Massachusetts

  • February 07, 2024

    Pfizer, Moderna Spar Over Trial Date In COVID Vaccine IP Case

    Moderna and Pfizer are battling over setting a trial date in a dispute in Massachusetts federal court over COVID-19 vaccine patent infringement claims, with Pfizer looking to schedule a trial after summary judgment motions are decided, while Moderna is arguing a firm trial date is needed now and should be set for this fall.

  • February 07, 2024

    Mass. Atty Gets 2 Years For 'Corruptly' Pushing Pot Bribe Plot

    A former Massachusetts attorney "violated his oath corruptly" by bribing a police chief with payments to his brother to win a local marijuana license for a client, a federal judge said Wednesday as he handed down a two-year prison term.

  • February 07, 2024

    Mass. Residents Want High Court To Undo Tribe's Land Grant

    A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.

  • February 07, 2024

    Man Pleads Guilty In Journalist Harassment Case

    A man who was accused of participating in a vandalism scheme targeting two New Hampshire Public Radio journalists has reached a plea agreement, according to a filing Tuesday in Boston federal court.

  • February 07, 2024

    Mass. Attys Shrug Off 'Brilliant' Top Court Pick's Ties To Gov.

    Massachusetts Gov. Maura Healey's selection Wednesday of a former romantic partner to fill a vacancy on the state's highest court didn't raise eyebrows among prominent Bay State attorneys, who touted Appeals Court Justice Gabrielle R. Wolohojian's "impeccable" resume on the bench and in BigLaw.

  • February 06, 2024

    1st Circ. Appears Unlikely To Deflate Balloon Fraud Verdict

    A defunct Massachusetts air balloon company on Tuesday struggled to persuade the First Circuit to throw out a fraud verdict by arguing that the jury had "rubber-stamped" a judge's damages estimate.

  • February 06, 2024

    DC Circ. Unsure FERC Can't Order NextEra To Cover Plant Costs

    NextEra Energy's request to be made whole for upgrades to its New Hampshire nuclear power plant's circuit breaker seemed to get a frosty reception from the D.C. Circuit during oral arguments Tuesday.

  • February 06, 2024

    Concert Organizer Sues HK Pop Star Over Nixed US Tour

    A popular entertainer from Hong Kong whose first North American tour was abruptly canceled last month is now facing a defamation and breach of contract lawsuit brought by a Boston-based events management company seeking more than $11 million in damages.

  • February 06, 2024

    DraftKings Exec's Defection Timed With Super Bowl, Suit Says

    DraftKings has countersued one of its former executives who is trying to escape noncompete agreements, saying he hatched a deceitful plot to leave the company so he could help its rival Fanatics cash in on the Super Bowl.

  • February 06, 2024

    Harvard Entitled To Withhold Diploma Amid Probe, Judge Says

    A Boston federal judge ruled Tuesday that Harvard University didn't violate its agreement with a former student when it withheld his degree as classmates leveled sexual misconduct accusations against him.

  • February 06, 2024

    Davis Malm Guides Clean Harbors On $400M Hepaco Buy

    Davis Malm & D'Agostine PC-advised Clean Harbors Inc. said Tuesday it has struck an agreement with private equity firm Gryphon Investors to acquire its majority-owned portfolio company Hepaco, a provider of environmental and emergency response services, for $400 million in cash.

  • February 06, 2024

    Former TV Exec Wants 'Varsity Blues' Plea Canceled

    A former television executive who pled guilty to a conspiracy charge in the "Varsity Blues" college admissions case asked a federal judge Monday to vacate her guilty plea, arguing that a recent U.S. Supreme Court ruling "knocks the legs out from under" her conviction.

  • February 06, 2024

    1st Circ. Not Eager To Unwind Colleges' COVID-19 Immunity

    The First Circuit appeared skeptical Tuesday of an effort to invalidate a new Massachusetts law that blocks suits by college students seeking refunds for tuition paid when schools transitioned to online learning during the beginning months of the pandemic.

  • February 05, 2024

    Psychedelics Bill Roundup: Mass. Proposal Enters Legislature

    A citizen-led effort to legalize personal use and possession of natural psychedelics in Massachusetts entered the state Legislature this week, a Hawaii bill to regulate therapeutic use of psilocybin is scheduled for its first hearing, and Indiana lawmakers advanced a bill to fund research into psilocybin treatment. Here are the major developments in psychedelic legislation from the past week.

  • February 05, 2024

    Ex-DraftKings VP Gets Noncompete Suit Back Into State Court

    A former DraftKings executive who is fighting noncompete agreements the company is trying to enforce after he left for its rival Fanatics can take his lawsuit back to state court, a California federal judge ruled Monday.

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    Subscriber Accuses FuboTV Of Illegally Sharing Viewer Data

    FuboTV Inc. is facing a new proposed class action in New York federal court, with a subscriber alleging that the company illegally shares viewing records and personally identifiable information with third parties in violation of the Video Privacy Protection Act.

  • February 05, 2024

    1st. Circ. 'Concerned' With Crypto Founder's Trial Roadblocks

    A First Circuit judge suggested on Monday that a trial judge may have "short-circuited" a cryptocurrency founder's defense against fraud charges by blocking testimony from two government case agents and a U.S. Commodity Futures Trading Commission attorney.

  • February 05, 2024

    Mass. Justices Wary Of Loosening Bail Rules In Rape Cases

    Massachusetts' highest court on Monday appeared inclined to rule that a state law allowing judges to detain some defendants without bail should apply in rape cases even when force is not a specific element of the alleged crime.

  • February 05, 2024

    Teva Asks Fed. Circ. To Examine $177M Verdict Reversal

    Teva Pharmaceuticals has urged the Federal Circuit to reverse a Massachusetts federal judge's decision to toss out a $176.5 million migraine drug patent infringement verdict in its favor against Eli Lilly & Co., arguing that the judge's decision was based on "serious legal errors."

  • February 05, 2024

    Spinal Implant Maker Previews Ch. 11 Sale And Wind Down

    Bankrupt biotechnology developer InVivo Therapeutics Corp. will auction its assets and hopefully propose a Chapter 11 wind down plan in April, attorneys told a Delaware bankruptcy court Monday at a first day hearing.

  • February 05, 2024

    Kirkland Guides Thoma Bravo On $1.5B Everbridge Buy

    Kirkland & Ellis LLP-led Thoma Bravo has agreed to purchase Everbridge, represented by Cooley LLP, in a take-private deal that values the critical event management software company at approximately $1.5 billion, the companies said Monday.

  • February 02, 2024

    1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal

    JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.

  • February 02, 2024

    Med Biller Who Posed As NBA Star, NFL Atty Gets 12 Years

    A Long Island medical biller was sentenced to 12 years in prison Friday after being convicted of bilking over $600 million from insurance companies through fraudulent billing submissions and impersonating NBA star Marcus Smart and the NFL's general counsel.

  • February 02, 2024

    Attorneys Want $21.5M In GE Retirement Funds Suit

    Attorneys representing current and former workers who reached a $61 million settlement in their lawsuit accusing General Electric of mismanaging their retirement savings asked a Massachusetts federal court to greenlight their request for $21.5 million in fees and expenses, citing their commitment to six years' worth of litigation.

Expert Analysis

  • 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.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

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