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Massachusetts
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January 28, 2025
4 Firms Look To Build $1B Sale Of Evergreen Theragnostics
Radiopharmaceutical-focused healthcare company Lantheus Holdings Inc. on Tuesday announced plans to buy Evergreen Theragnostics Inc. for up to $1 billion or more in a deal steered by four law firms.
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January 28, 2025
Wynn Fraud Trial Still On As Appeals Court Declines To Step In
A Wynn Resorts subsidiary cannot challenge a decision allowing a trial on accusations that it misled the former owner of the site of its Encore Boston Harbor casino into cutting the property's sale price by $40 million, the state's intermediate-level appeals court has ruled.
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January 27, 2025
Takeda Pushes Meijer Antitrust Suit Into Arbitration
Meijer is going to have to arbitrate its claims that Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.
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January 27, 2025
NFL Union, DraftKings Reach Settlement In NFT Licensing Suit
The NFL Players Association and DraftKings Inc. asked a New York federal judge Monday to pause a lawsuit that accused the betting platform of failing to follow through on a licensing agreement related to nonfungible tokens while they iron out details of a settlement.
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January 27, 2025
Biz Adviser, Relative Beat SEC's Investment Fraud Claims
A Boston federal judge rejected the U.S. Securities and Exchange Commission's claims that a business adviser and his brother-in-law traded penny stocks to further a $2.3 million fraud scheme.
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January 27, 2025
Davis Polk, Skadden Build Emerson's $7.2B AspenTech Buy
Global technology company Emerson, advised by Davis Polk & Wardwell LLP, on Monday announced plans to acquire the remaining shares of fellow software company AspenTech, whose special committee was led by Skadden Arps Slate Meagher & Flom LLP, that it does not already own in a $7.2 billion deal.
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January 27, 2025
Harvard Lecturer Says Monthly Payroll Flouts Wage Law
Harvard University is violating Massachusetts wage law by paying its faculty once a month rather than weekly or biweekly, an instructor alleged in a proposed class action filed in state court.
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January 24, 2025
Real Estate Recap: Hughes Fire, EOs, Practices Of The Year
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including more law firm displacement due to the newly ignited Hughes Fire in Los Angeles County, real estate sector speculation following a storm of executive orders, and two of Law360's picks for real estate and construction practice groups of the year.
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January 24, 2025
Boston Firm Says IT Vendor Holding Computers 'Hostage'
Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.
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January 24, 2025
Philip Morris Settles Tobacco Liability Trial After Openings
Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.
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January 24, 2025
Thomson Reuters Settles With Ex-Worker Who Criticized BLM
Thomson Reuters has settled a lawsuit claiming it wrongly fired a white data scientist in its Boston office for criticizing the Black Lives Matter movement on a company messaging system, according to a filing in federal court.
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January 24, 2025
Former Mass. Transit Facilities Engineer Admits $8.5M Fraud
A former facilities engineer for the private company that runs Massachusetts' commuter rail lines has pled guilty to defrauding his former employer of approximately $8.5 million through a pair of schemes and failing to report the funds on his income tax returns.
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January 24, 2025
Immigrant Groups Seek Block Of Trump's Citizenship 'Assault'
Massachusetts immigrant advocacy organizations and an expectant mother urged a Boston federal judge to block President Donald Trump's "unparalleled assault on the sanctity and integrity of U.S. citizenship," after a Washington judge paused the administration's birthright citizenship executive order for two weeks.
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January 23, 2025
Hiring Freeze, Ending Telework Would Devastate USPTO
The U.S. Patent and Trademark Office would be uniquely harmed if forced to follow the Trump administration's return to office mandate, given its nearly 30-year history of telework that has led to 96% of its employees being permanently remote.
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January 23, 2025
Dems Cite 'Unprecedented Concerns' With Trump Memecoins
U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.
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January 23, 2025
Marlboro Smoker Was Target Of Deception, Jury Hears
Philip Morris targeted a Massachusetts preteen as a "replacement" customer for others who were dying of lung disease, a Springfield jury heard Thursday, though the company's lawyer said the woman had free will and knew enough to stop smoking.
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January 23, 2025
Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict
A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.
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January 23, 2025
Home Health Agency Operator Gets 12 Years For $100M Fraud
The former operator of a Massachusetts home healthcare agency convicted of fraud last summer has been sentenced to 12 years in prison and ordered to pay nearly $100 million in restitution to the state's Medicaid program.
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January 23, 2025
Meta Wants Mass. Justices To Intervene In AG's Suit
Meta Platforms has urged Massachusetts' highest court to take up its challenge to a pending lawsuit brought by the state attorney general's office, which accused the social media company of intentionally designing Instagram to be addictive to children and teenagers.
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January 23, 2025
11 States Say DOJ Can't Make Them Enforce Deportations
Eleven state attorneys general fired back Thursday at a U.S. Department of Justice memorandum instructing federal prosecutors to take action against states that interfere with the Trump administration's plans to deport unlawfully present immigrants, calling the move unconstitutional.
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January 23, 2025
Corporate Transparency Law Remains Flanked By Threats
The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.
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January 23, 2025
UnitedHealthcare Settles Proton Beam Coverage Suit
UnitedHealthcare has agreed to resolve a proposed class action claiming it unlawfully denied coverage of a proton beam cancer treatment after wrongly labeling it as experimental, the insurance company and plan participants told a Massachusetts federal court.
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 22, 2025
American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss
A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.
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January 22, 2025
J&J Seeks To Defeat $30M Punitive Bid After Conn. Talc Trial
Johnson & Johnson has blasted a bid requesting that it pay $30 million in punitive damages on top of a $15 million jury award to a real estate developer who allegedly contracted mesothelioma from the company's talc, telling a Connecticut state court that, "at most," it should pay $5 million.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
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.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
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.
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AV Compliance Is Still A State-By-State Slog — For Now
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.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
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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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.