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Massachusetts
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
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March 05, 2024
Ill. Atty Tells 1st Circ. Feds Botched Venue For Scam Case
An Illinois lawyer convicted of receiving proceeds from business email compromise schemes orchestrated by others told the First Circuit on Tuesday that Massachusetts was the wrong place for him to have been tried, urging the appeals court to dismiss the charges underlying the guilty verdict.
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March 05, 2024
Wind Farm Challengers Meet Resistance At 1st Circ.
A First Circuit panel on Tuesday appeared unlikely to undo the government's approval of a 62-turbine wind farm off the coasts of Martha's Vineyard and Nantucket, questioning the effort of opponents to get the court to consider data on right whales that it did not present to agencies during the review process.
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March 04, 2024
Justices Try To Shroud Differences With Trump DQ Ruling
The U.S. Supreme Court issued a purportedly unanimous decision Monday finding states cannot bar federal candidates from appearing on ballots, but a closer look at the justices' writings — and the opinion's metadata — reveals a sharp divide that court watchers say was papered over in an effort to preserve the court's institutional legitimacy.
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March 04, 2024
Vax Refusal Doesn't Negate Benefits, Mass. Top Court Says
Massachusetts' highest court ruled Monday that an employee's refusal of the COVID-19 vaccine for religious reasons can be grounds for dismissal, but not for stripping them of unemployment benefits.
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March 04, 2024
Divisive Housing Law A 'Great Test' For New Mass. AG
A high-stakes legal showdown over Massachusetts' requirement that communities served by public transit build affordable housing presents a significant test for state Attorney General Andrea Campbell that could come back to hurt her politically, experts told Law360.
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March 04, 2024
'Varsity Blues' Feds Rip 'Alice-In-Wonderland' Bid To Nix Plea
Federal prosecutors in the "Varsity Blues" college admissions case said Monday that a former television executive's bid to vacate her guilty plea is "built on an Alice-in-Wonderland version of events" in which pretrial litigation and rulings in her case never occurred.
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March 04, 2024
Appeal Of $20.5M Terminated Deal Too Late, Says Fed. Circ.
The Federal Circuit on Monday declined to revive a construction company's untimely challenge over the termination of a $20.5 million National Guard contract, saying the company had enough information to be aware of the deadline to appeal.
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March 04, 2024
Deported Man Seeks Mass. Justices' OK For Remote Retrial
A man deported to the Dominican Republic due to convictions that were later vacated asked Massachusetts' high court on Monday for permission to join the government's retrial of the same charges via videoconference because there's no legal way for him to attend the trial physically.
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March 04, 2024
Catching Up With Delaware's Chancery Court
A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.
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March 04, 2024
1st Circ. Grapples With Crypto Exchange Tax Docs Seizure
First Circuit judges grappled Monday with an investor's claim that the IRS violated his privacy and property rights when it seized his account records from cryptocurrency exchange Coinbase, trying to establish during oral arguments to what extent the exchange was different from a traditional bank.
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March 04, 2024
Pentagon Leaker Faces Lengthy Prison Term After Plea
Jack Teixeira, the 22-year-old Massachusetts Air National Guardsman charged with one of the most significant military intelligence leaks in U.S. history, is facing more than a decade in prison after pleading guilty Monday to multiple violations of the Espionage Act.
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March 04, 2024
Justices Say States Can't Keep Trump Off Ballot
The U.S. Supreme Court found that states can't bar Donald Trump from running for reelection this year based on a 14th Amendment provision, with justices on Monday reversing a Colorado high court decision that barred Trump from the state's primary election ballot.
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March 04, 2024
JetBlue And Spirit Nix $3.8B Deal After Court Block
JetBlue Airways said Monday that it has reached an agreement with Spirit Airlines to end their planned $3.8 billion merger, after the U.S. Department of Justice convinced a Massachusetts federal court to block the deal earlier this year.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Harvard Grad Conned Alums In $3M Scheme, NY AG Says
A Harvard Business School graduate suspected of swindling nearly $3 million from his fellow alum — one of whom reportedly took his own life after losing $100,000 — has been ordered by a New York state court judge to stop soliciting investors in what investigators called a classic Ponzi scheme.
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March 01, 2024
GSK, Shook Hardy Can Recover Costs After Zofran MDL Win
GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.
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March 01, 2024
Dartmouth Urges NLRB To Pause College Hoops Vote
Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.
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March 01, 2024
CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug
Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.
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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.
Expert Analysis
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Divergent Decisions Highlight Uncertainty Of IPR Estoppel
Two federal court decisions last month reached opposite conclusions regarding when defendants can rely on prior art to avoid discretionary denial of inter partes review challenges, creating confusion around the viability of Sotera stipulations, say Harper Batts and Li Guo at Sheppard Mullin.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.