Massachusetts

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    Janssen FCA Claims Not Barred By Old Cases, Judge Says

    Prior litigation that referred to Janssen Biotech's marketing practices does not bar a False Claims Act complaint from moving forward because the earlier cases did not allege the same type of fraud, a Massachusetts federal judge ruled Thursday.

  • February 16, 2024

    Delivery Co. Denied Early Appeal In Mass. Wage Dispute

    A delivery company did not meet the standard for an immediate appeal of a ruling in favor of a group of drivers alleging they were misclassified as independent contractors, a Massachusetts federal judge ruled in denying the company's motion to appeal to the First Circuit.

  • February 16, 2024

    Telemedicine Exec Admits $110M Medicare Fraud Scheme

    A Florida man agreed to plead guilty to orchestrating a $110 million Medicare fraud scheme using telemedicine and telemarketing companies to generate falsified orders for knee braces and other medical equipment, Boston federal prosecutors said Friday.

  • February 15, 2024

    Sens. Press Zelle To Clarify Fraud Reimbursement Policies

    The chair of the U.S. Senate's banking committee and two of its members on Thursday pressed the CEO of the company behind Zelle to clarify the instant payment platform's policies protecting consumers from scams and fraud.

  • February 15, 2024

    Club, Insurer Resolve Fiduciary Breach Coverage Row

    A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.

  • February 15, 2024

    AGs Press FDA On Safeguards Against Metal In Baby Food

    Attorneys general from states across the country urged the U.S. Food and Drug Administration once again on Thursday to establish requirements that baby food producers test for lead and other metals in products headed for store shelves, citing a recent wave of childhood lead poisoning connected to recalled applesauce pouches.  

  • February 15, 2024

    DraftKings Paying $750M For Lottery App Jackpocket

    Digital sports and gambling company DraftKings Inc. said Thursday it has agreed to acquire U.S. lottery app Jackpocket for approximately $750 million, with Sullivan & Cromwell LLP and Cooley LLP representing the parties on the cash-and-stock deal. 

  • February 15, 2024

    Electric Parts Co. Can't Escape Worker's ESOP Fight

    Owners of a Massachusetts electrical components company and managers of its employee stock ownership plan can't avoid a suit alleging they undervalued the plan's shares when the program shut down, after a Massachusetts federal judge found Thursday that plan participants' allegations were detailed enough to move forward.

  • February 15, 2024

    What Rescheduling Pot Would Mean For Criminal Justice Reform

    While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.

  • February 15, 2024

    1st Circ. Partially Revives Tufts U. Worker's Benefits Fight

    The First Circuit has said a Massachusetts federal judge was right to release Tufts University from a suit by an employee alleging her insurance premiums were illegally increased but reinstated her claims against underwriter Prudential due to ambiguous contract language.

  • February 15, 2024

    Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

    A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

  • February 15, 2024

    Med Monitoring Claims In Philips MDL Sent Back For Review

    The judge overseeing multidistrict litigation over Koninklijke Philips NV's recalled breathing machines has declined a special master's recommendation to trim claims seeking medical monitoring for some users, instead sending the case back for a deeper look at which states would allow such claims or whether they required proof of physical injury.

  • February 15, 2024

    Lawmakers Push PE Firm For Answers On Steward Health

    A group of lawmakers demanded answers from private equity firm Cerberus Capital Management on Thursday over its relationship with financially troubled Steward Health Care-owned hospitals in Massachusetts, saying that Steward's recent collapse is a "textbook example" of the "grave risks" that come with private equity takeover of the healthcare system.

  • February 15, 2024

    Proskauer Adds 2 Milbank Global Finance Attys

    Proskauer Rose LLP added two global finance attorneys who had been with Milbank LLP as partners in its Boston and New York offices, the firm announced Thursday.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Insurer Says Repair Co. Owes $650K For Ferry Engine Failure

    A vessel repair company must pay over $657,000 for costs stemming from the failure of a ferry engine during routine maintenance, the insurer for a Boston ferry operator told a Massachusetts federal court Thursday, saying the company's negligence caused the mishap.

  • February 15, 2024

    ICE Reaches Settlement Over Mistaken Raid On Couple

    The government has reached a settlement with an elderly Boston woman and the estate of her longtime partner over a mistaken 2019 U.S. Immigration and Customs Enforcement raid on their apartment by agents who had the wrong address for a suspect, according to a Thursday court filing.

  • February 15, 2024

    1st Circ. Says Atty's Absence No Reason To Toss RICO Case

    The First Circuit has said a Boston federal judge's decision to dismiss a civil racketeering lawsuit after the plaintiff's counsel missed a hearing was an unwarranted rush to the "draconian sanction," which should be reserved for more extreme misconduct.

  • February 14, 2024

    Biden's OECD Pick Vows To Warren He'll Avoid Crypto Policy

    A former New York congressman who's been nominated to serve as the U.S. ambassador to a global economic development body has said he'll forgo working on crypto-oriented policy if he's confirmed to the job after Sen. Elizabeth Warren, D.-Mass, expressed concern over his work with cryptocurrency exchange Coinbase.

  • February 14, 2024

    Defunct Nuke Plant Mishandled Asbestos, Mass. AG Says

    Asbestos-containing demolition debris from the decommissioning of the Pilgrim Nuclear Power Station in Massachusetts was repeatedly mishandled, including being transported in open-top dumpsters to an unapproved metal recycling facility, the state's attorney general alleged Wednesday in a civil complaint against the plant's current owner.

  • February 14, 2024

    Breach Of Contract Claims Trimmed In $30M GameStop Suit

    A Delaware federal court dropped some allegations related to the breach of contract claims against GameStop in a $30 million fee dispute, saying the plaintiff, Boston Consulting Group, has not pled a viable claim in some instances despite having three chances to do so.

  • February 14, 2024

    Biotech Nabs $200M Via Private Placement, Starts CEO Search

    Public gene therapy company enGene Holdings Inc. announced Wednesday that it will sell 20 million of its common shares, raising an anticipated private placement of around $200 million, to fund the development of its lead compound EG-70.

  • February 14, 2024

    Mass. Court Doubts Northeastern Vowed To Keep Land Public

    Massachusetts Appeals Court justices appeared Wednesday to question a claim by the town of Nahant and a group of residents that Northeastern University had implicitly dedicated oceanfront land it acquired in the 1960s as a wildlife preserve and park by allowing public access for decades.

  • February 14, 2024

    Ex-Atty Can't Delay Prison Amid Pot Bribe Appeal, Judge Says

    A Boston federal judge on Wednesday shot down a former Massachusetts attorney's request to put off his 24-month prison sentence while appealing his conviction for bribing a local police chief to boost his client's retail cannabis application.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Benefits Limitations Period Ruling Carries ERISA Implications

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    The First Circuit's recent decision in Smith v. Prudential — over enforcing a benefits claim limitations period that expires before the claim accrued — has ramifications for Employee Income Security Act cases, where limitations issues can arise in the termination of ongoing benefit payments rather than an initial application for benefits, says Mark DeBofsky at DeBofsky Law.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor

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    Massachusetts’ recent adoption of single-sales-factor apportionment will benefit companies that have a greater in-state physical presence, reinforce the importance of understanding market-sourcing rules, and reduce the manufacturing classification's importance to tax apportionment, though the classification continues to be significant to other aspects of taxation, say attorneys at McDermott.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

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