Massachusetts

  • February 02, 2024

    New England Patriots App Harvests Users' Data, Suit Claims

    A Massachusetts man has hit the New England Patriots with a proposed class action alleging the team's app surreptitiously tracks and shares users' personal information, including location data accurate to within 40 feet, in violation of federal video privacy laws.

  • February 02, 2024

    New Fanatics Exec Sues To Block DraftKings Noncompetes

    A DraftKings executive who left to accept a position at rival Fanatics has sued his former employer, claiming his noncompete agreements contain provisions that are illegal and unenforceable.

  • February 02, 2024

    UK Regulator Examining Thermo Fisher's $3.1B Olink Buy

    The U.K.'s Competition and Markets Authority said Friday that it is looking into American biotechnology company Thermo Fisher Scientific's planned $3.1 billion purchase of Swedish biotech business Olink to determine whether it will result in reduced competition.

  • February 02, 2024

    Mass. Justices Affirm Time Limits In Trials, For Some Cases

    Massachusetts' highest court ruled Friday that trial judges may consider flexible time limits for the presentation of evidence and arguments, but only after what it characterized as an "informed analysis" of the specifics of the case, with input from the parties.

  • February 02, 2024

    2 Biotech Firms Tap Thawing IPO Market To Raise $239M Total

    Shares of drug developers Fractyl Health Inc. and Alto Neuroscience Inc. began trading with mixed results on Friday after the life sciences startups raised nearly $239 million combined in initial public offerings, guided by three law firms.

  • February 01, 2024

    DOJ Tells 1st Circ. Not To 'Rush' JetBlue, Spirit's Appeal

    The U.S. Department of Justice pushed back Wednesday on JetBlue and Spirit Airlines' bid for the expedited treatment of an appeal that seeks to preserve their $3.8 billion merger after it was blocked by a Massachusetts federal court, telling the First Circuit it has no obligation to meet the airlines' "self-imposed deadline."

  • February 01, 2024

    Warren Slams Prison Health Co.'s Revised Ch. 11 Plan

    Sen. Elizabeth Warren is urging the U.S. Trustee's Office to oppose a revised bankruptcy plan filed by a prison healthcare provider, saying it includes nonconsensual nondebtor releases and offers insufficient recovery for prisoners who sued the contractor alleging it harmed them. 

  • February 01, 2024

    Keller Williams OKs $70M Deal To Exit Broker Commission Suit

    The home-sellers who alleged the National Association of Realtors and several brokerages artificially increased costs by requiring them to pay buyer-brokers' commissions said Thursday that Keller Williams Realty has agreed to a $70 million settlement.

  • February 01, 2024

    5 Mass. Rulings You Might Have Missed In January

    Massachusetts justices in Suffolk County's Business Litigation Session weighed in on the impact of a major ruling involving Robinhood Financial, a proposed class action on overdraft fees charged by a credit union, and two pandemic-related cases. Here are five January decisions that might have flown under the radar.

  • February 01, 2024

    IRS Violated Rights In Coinbase Doc Seizure, 1st Circ. Told

    The IRS violated an investor's property rights when it seized his financial records from the cryptocurrency exchange Coinbase, he told the First Circuit on Thursday, saying the government defended the violation by wrongly focusing on what it claims are the investor's lack of privacy protections.

  • February 01, 2024

    UFCW Backs Injunction Bid In Pot Co. Union Fight

    A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.

  • February 01, 2024

    Spinal Implant Maker Eyes Ch. 11 Wind-Down In Del.

    Biotechnology firm InVivo Therapeutics Corp. petitioned for Chapter 11 protection in Delaware's bankruptcy court Thursday, saying it intends to wind down after abandoning the development of its primary product, an implant to treat spinal cord injuries.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    Atty Reprises Entrapment Claim As Pot Bribe Sentence Looms

    A lawyer convicted of bribing a Massachusetts police chief working on local marijuana licensing approvals asked a Boston federal judge Thursday for a sentence of no more than a year and a day in prison, citing his "imperfect entrapment" defense and insisting that the conduct was permissible lobbying. 

  • February 01, 2024

    Ex-Boston Globe Exec Loses Wage Claim In Suit Over Ouster

    A Massachusetts judge has trimmed a former Boston Globe executive's suit over his ouster, tossing a claim under the state's Wage Act after finding that an annual incentive payment based on a percentage of the newspaper's profits is not a commission subject to the law.

  • January 31, 2024

    DraftKings Hacker Sentenced To 1½ Years In Prison

    A Manhattan federal judge hit a 19-year-old man with a year-and-a-half-long prison sentence Wednesday for hacking DraftKings user accounts in a cyberattack that ultimately cost the sports-betting site more than $1 million, calling the case a "tragedy."

  • January 31, 2024

    Carbonite Inks $27.5M Deal To End Stock-Drop Investor Suit

    Data backup provider Carbonite Inc. has agreed to pay $27.5 million to a certified class of investors alleging the company overhyped a product that was later pulled from the market, according to a motion to approve the deal filed in Massachusetts federal court on Wednesday.

  • January 31, 2024

    Solar CEO Says Feds Skimped On Offshore Wind Farm Review

    A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.

  • January 31, 2024

    Boston Seeks Pretrial Win In Fired Top Cop's Defamation Suit

    The city of Boston sought a pretrial win Wednesday in a suit brought by its fired former police commissioner, arguing that he was afforded every chance to clear his name publicly in the face of domestic violence allegations that preceded his dismissal.

  • January 31, 2024

    Architect Says Steward Owes $2M For Work On Mass. Hospital

    Financially troubled Steward Health Care and its landlord owe nearly $2 million for architectural and other professional services on a project to replace one of its Massachusetts hospitals after a 2020 flood, according to a lawsuit filed in state court.

  • January 31, 2024

    Hub Hires: Quinn Emanuel, ArentFox, Verrill, The SJC

    Boston firms hit the ground running in 2024 with numerous additions in a wide array of practice areas. Quinn Emanuel added a lawyer with decades of experience in the technology industry, ArentFox snagged a former Troutman managing partner, and the state's newest top court justice officially started her new gig.

  • January 31, 2024

    Widow Of Nelson Mullins Partner Says Firm Owes $2M

    The widow of a Nelson Mullins Riley & Scarborough LLP partner who died last year of brain cancer says the firm has refused to pay an estimated $2 million in compensation and a bonus for his final year of work there, according to a complaint filed Wednesday in Massachusetts state court.

  • January 31, 2024

    Errors Tank $10K Sanction In Deutsche Bank Foreclosure Row

    The First Circuit vacated $10,000 in sanctions against a Massachusetts attorney who sued Deutsche Bank and its outside counsel over the foreclosure of his home, finding that the sum was only won thanks to a "string of procedural errors."

  • January 31, 2024

    Mass. Eateries Blocked From Interfering In DOL Probes

    A Massachusetts federal court issued an order Wednesday restraining a pair of jointly operated restaurants from retaliating against workers looking to assert their Fair Labor Standards Acts rights to representatives of the U.S. Department of Labor.

  • January 31, 2024

    PGA Tour Gains US Partners As Saudi Talks Drag On

    The PGA Tour has partnered with a group of investors that includes several owners of U.S. pro sports franchises in a deal worth up to $3 billion, an agreement reached while negotiations continue to complete its proposed merger with the Saudi-based investment fund that owns rival LIV Golf.

Expert Analysis

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What Cos. Should Know About FTC's Proposed Junk Fee Rule

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    The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Cos. Must Address Growing Chatbot Class Action Risk

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    Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.

  • California's Offshore Turbine Plans Face Stiff Headwinds

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    To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

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