston tends to slow down during the summer months, as the area's colleges and universities empty out for the season, but there was still some movement in the Hub's legal community in July, including a late-career move by a well-known partner and a former attorney general's jump to a startup.

  • July 31, 2025

    3 DOJ Attys Face Bar Complaints Over CFPB Representation

    A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.

  • July 31, 2025

    DraftKings' $10M Deal With NFT Buyers Gets Final Green Light

    Sports betting giant DraftKings Inc. and purchasers of certain nonfungible tokens it offered have gotten a judge's final sign-off for their $10 million deal ending claims the tokens ran afoul of securities laws.

  • July 31, 2025

    Dems Press OCC Head On Regulating Trump's Crypto Biz

    Top Senate Democrats on banking and financial committees urged the Comptroller of the Currency Thursday to detail how he will address the potential for interference by President Trump now that the agency is charged with regulating stablecoins like the one the president's family has launched.

  • July 31, 2025

    Witness' Use Of 'Fraud' Doesn't Cancel TV Sports Exec's Verdict

    The First Circuit rejected arguments by a former executive at the cable channel for the Boston Red Sox and Boston Bruins that a witness' use of the word "fraud" and testimony about his lavish spending tainted the jury that convicted him of a fake invoice scheme.

  • July 31, 2025

    Dept. Head Ends Claim Of Being Forced To Work After Injuries

    Scientific Systems Company Inc., a Massachusetts-based military contractor, and a former department head have agreed to dismiss a Connecticut federal employment discrimination lawsuit that claimed the company forced its ex-employee to work with a spinal injury and broken fingers after he fell during a travel assignment.

  • July 31, 2025

    Mass. Court Allows Consecutive Resentencing In Murder Case

    Massachusetts' highest court has ruled that prosecutors may seek two consecutive life sentences with parole eligibility in a double murder case after outlawing life without parole sentences for defendants who committed crimes between the ages of 18 and 20-years-old.

  • July 31, 2025

    1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge

    The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.

  • July 31, 2025

    Judge Questions Gov't Objection To Shielding FEMA Funds

    A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.

  • July 30, 2025

    8th Circ. Tosses Ruling Striking Binding NEPA Regulations

    The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.

  • July 30, 2025

    'Peace Promoter's' Bitcoin Sentencing Upheld At 1st Circ.

    A church founder and self-described "peace promoter" must serve an eight-year sentence, the First Circuit affirmed, rejecting his argument that the U.S. Department of the Treasury overstepped its bounds by charging him with tax evasion and a slew of other crimes tied to a Bitcoin operation he founded in 2014.

  • July 30, 2025

    Trump Official Denies Shutting Down FEMA Disaster Program

    The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.

  • July 30, 2025

    Dem Senators Press 9th Circ. Pick On Gender Role Beliefs

    Eric Tung, a partner at Jones Day and nominee for the Ninth Circuit, faced questions from Democratic senators during his nomination hearing Wednesday about his views on gender roles, based on remarks he gave to the Yale Daily News in 2004, when he was in college.

  • July 30, 2025

    Housing Groups Want $30M Grant Case Kept In District Court

    A coalition of housing advocacy groups challenging the termination of $30 million in federal antidiscrimination grants asked the First Circuit on Wednesday to let the Massachusetts federal district court keep jurisdiction over the case, if only to keep it alive long enough to figure out next steps.

  • July 30, 2025

    4 Firms Steer Palo Alto Networks' $25B CyberArk Buy

    Cybersecurity giant Palo Alto Networks revealed plans Wednesday to acquire identity security company CyberArk in a cash-and-stock megadeal valued at $25 billion and built by four law firms.

  • July 29, 2025

    States Sue To Block Feds' Demand For Benefit Recipient Data

    Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.

  • July 29, 2025

    Mass. Appeals Court Won't Overturn $6.6M Fatal Stroke Award

    A Massachusetts appellate panel on Tuesday declined to toss a $6.6 million medical malpractice award in a suit accusing a physician of causing a patient's fatal stroke, saying certain instructions did not unfairly influence the jury.

  • July 29, 2025

    J&J Owes $43M For 30-Year Talc User's Mesothelioma

    A Massachusetts state court jury ordered Johnson & Johnson Tuesday to pay more than $42.6 million to a former talc user with mesothelioma and his wife, following a trial in which the man's lawyer told jurors the alleged cancer-causing effects of the company's baby powder were its "dirty little secret."

Expert Analysis

  • Timeline Considerations For Boston's New RE Review Process

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    Boston's newly reimagined large real estate project review process, featuring early community engagement, holds impacts for project timelines that land use counsel must account for when guiding developers through approvals, says David Linhart at Goulston & Storrs.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Compliance Lessons From Raytheon's FCPA Settlement

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    A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Cos. Must Brace For New PFAS Regulations And Litigation

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    The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • AV Compliance Is Still A State-By-State Slog — For Now

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    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

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