Massachusetts

  • September 07, 2021

    6 Companies Recharge IPO Market With Plans To Raise $2.7B

    Six companies spanning the enterprise software, athletic apparel, sports betting, coffee retail and health care industries launched plans Tuesday for initial public offerings that could surpass $2.7 billion in proceeds, signaling a post-Labor Day surge in IPO activity.

  • September 07, 2021

    Wolfman Jack Family, Fan Reach Deal Over IP Claims

    The widow and son of disc jockey Wolfman Jack have reached a tentative settlement to end claims they reneged on deals to sell his recorded shows and copyrights and harassed the fan who bought most of the archive, according to a Massachusetts federal court filing Tuesday.

  • September 07, 2021

    SpineFrontier Execs Hit With Charges In Kickback Scheme

    A snowballing bribery case against a Massachusetts spinal implant manufacturer resulted in kickback charges against the company and its top executives on Tuesday, alleging that surgeons collected millions of dollars in bribes for using the company's products.

  • September 07, 2021

    Jones Day Says Service Failure Dooms Paralegal's Bias Suit

    Jones Day is looking to shake a paralegal’s claims of harassment and discrimination by members of the firm’s tax and real estate group, claiming Tuesday that the former employee failed to serve the firm in either state or federal court.

  • September 07, 2021

    'Varsity Blues' Parents Say Feds Tried To Bully Witnesses

    "Varsity Blues" prosecutors attempted to bully a group of witnesses in the college admissions scheme into not sitting for interviews with the defense, according to a filing Tuesday by two parents who are leveling new misconduct claims ahead of their trial scheduled for next week.

  • September 03, 2021

    Mass. Justices OK COVID-19 Deadline Tolling In Injury Case

    The Massachusetts Supreme Judicial Court on Friday made clear that its emergency order tolling civil suit filing deadlines due to the COVID-19 pandemic has broad applications, and it affirmed a trial court's decision to greenlight a grocery store injury suit.

  • September 03, 2021

    Purdue's 'Bitter' Pill For Victim Recoveries Here To Stay

    Purdue Pharma's "bitter" Chapter 11 plan that shielded members of its Sackler family owners from liability showed that a much maligned bankruptcy strategy is likely here to stay unless outright banned by Congress, although its supporters insist it's the only way to get recoveries into the hands of victims in some cases.

  • September 03, 2021

    States, Groups Back College's High Court Review Of Bias Suit

    A group of 20 states and a slew of religious organizations have thrown their support behind a small Christian college's request for the U.S. Supreme Court to hear and reverse a Massachusetts high court's decision to let a professor sue the school for discrimination.

  • September 03, 2021

    Real Estate Rumors: Abacus Capital, Cabot, Eddie Hidary

    An Abacus Capital entity has reportedly paid $125.4 million for a Florida apartment complex, Cabot Properties is said to be building a Texas industrial property on spec and investor Eddie Hidary has reportedly paid $13 million for a Florida commercial property.

  • September 03, 2021

    Greenberg Traurig Nabs 3 New Hires Amid Major Expansion

    Greenberg Traurig LLP has snagged three new attorneys for its offices in Boston, Chicago and Salt Lake City, expanding the firm's real estate, corporate and bankruptcy practices with two new shareholders and an of counsel.

  • September 03, 2021

    Enterprise Fails To Change Court's Mind On Willful OT Claims

    Enterprise Holdings Inc. and a subsidiary must still face claims that they willfully misclassified a proposed class of assistant branch managers as overtime-exempt and thus face a longer statute of limitations, a Massachusetts federal court said, standing by a previous ruling.

  • September 02, 2021

    Keds Says Hanes Tried To Extort It Via 'Champion' TM Suit

    Keds LLC is accusing its longtime business partner Hanesbrands Inc. of trying to "extort" the shoe company by levying "baseless" trademark litigation over use of the "Champion" mark in an attempt to secure better terms for a footwear licensing agreement, according to a complaint filed Thursday in Massachusetts federal court.

  • September 02, 2021

    EBay Exec's 'Spy' Past No License To Tail Bloggers, Feds Say

    A former eBay security executive didn't have the right to stalk and harass company critics just because he claims to have once worked as a spy for the U.S. government, federal prosecutors told a Massachusetts federal judge on Thursday.

  • September 02, 2021

    Alexion Must Face Claims Of Stalling On Drug After Merger

    A Delaware Chancery judge has ruled that former shareholders of a biopharmaceutical business acquired by Alexion Pharmaceuticals Inc. can continue going after the company for allegedly failing to make appropriate efforts in developing an autoimmune drug, nixing Alexion's bid to erase their breach of contract claim as premature.

  • September 02, 2021

    'Varsity Blues' Wiretaps Flouted Law, Ex-USC Staff Says

    A former University of Southern California athletics official and coach swept up in the "Varsity Blues" college admission scandal told a Massachusetts federal judge Thursday that the government illegally asked AT&T to continue tapping the phone of scheme mastermind Rick Singer after a court order expired.

  • September 02, 2021

    Mass. Duo Cops To $1M Money Laundering Scheme

    Two Massachusetts men pled guilty on Wednesday to their roles in a nearly $1 million scheme to launder stolen money through sham business accounts at TD Bank and Bank of America.

  • September 02, 2021

    Biden Launches Enviro Review Of NY Offshore Wind Project

    The Biden administration kicked off the environmental review process for a proposal to generate up to 924 megawatts of wind energy off the easternmost tip of New York state, inviting the public to weigh in on the project that developers say could power as many as 600,000 homes.

  • September 02, 2021

    Pa. Takes Step To Join Growing Bloc Of Cap-And-Trade States

    Pennsylvania regulators have taken steps to limit carbon dioxide pollution from state power plants and join a regional cap-and-trade initiative, a major step toward realizing the state’s goal of reducing emissions by over 25% in the next five years.

  • September 01, 2021

    Chancery Throws Out Challenge To $5.1B Tesaro Sale

    A Delaware Chancery Court vice chancellor tossed a lawsuit by a class of Tesaro investors over the allegedly underpriced $5.1 billion sale of the cancer drugmaker, ruling that the claims couldn't overcome Delaware corporate law precedent because she was convinced the deal had been legitimately approved by stockholders.

  • September 01, 2021

    Boston Absolved For Late Filing In Satanic Temple Suit

    A Massachusetts federal judge admonished attorneys for the city of Boston on Wednesday for blowing a deadline to respond to a Satanic religious group's lawsuit, but said the delay was not damning enough to end the case.

  • September 01, 2021

    Mass. AG Secures $27M Deal With Subprime Auto Lender

    Massachusetts Attorney General Maura Healey announced Wednesday that her office secured a $27 million settlement with national subprime auto lender Credit Acceptance Corp. over various allegations relating to the company's role in the origination, collection and securitization of subprime auto loans.

  • September 01, 2021

    6 Firms Jockey To Lead DraftKings Investors' Merger Row

    Pomerantz, Robbins Geller Rudman & Dowd and four other firms are competing for the lead counsel spot in a proposed securities class action against sports betting company DraftKings over a merger partner's alleged black market ties, according to court filings Tuesday.

  • September 01, 2021

    Purdue Pharma Ch. 11 Plan Gets OK With Sackler Releases

    A New York bankruptcy judge on Wednesday approved OxyContin maker Purdue Pharma's Chapter 11 plan, including contentious opioid liability releases for the company's now-former Sackler family owners.

  • September 01, 2021

    Feds Drop 'Varsity Blues' Racketeering Conspiracy Charges

    The government is dropping racketeering conspiracy charges against three college coaches and an administrator swept up in the "Varsity Blues" college admission scandal, according to a recent filing in Massachusetts federal court.

  • August 31, 2021

    1st Circ. Won't Revive Class Claims In ACT Fax Ad Row

    The First Circuit has refused to allow a private high school to press class claims on behalf of thousands of schools that allegedly received unsolicited fax advertisements from college testing provider ACT Inc., finding that the plaintiff could only pursue statutory damages for the three faxes it was sent. 

Expert Analysis

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • New Circuit Split Complicates Domestic Securities Test

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    The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • What Attorneys Should Know About State MDLs

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    Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.

  • Lessons From SAP's Multiagency Illegal Export Penalty

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    German software company SAP SE's recent multiagency penalty over illegally exporting U.S.-made products to users in Iran shows that software and cloud services providers cannot ignore suspected end use in sanctioned countries regardless of where their products were sold, say Robert Slack and Julia Kuelzow at Kelley Drye.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

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