Massachusetts

  • January 22, 2024

    1st Circ. Revives Mexico's Suit Against US Gun Cos.

    The First Circuit on Monday revived a suit by Mexico seeking to hold Smith & Wesson and other gunmakers responsible for thousands of weapons trafficked south of the border, finding that an exception to the broad protections enjoyed by gun manufacturers allows the suit to proceed.

  • January 22, 2024

    Mass. Voters To Appeal Loss In Trump Ballot Challenge

    Voters trying to disqualify Donald Trump from the Massachusetts ballot for his role in the Jan 6. Capitol riot pledged Monday to appeal to the state's highest court an administrative panel's decision finding it lacked jurisdiction to consider the challenge. 

  • January 22, 2024

    Medical Practice Execs Call Health Co. Suit 'Vendetta'

    Three former executives of a bankrupt Massachusetts medical practice told a judge on Monday that financially troubled Steward Medical Group's efforts to put them on the hook for a $16 million jury award are nothing more than a "personal vendetta" based on "rank speculation" and baseless accusations.

  • January 22, 2024

    Moderna Wants UPenn Biochemist's Emails In Vax IP Dispute

    Moderna has asked a federal judge to order a University of Pennsylvania biochemist to turn over a set of emails and documents that could be relevant to an underlying COVID vaccine-related patent dispute with rival biotech giants Pfizer and BioNTech.

  • January 22, 2024

    NFL Coaches Push 2nd Circ. To Deny Attempt To Toss Appeal

    Former Miami Dolphins head coach Brian Flores and his co-plaintiffs have argued before the Second Circuit that they are allowed to appeal a lower-court ruling compelling arbitration against the NFL in their racial discrimination lawsuit, contrary to the NFL's claim that they have no right to do so.

  • January 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, a dating app found a way to ease some relationship tension, burned up stockholders sued an energy giant, and a vice chancellor got some supreme validation for his dismissal of a shareholder suit against Snap Inc. and Fox Corp.

  • January 22, 2024

    Red Cross Has Antitrust Immunity, Judge Rules

    A Boston federal judge ruled that the American Red Cross is immune from antitrust claims because of its federal charter and public functions, largely dismissing a suit alleging the organization smothered competition in the platelet bacteria mitigation market.

  • January 22, 2024

    Boston Biopharma Co. Picks Industry Veteran As Next GC

    Biopharma company BPGbio Inc. announced Monday the appointment of a compliance specialist and former Cooley LLP associate as its new general counsel.

  • January 22, 2024

    Proskauer Securities Litigation Chair Elected Firm Leader

    Proskauer Rose LLP announced that it has chosen a partner who built the firm's renowned asset management litigation practice as its next chair.

  • January 22, 2024

    Feds, States To Split Argument Time For EPA Smog Plan

    The U.S. Supreme Court agreed on Monday to split the argument time in four related cases challenging whether the U.S. Environmental Protection Agency can implement a plan to reduce cross-state pollution, giving the U.S. solicitor general's office 20 minutes to argue on behalf of the EPA.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    JetBlue, Spirit To Take Block Of $3.8B Merger To 1st Circ.

    JetBlue and Spirit Airlines said Friday that they will appeal a Massachusetts federal judge's decision blocking their proposed $3.8 billion merger, an effort to preserve a deal that antitrust enforcers claimed would illegally stifle competition in the low-cost carrier market.

  • January 19, 2024

    Harvard Claims Immunity In Suits Over Alleged Morgue Sales

    Harvard University told a Massachusetts judge Friday that a state law shields it from a dozen lawsuits seeking to hold it liable for a medical school morgue manager's alleged scheme to sell body parts that were intended to advance science and train doctors.

  • January 19, 2024

    Mass. Tax Board Cuts Boston Condo Value By Half

    A Massachusetts tax board slashed the value of a Boston condominium unit by about 50% in an opinion released Friday, agreeing with the owner that comparable properties, including some superior to the unit, were assessed at lower values per square foot.

  • January 19, 2024

    Biotech Investor Sues In Del. For Info On 'Unfair' Repricing

    A stockholder of Adicet Bio Inc. sued the biotechnology company on Friday in Delaware's Court of Chancery, seeking to inspect the company's books and records for alleged "misconduct by insiders" in connection with the repricing of certain stock options.

  • January 19, 2024

    Trader May Avoid Prison In Analog Devices Insider Case

    A Massachusetts man who admitted to trading on insider information about an Analog Devices Inc. deal to buy a California semiconductor company is on track to avoid prison after federal prosecutors recommended Friday that he serve six months of home detention.

  • January 19, 2024

    Sotheby's Blames Luxury Tower Developer For Costly Typo

    The St. Regis condominium tower stands out on Boston's skyline thanks to its curved steel and glass facade meant to evoke a sail, but a local Sotheby's International Realty affiliate claims in a new suit that a hard-to-spot typo in a listing agreement cost it $400,000 in fees.

  • January 18, 2024

    Malpractice Case Is Too Old To Hold Up, IP Firm Says

    A Boston intellectual property law firm defending against claims of betraying a business partner-turned-legal rival of one of its clients says it never really represented the company now suing it, and any emails saying otherwise are too old to hold up in court anyway.

  • January 18, 2024

    Mass. Biz Groups Balk At Local Option Tax In Housing Bill

    Massachusetts business leaders spoke out Thursday against a provision in Democratic Gov. Maura Healey's housing bill that would allow local governments to enact real estate transfer taxes on high-value property sales to boost affordable housing.

  • January 18, 2024

    US Trustee Balks At Kidde-Fenwal Pick For Future Claims Rep

    The U.S. Trustee's Office asked a Delaware bankruptcy judge on Thursday to reject Kidde-Fenwal Inc.'s bid to appoint a representative for people who in the future claim they were injured by the company's use of firefighting foam containing so-called forever chemicals, saying the court should evaluate candidates instead of leaving it solely to the debtor.

  • January 18, 2024

    Kirkland Reps PE Firms On 2 Separate Funds Totaling $2.8B

    Middle-market private equity firms Bertram Capital Management LLC and Windjammer Capital Investors on Thursday separately announced the closing of new funds that total $2.8 billion, both guided by legal adviser Kirkland & Ellis LLP.

  • January 18, 2024

    20 Judicial Noms Advance To Full Senate After Heavy Debate

    Twenty of President Joe Biden's judicial nominations that were resubmitted to the Senate at the beginning of the year advanced out of committee Thursday, some with bipartisan support and others despite staunch Republican opposition — with particularly heavy debate on Third Circuit candidate Adeel Mangi.

  • January 18, 2024

    Physical Therapy Clinic Owner Convicted Of Billing Scheme

    The owner of a group of physical therapy clinics in the Boston area was convicted of fraud after federal prosecutors said he billed insurers more than $300,000 for treatments that were never provided, including ones he claimed for himself following several car accidents.

  • January 18, 2024

    Equinox Trainer Says He Was Fired Over Racism Complaint

    A Black personal trainer at an Equinox gym in Boston was subjected to "constant and pervasive" racism from co-workers and managers, then fired after he complained, according to a lawsuit filed Thursday in Massachusetts state court.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Upcoming High Court ADA Cases May Signal Return To Basics

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    Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • FTC's 'Made in USA' Enforcement Goes Beyond Labeling Rule

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    The Federal Trade Commission's recent enforcement action against a group of businesses for falsely claiming that clothing was made domestically demonstrates that even where the agency's "Made in USA" labeling rule is not violated, other kinds of improper claims about products' origins can get companies in trouble, say Wrede Smith and Kali Yallourakis at McGuireWoods.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Series

    In A 'Barbie' World: Questions On Kid Brands In Gambling Ads

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    A recent "Barbie" film marketing partnership with a casino raised some eyebrows as the iconic children's toy brand was being used to promote gambling in possible contravention of advertisement regulations for adult activities, but the campaign's particularities signal that the shtick may comport with responsible ad principles after all, says Abbey Block at Ifrah Law.

  • Cannabis Plain Packaging Rules: Examples And Opportunities

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    States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Opinion

    3 Principles Should Guide MTC's Digital Products Tax Work

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    As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

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