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Massachusetts
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May 02, 2024
Patent Board Rulings Send $3.3M Judgment Up In Flames
The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating three networking patents that NetScout had been found to infringe, and then held that the holding wipes out a $3.3 million judgment against the company, because it was not yet final.
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May 02, 2024
House Seeks FTC Info On Scuttled Amazon-IRobot Deal
The Republican-controlled House Committee on Oversight and Accountability is launching an investigation into the Federal Trade Commission's purported efforts to block Amazon's purchase of iRobot, according to a Wednesday letter from Rep. James Comer, R-Ky.
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May 02, 2024
Immigrant Bond Co. Buyer Wants In On $811M Fine Appeal
Libre Immigration Services has moved to intervene at the Fourth Circuit to fight an $811 million judgment against companies it recently acquired that the Consumer Financial Protection Bureau sued over abusive immigrant bonding practices.
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May 02, 2024
Mass. Property Is Agricultural, Appellate Board Says
A 14-acre property should be classified as agricultural, as the owner proved the land's main use was farming, the Massachusetts Appellate Tax Board said in a ruling released Thursday.
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May 02, 2024
Recent BigLaw Moves Show Boston Is 'Clearly On The Map'
Three BigLaw firms' recent moves to build out physical footprints in Boston are a testament to the region's thriving technology, healthcare, life sciences and finance industries — a trend that shows no signs of slowing down, experts say.
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May 02, 2024
Freshfields-Led Novartis Inks $1.75B Cancer Drug Co. Buyout
Novartis AG said Thursday it has agreed to buy U.S. radiopharmaceutical company Mariana Oncology in a transaction worth up to $1.75 billion, as the Swiss pharmaceutical giant moves to bolster its precision nuclear medicine portfolio.
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May 02, 2024
Chiropractor Gets 6 Mos. For Defrauding NBA With 'Big Baby'
A Manhattan federal judge sentenced an Atlanta chiropractor Thursday to six months in prison for going along with former Boston Celtics forward Glen "Big Baby" Davis' fraudulent plan to bill the NBA for $112,000 of services that were never performed.
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May 02, 2024
Sidley PE Atty Tapped To Lead Paul Hastings' Boston Office
Paul Hastings LLP announced Thursday that it has added a former Sidley Austin LLP partner to its growing private equity team who will serve as chair of the firm's new Boston office.
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May 01, 2024
'Shark Tank'-Backed Card Maker Greets Rival With IP Suit
A greeting card company that was backed by an investor on the TV show "Shark Tank" hit a competitor with a federal suit alleging it copied card designs and violated several patents.
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May 01, 2024
53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force
The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.
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May 01, 2024
Holland & Knight Hires Ex-Choate Healthcare Chair In Boston
Concentrating her practice more on representing healthcare providers spurred the former co-chair of Choate Hall & Stewart LLP's healthcare group to move her practice to Holland & Knight LLP's Boston office.
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May 01, 2024
Skadden Atty To Join Simpson Thacher's New Boston Office
Simpson Thacher & Bartlett LLP announced Wednesday it will open an office in Boston later this year with the help of a new registered funds partner who recently left Skadden's investment management group.
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May 01, 2024
DLA Piper Adds Ex-Sidley Atty To New Funds Team
DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.
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May 01, 2024
Overtime Theft Scheme Earns Ex-Mass. Trooper 3 Years
The former second-in-command of a Massachusetts state police traffic safety unit was sentenced to three years in prison for his role in a widespread conspiracy to steal federally funded overtime through no-work shifts.
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May 01, 2024
Hub Hires: Goodwin, Nixon Peabody, DraftKings
The season of legal industry hiring has sprung in Boston, with three BigLaw firms recently launching new offices in the city, including one seeded by a major 25-attorney move across Beantown.
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April 30, 2024
Blank Rome Opens Boston Office With New 25-Atty Team
Blank Rome LLP said Wednesday that it has opened a Boston office with 25 corporate and finance attorneys from Burns & Levinson LLP, including 13 partners.
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April 30, 2024
Sen. Warren Probes Annuity Cos. Over Use Of 'Secret' Perks
Large annuity providers are using lavish vacations and other kickbacks to drive sales that disadvantage consumers, Sen. Elizabeth Warren, D-Mass., said Tuesday, demanding information from more than a dozen companies on the heels of a new Labor Department rule aiming to ramp up scrutiny on financial advisers.
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April 30, 2024
1st Circ. Says Flyers' JetBlue-Spirit Deal Challenge Moot
The First Circuit has tossed an appeal brought by airline customers who had challenged a since-abandoned merger between JetBlue Airways Corp. and Spirit Airlines in light of the government's successful antitrust intervention.
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April 30, 2024
Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.
A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.
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April 30, 2024
Ex-DraftKings Exec Blocked From US Role At Rival Fanatics
A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.
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April 30, 2024
Ex-Mass. Pol Can't Sink Fraud Case With 'Imaginative' Attacks
A Boston federal judge on Tuesday rejected what he called an "imaginative and novel" effort by a former Massachusetts politician to dismiss charges of lying to get COVID-19 relief funds and underreporting income on his taxes.
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April 29, 2024
1st Circ. Slashes Atty's Convictions In Email Fraud Case
An Illinois lawyer convicted of receiving proceeds from a business email compromise scheme had three of six counts vacated Monday by the First Circuit, which ruled that Massachusetts wasn't the right venue for those charges.
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April 29, 2024
UnitedHealth's Cyberattack Response Is 'Inadequate,' AGs Say
Nearly two dozen state attorneys general urged UnitedHealth Group and its subsidiary Change Healthcare "to do more" to address the fallout from a February cyberattack by Russian ransomware group Blackcat that breached their systems and services, noting their response efforts to the outage "have been inadequate."
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
No Need To Delay $811M Immigrant Bond Co. Fine, CFPB Says
The Consumer Financial Protection Bureau told a Virginia federal judge that there is no need to hold off fining a bonding company $811 million for predatory bonding practices, saying the company's fear of collapse is mooted by a recent sale.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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Series
Children's Book Writing Makes Me A Better Lawyer
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.
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Benefits Limitations Period Ruling Carries ERISA Implications
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.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
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.
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Lessons From This Year's Landmark Green Energy IP Clash
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.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
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.
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Series
Performing Music Makes Me A Better Lawyer
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.
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Expect CFPB Flex Over Large Nonbank Payment Cos.
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.
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Breaking Down High Court's New Code Of Conduct
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.
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Rockport Ch. 11 Highlights Global Settlement Considerations
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.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
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.
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'Manufacturing' Amid Mass. Adoption Of Single-Sales Factor
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.