Massachusetts

  • February 28, 2024

    NuVasive Can Pierce Co. To Collect From Ex-Rep, Judge Says

    NuVasive Inc. can pierce the corporate veil to collect a $617,000-plus arbitration judgment it won against a company operated by one of its former sales representatives who improperly cut ties with the medical device company and violated his noncompete agreement, a Boston federal judge has ruled. 

  • February 28, 2024

    Major Amazon Seller Thrasio Enters Ch. 11 To Cut $500M Debt

    Thrasio Holdings Inc., a consumer goods company that is one of Amazon's largest third-party sellers, announced Wednesday that it entered Chapter 11 bankruptcy in New Jersey with the aim of cutting nearly $500 million in debt while bringing in more capital.

  • February 27, 2024

    TV Station Can't Kill Verizon Counterclaims In Carriage Fight

    A Rhode Island television station can't dodge counterclaims that it was the one responsible for letting Verizon know that it had been paying retransmission fees to the wrong company, the Massachusetts federal judge overseeing the TV station's lawsuit against Verizon and Nexstar has ruled.

  • February 27, 2024

    Ex-NESN Exec Gets 3½ Years In Fraud Scheme

    A former executive at the Massachusetts cable network that broadcasts Red Sox and Bruins games was sentenced Tuesday to 3½ years in prison for embezzling nearly $600,000 from his employer through an elaborate invoicing scheme, crimes a judge called both "deliberate" and "insidious" and the government called "brazen."

  • February 27, 2024

    Architect May Be Negligent, But He's No Liar, Court Rules

    An intermediate Massachusetts appellate panel ruled Tuesday that a home contractor could not show an architect acted with deception or dishonesty when he repeatedly questioned the company's billing during a $2.5 million home renovation project.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    Mass. AG Sues Boston Suburb For Flouting Housing Law

    Massachusetts Attorney General Andrea Joy Campbell is seeking an injunction, fines or possibly the appointment of a special master to force the Boston suburb of Milton to comply with a state housing law requiring multifamily zoning that the town's voters rejected in a referendum earlier this month, according to a lawsuit filed Tuesday.

  • February 27, 2024

    Cybersecurity Firm Says Reseller Stiffed It To Pay Other Bills

    Cybersecurity firm Acronis Inc. is accusing a reseller of using the proceeds from the sale of its products to pay off other financial obligations and ignoring its $1.5 million debt to Acronis, according to a lawsuit filed Monday in Massachusetts state court.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    'Pig Butchering' Victim Slaps Binance, Ex-CEO With RICO Suit

    Binance and the cryptocurrency exchange's former CEO let criminal syndicates run fraud schemes through its platform by flouting laws against money laundering and money transmitting, according to an $8.1 million civil racketeering suit filed in Boston federal court.

  • February 26, 2024

    Boston Sued For Records Of White Supremacist Protest

    The city of Boston and two law enforcement agencies are flouting the state's public records laws to avoid scrutiny over what one expert called an "intelligence failure of significant proportions" during a march by an avowed white supremacist group in 2022, a lawsuit filed Monday by the National Lawyers Guild alleges.

  • February 26, 2024

    Mass. Judge Won't Rethink SEC Win On Adviser Duty Breach

    A Massachusetts federal judge has refused to reconsider a judgment against Commonwealth Financial Network that found it failed to disclose an arrangement with its clearing firm that favored certain mutual funds to investors, saying the company has not identified any new evidence or an error in the court's application of the law.

  • February 26, 2024

    Boston Moves To Settle Suit Over 2016 Police Shooting

    The city of Boston has reached an agreement in principle to settle a wrongful death lawsuit brought by the mother of a Black man who was shot to death by Boston police officers in 2016, according to a Monday filing.

  • February 26, 2024

    JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers

    JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.

  • February 26, 2024

    Teva Tells 1st Circ. Feds Must Clear High Bar In FCA Case

    Teva Pharmaceuticals told the First Circuit on Monday that the federal government should be held to — and cannot meet — a strict causation standard in a False Claims Act kickback case, asking the court to settle a matter of first impression in the circuit.

  • February 26, 2024

    Liberty Cuts Off Drivers' Rentals Too Soon, Suit Claims

    Liberty Mutual systematically and arbitrarily ends replacement transportation coverage after seven days for policyholders whose vehicles are totaled in collisions, in violation of its own policy language, a proposed class action alleges.

  • February 26, 2024

    Mass. Casino Gets 2nd Fine For Taking Illegal College Bets

    The Massachusetts Gaming Commission on Monday fined Encore Boston Harbor $40,000 for improperly taking bets on games involving in-state colleges, the second such punishment doled out to the casino in the past seven months.

  • February 26, 2024

    Murder, Robbery Exoneree Seeks $1M For Lost Years

    A Massachusetts man who spent more than half his life in prison before being exonerated for a 1994 murder and robbery has filed a lawsuit seeking $1 million in compensation under a 20-year-old state law.

  • February 26, 2024

    Ropes & Gray-Led THL Taking Agiliti Private In $2.5B Deal

    Medical equipment management company Agiliti is going private in a deal with private equity firm Thomas H. Lee Partners, Agiliti announced Monday.

  • February 26, 2024

    Jury Awards Woodworking Co. $158K Over 'Lemon' Machine

    A Georgia federal jury has found that the manufacturer of a high-tech woodworking machine breached warranty duties to the device's buyer, awarding nearly $160,000 to a Massachusetts business that alleged it was sold a "lemon" of a machine.

  • February 26, 2024

    1st Circ. Rejects Crypto Founder's Hollow Fraud Appeal

    A cryptocurrency founder convicted of fraud hitched his appeal to "inapplicable precedent" and failed to muster an argument why a judge's blocking of testimony from government witnesses deprived his defense of material and favorable evidence, the First Circuit said in upholding the guilty verdict.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    No Lie In Calling A Lemon A Lemon, Jury Told At Trial's End

    At the close of a trial nearly eight years in the making, counsel for a Massachusetts woodworking shop facing claims that it bad-mouthed its machinery suppliers to others in the industry denied claims Friday that the shop's owner-operator leveled death threats during a heated dispute over a malfunctioning piece of equipment.

  • February 23, 2024

    Gov.'s Romantic Ties To Top Court Pick May Spark Recusals

    Massachusetts Gov. Maura Healey's selection of a former romantic partner to serve on the state's Supreme Judicial Court could be grounds for the justice to recuse herself from certain cases, though those scenarios would be relatively rare, legal ethics experts told Law360.

Expert Analysis

  • Mass. Robinhood Ruling Will Affect Broker-Dealers Nationwide

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    Following the Massachusetts Supreme Judicial Court's recent ruling in Robinhood v. Galvin, which upheld the state's rule imposing a fiduciary duty standard on broker-dealers, the Massachusetts Securities Division will likely target in-state and out-of-state firms under the rule, say attorneys at Mintz.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Deepfakes Remain A Threat Ahead Of 2024 Elections

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    Although this electoral season has already seen phony videos and images created to deceive the voting public — and deepfakes are surely destined to become all the more pervasive — there is still a lack of legislative progress on this issue, says Douglas Mirell at Greenberg Glusker.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • 1st Circ. Harvard Ruling Provides Primer On Policy Provisions

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    In its recent finding of no coverage for Harvard due to the school's failure to give Zurich American Insurance timely notice of its claim, the First Circuit provides a good analysis of the distinctions between occurrence and claims-made policies, including the rationale for differences in notice provisions, says Andrew Paliotta at Cozen O'Connor.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Fair Lending Activity: Calm On The Surface, Churning Below

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    The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • What Circuit Split May Mean For FCA Kickback Liability

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    The recent circuit split on the meaning of the resulting-from provision in False Claims Act kickback cases could have significant ramifications for FCA liability, as it could affect the standard of causation that plaintiffs must meet to establish liability, say former federal prosecutors Li Yu, Ellen London and Gregg Shapiro.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • 10 Legal Subject Matters Popping Up In AI Litigation

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    The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.

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