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Massachusetts
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May 06, 2024
Biotech Co. Wants To Appeal Red Cross Antitrust Immunity
A biotech company has told a Massachusetts federal court that giving the American Red Cross immunity from claims that it smothered competition in the platelet bacteria mitigation market is unprecedented and leaves the organization free to fix prices or buy up its competitors.
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May 06, 2024
Mass General Eyes Retirement Plan Fee Suit Settlement
The Mass General healthcare system in Boston and a proposed class of its workers are in the process of negotiating an agreement to resolve the employees' claims that they were charged excessive administrative fees for their retirement plan, the parties told a Massachusetts federal court.
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May 06, 2024
Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions
Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.
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May 06, 2024
Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.
The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.
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May 06, 2024
Mintz Adds Proskauer Life Sciences IP Litigation Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has brought on a life sciences patent litigation team of roughly a dozen attorneys from Proskauer Rose LLP in Los Angeles, Boston and New York led by the former chair of Proskauer's life sciences patent practice, the firm announced Monday.
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May 06, 2024
Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans
Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.
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May 06, 2024
Hospital Chain Steward Health Hits Ch. 11 With Over $1B Debt
Embattled hospital operator Steward Health Care filed for Chapter 11 protection Monday in a Texas bankruptcy court with more than $1 billion in debt, blaming rising costs and falling government reimbursement rates.
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May 03, 2024
How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'
Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.
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May 03, 2024
Mass. Quarry Resolves AG's River Pollution Claims
A lime quarry in western Massachusetts on Friday struck a $299,000 settlement with the state attorney general over wastewater discharges that allegedly turned the Hoosic River an eerie, cloudy white from bank to bank for 13 miles.
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May 03, 2024
Off The Bench: DraftKings, FIFA Warning, Charity Turmoil
In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S., FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks.
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May 03, 2024
Graham Blasts Mass. Judge Nom For 'Radical' Policing Letter
Sen. Lindsey Graham, R-S.C., the top Republican on the Senate Judiciary Committee, blasted a Massachusetts judicial nominee on Friday for failing to disclose prior to his nomination hearing that his name appears on the letterhead of a 2020 public statement issued in the wake of protests following the murder of George Floyd by police.
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May 03, 2024
Ex-Defender Can't Make Feds Release Harassment Reports
A North Carolina federal court rejected a former assistant federal defender's bid to have the federal government release certain #MeToo evidence following a trial over her claims of a botched sexual harassment probe, saying she was "woefully late" in deciding to challenge its confidentiality status.
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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.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Cannabis Ruling Lights Path For Bankruptcy Protection
A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach
The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.