Massachusetts

  • June 05, 2020

    Looting To Test Limits Of Pot Dispensary Insurance Coverage

    After being targeted for looting amid nationwide protests against police brutality, marijuana dispensaries soon will be grappling with insurance coverage challenges unique to an industry that is illegal under federal law.

  • June 05, 2020

    Insurance Broker Can't Dodge Seafood Co.'s Crab Loss Suit

    The Massachusetts Appeals Court on Friday revived Whitecap International Seafood Exporters' suit against broker Eastern Insurance Group for its failure to procure a warehouse liability policy that allegedly left the seafood seller uninsured for its loss of a large shipment of snow crab.

  • June 05, 2020

    Trump Lifts Obama's Fishing Restrictions In Marine Monument

    President Donald Trump on Friday rescinded a fishing ban in a New England marine monument established by former President Barack Obama and also threatened to put a tariff on cars imported from Europe and other goods from China if they don't drop tariffs on U.S. lobsters.

  • June 05, 2020

    Fed. Circ. Won't Say If Premature Alice Ax Bars Invalidity Bid

    The Federal Circuit has refused to answer whether its earlier revival of a CardioNet heart monitor patent blocks medical device maker InfoBionic from again trying to invalidate the patent under the U.S. Supreme Court's Alice ruling.

  • June 05, 2020

    Harvard Carries 'Heavy Burden' In Race Case, 1st Circ. Told

    A group suing Harvard University over its use of race in admissions decisions told the First Circuit on Friday that the Ivy League school carries the "heavy burden" of proving its policies don't harm Asian Americans because of their race.

  • June 05, 2020

    Keep ICE Court Arrests Blocked, Mass. Bar Tells 1st Circ.

    Backing a pair of Boston-area district attorneys, the Massachusetts Bar Association and four other attorney groups asked the First Circuit to leave in place an injunction blocking U.S. Immigration and Customs Enforcement from making civil arrests in state courthouses.

  • June 05, 2020

    Proskauer Assists As Atlas Venture Wraps Up $400M Fund

    Massachusetts-based venture capital firm Atlas Venture, advised by Proskauer Rose, said Friday it has closed its 12th flagship fund after securing $400 million from limited partners, with plans to target investments in promising biotech companies.

  • June 04, 2020

    Law Group Says Floyd Remarks Met With Threats, Twitter Halt

    The nonprofit group Lawyers for Civil Rights Boston said Thursday that it received death threats and its Twitter account was temporarily suspended after it issued a statement on the police killing of George Floyd.

  • June 04, 2020

    Coronavirus Litigation: The Week In Review

    Inovio Pharmaceuticals says one of its suppliers is "holding hostage" the development of its COVID-19 vaccine, Amazon workers have accused the company of failing to follow laws and health guidelines at a New York fulfillment center, and a lawsuit comparing Massachusetts' governor to King George III challenges his decision to close businesses during the pandemic.

  • June 04, 2020

    Converse, Workers Reach $1.9M Deal In Bag Check Suit

    A class of Converse workers is urging a California federal judge to preliminarily approve a $1.87 million settlement with the shoe company over claims that Converse failed to pay workers for time they spent clearing post-shift security checks.

  • June 04, 2020

    1st Circ. Nixes Permit For Enbridge Unit Pipeline Facility

    The First Circuit has vacated an air pollution permit for a Massachusetts facility that is part of the $1 billion Atlantic Bridge pipeline project operated by a unit of an Enbridge Inc. subsidiary, saying it was improperly approved by state regulators.

  • June 04, 2020

    Freshfields Partly Escapes Recruiter's Claims Over Cleary Hire

    A legal headhunter can't advance claims that Freshfields Bruckhaus Deringer LLP failed to pay fees for being introduced to a Cleary Gottlieb Steen & Hamilton LLP mergers and acquisitions attorney because the parties never signed a written contract, a Massachusetts federal judge said Wednesday.

  • June 04, 2020

    COVID-19 Remote Work Request Got Engineer Fired, Suit Says

    A Massachusetts engineer with high blood pressure who lives with his 81-year-old mother was fired because his company wanted to "make an example" out of his refusal to work from the office during the COVID-19 pandemic, according to a suit filed Wednesday in federal court.

  • June 03, 2020

    Thoma Bravo Ends Control Of Dynatrace In $1B Offering

    Guided by Goodwin Procter, cloud software group Dynatrace on Wednesday priced a follow-on offering worth more than $1 billion and sees private equity firm Thoma Bravo end its controlling stake in the company.

  • June 03, 2020

    Mass. Justices Call For Introspection Amid Racial Tumult

    The Massachusetts Supreme Judicial Court's seven justices said in a letter Wednesday the legal community needs to show more than "feelings of sadness and anger" following recent police killings of black men and women, which have sparked protests and police-led crackdowns across the United States.

  • June 03, 2020

    Pharmacy Chain Says It Can Rep Class If Lead Is DQ'd

    A Midwest pharmacy chain said Tuesday that it's ready to fill in as head of a direct purchaser class accusing Actavis and Shire of illegally delaying the sale of a generic version of Shire's ADHD medication Intuniv if the pharmaceutical companies manage to decertify the class's current named plaintiff.

  • June 03, 2020

    Portola Investor Cries Foul Over Tender Offer Math

    Portola Pharmaceuticals Inc. and its chief executive and board were hit Tuesday with a shareholder action in New York federal court accusing the company of filing opaque financial analyses with the U.S. Securities and Exchange Commission in connection with its acquisition by another drugmaker.

  • June 03, 2020

    MassMutual Ventures' Global Assets Hit $450M With New Fund

    Private equity firm MassMutual Ventures said Wednesday that it has launched a third Boston-based $100 million fund that it will manage on behalf of Massachusetts Mutual Life Insurance Co., bringing the firm's global assets to $450 million.

  • June 03, 2020

    Delta Ditches Imprisonment Suit In Pun-Filled 1st Circ. Ruling

    Delta Airlines escaped claims it falsely imprisoned a renowned Massachusetts doctor when the First Circuit said in a pun-heavy opinion Tuesday that it didn't need a "stopover" to conclude the suit was filed too late.

  • June 03, 2020

    Judge's COVID-19 Quandary: How Many Inmates Is Too Many?

    A Massachusetts federal judge would like to know approximately how many U.S. Immigration and Customs Enforcement detainees a state jail can hold while maintaining social distancing protocols during the COVID-19 pandemic, asking both the government and a class of inmates to weigh in during a hearing Wednesday.

  • June 03, 2020

    Contrite Swiss Atty Avoids Jail In Microcap Fraud Case

    A Swiss attorney was sentenced to probation on Wednesday for his part in a $164 million penny stock fraud scheme after a Massachusetts federal judge credited his "efforts to seek redemption" by voluntarily coming to the U.S. to plead guilty and apologize for his conduct. 

  • June 02, 2020

    1st Circ. Says Novo Nordisk Can't Block Ex-Worker's New Job

    Novo Nordisk Inc. can't immediately block a former employee from continuing to work for rival BioMarin Pharmaceutical Inc. because the worker likely isn't subject to a noncompete agreement he had signed with the Danish pharma giant, the First Circuit ruled Tuesday.

  • June 02, 2020

    Investment Firm Must Pay $29M To End SEC Suit

    A Massachusetts federal judge on Tuesday handed a win to the U.S. Securities and Exchange Commission, ordering a Nevada investment adviser and its founder to pay back nearly $29 million they allegedly gained by defrauding clients.

  • June 02, 2020

    DOL Can't Skirt States' Effort To Sink Joint Employer Rule

    The U.S. Department of Labor must face claims by a coalition of Democratic state attorneys general that a recently finalized joint employer rule is unlawful, a New York federal judge has ruled, saying the states have standing because the regulation might sap them of tax revenue and hike enforcement-related costs.

  • June 02, 2020

    Lawmakers Push Changes After George Floyd's Death

    After George Floyd's death in Minneapolis police custody last week, federal lawmakers are planning bipartisan hearings and proposing dozens of bills that would curtail legal shields for law enforcement, outlaw choke holds, end a program that provides military equipment to police departments and create a national police misconduct registry.

Expert Analysis

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How Insurers Can Prepare For Hurricanes During A Pandemic

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    Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.

  • Spring Is A Good Time To Revisit Easement Conflict In Mass.

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    A recent Massachusetts Land Court case addressing beach access and other easement rights in residential subdivisions serves as a reminder of the complex issues surrounding easements that real estate companies and developers might consider as summer approaches, says Gordon Orloff at Rackemann Sawyer.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

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