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Massachusetts

  • December 18, 2018

    DOJ Aims Torpedo At 11 FCA Kickback Suits

    In a striking development, the U.S. Department of Justice is seeking to terminate 11 False Claims Act cases involving a new theory that patient assistance services supplied by drugmakers are unlawful kickbacks.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    Gov't Defends Census Citizenship Question Before High Court

    The Department of Commerce on Monday told the U.S. Supreme Court that a lower court had improperly challenged an agency action by ordering extra-record discovery, including the deposition of Commerce Secretary Wilbur Ross, in a suit over the inclusion of a question about citizenship status on the 2020 census.

  • December 18, 2018

    Sen. Warren Wants HHS To Make, Sell Generic Drugs

    U.S. Sen. Elizabeth Warren, D-Mass., on Tuesday introduced a bill that would allow the U.S. Department of Health and Human Services to make and sell some generic drugs, particularly insulin, in the hopes of making them affordable for consumers.

  • December 18, 2018

    3 Firms Steer Centerbridge's $1.4B Civitas Solutions Buy

    Investment firm Centerbridge Partners will snap up Massachusetts-based Civitas Solutions in a $1.4 billion deal led by Goodwin Procter LLP, Simpson Thacher & Bartlett LLP and Kirkland & Ellis LLP, following a strategic review of the health and human services company.

  • December 18, 2018

    Arent Fox Merging With Boston's Posternak Blankstein In 2019

    Arent Fox LLP will expand into the Boston legal market in 2019, announcing Tuesday it will merge with Hub-based Posternak Blankstein & Lund LLP effective New Year’s Day.

  • December 18, 2018

    States Plan Regional Pact To Slash Transportation Emissions

    Nine eastern U.S. states and the District of Columbia on Tuesday announced plans to develop a regional cap-and-invest system aimed at slashing carbon emissions from the transportation sector, echoing the Regional Greenhouse Gas Initiative that uses cap-and-trade to reduce carbon emissions from power plants.

  • December 18, 2018

    Harvard Prof Wants Boston Pentagon Paper Records Released

    A Harvard University professor on Monday asked a federal judge to authorize the release of records from two Boston grand jury investigations into the leaks of the Pentagon Papers in 1971, saying they would fill an important historical gap and contribute to conversations about national security and freedom of the press.

  • December 18, 2018

    Buyers Sue Over Trader Joe's Sugar-Sweetened Honey Cereal

    Trader Joe’s Co. was hit with a putative class action by a Massachusetts woman seeking to represent millions who claim they paid a premium to buy the store’s Honey Nut O’s cereal only to find that sugar, not honey, is the primary sweetener, according to a complaint filed Tuesday.

  • December 18, 2018

    Cooley Adds Financial Regulation Atty To Boston Office

    A former partner at White & Case LLP with experience representing financial institutions and helping them navigate regulatory hurdles has joined Cooley LLP’s financial services regulatory practice as a partner in its Boston office.

  • December 18, 2018

    Both Sides In Insys Case Violated Media Rules, Judge Says

    A Boston federal judge issued a stern warning to lawyers on both sides of the Insys Therapeutics opioid kickback case on Monday, saying the U.S. Attorney's Office for Massachusetts and a defense attorney for Insys founder John Kapoor have each run afoul of court rules about talking to the media.

  • December 17, 2018

    Starion Loses Bid To Bar Mass. AG's $30M Fund Attachment

    Bankrupt electricity retailer Starion Energy Inc. lost its bid for a Chapter 11 injunction against the Commonwealth of Massachusetts Monday after a Delaware judge said the debtor was not in danger of suffering irreparable harm if the state’s attachment of $30 million owed to Starion were allowed to stand.

  • December 17, 2018

    Elder Gaffey CPA Denies Panama Papers Fraud, Tax Charges

    An Elder Gaffey & Paine PC accountant charged with tax evasion, fraud and money laundering in connection with the leak of documents from the Mossack Fonseca law firm referred to as the Panama Papers pled not guilty in Manhattan federal court on Monday.

  • December 17, 2018

    Stock Fraudster Finally Appears In Court After 5 No-Shows

    A man who pled guilty to a $1.6 million fraud scheme and then failed to show up five times for sentencing finally appeared in Boston federal court Monday, albeit in handcuffs and an orange jumpsuit after he was arrested in North Carolina last month.

  • December 17, 2018

    Records In OxyContin Suit Are Public, Ky. Appeals Court Says

    The Boston Globe's health care publication STAT is entitled to access certain sealed documents leading up to Kentucky's $24 million settlement with Purdue Pharma LP over OxyContin's role in the opioid crisis, a Kentucky appeals court has affirmed.

  • December 17, 2018

    Faxes Requesting Top Doctors' Details Aren't Ads, FCC Told

    A medical benefits company that publishes listings of top-ranked doctors urged the Federal Communications Commission to rule that its faxed requests for doctors’ contact details aren’t advertisements, hoping to quash a proposed class action alleging the unsolicited faxes violate federal law.

  • December 17, 2018

    Boston Firm Dodges Chobani Consulting Fee Suit

    The Boston-based Sassoon & Cymrot LLP has shaken all claims in a suit in New York federal court brought by the former boyfriend of the ex-wife of Chobani's founder, who accused the firm of cutting him out of a consulting fee in her case over ownership of the yogurt company.

  • December 17, 2018

    Apparel Retailer J. Jill Says Investor Suit Lacks Substance

    Investors have no grounds to bring three consolidated suits against women's apparel company J. Jill, the retailer argued Monday in Boston federal court, suggesting they were reading too much into a conference call statement by the company's chief financial officer in an attempt to say he failed to disclose warning signs of a downturn after an initial public offering.

  • December 17, 2018

    GE Must Face Bulk Of ERISA Suit

    A Massachusetts federal judge cut one claim from a proposed class action alleging that General Electric Co. wrongly invested its retirement plan participants' savings in subpar affiliated funds, but allowed the rest of the Employee Retirement Income Security Act suit to go forward.

  • December 17, 2018

    The Biggest Noncompete Developments Of 2018

    This year saw courts continue to look skeptically on broad noncompete agreements, while Massachusetts passed first-of-its-kind legislation limiting what businesses can block their ex-workers from doing. Here, Law360 looks at four developments from 2018 that lawyers who handle restrictive covenants need to know about.

Expert Analysis

  • The State Of Pharma Class Certification After Asacol

    Aaron Yeater

    The First Circuit's recent decision in the matter of the Asacol Antitrust Litigation may prove to be a watershed in pharmaceutical antitrust litigation, offering some precision in interpreting the burden of class certification and making clear what defendants must establish, say experts at Analysis Group Inc.

  • Opinion

    State AGs Can Lead The Fight For Online Privacy Protection

    James Steyer

    The record $5 million settlement between Oath and the New York attorney general's office this month is more than just a win for children illegally targeted by advertising — it demonstrates how the government can protect our privacy and safety online, says James Steyer, a civil rights attorney and founder of Common Sense Media.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.