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  • August 21, 2018

    Mass. DEP’s Denial Of Harbor Project Upheld On Appeal

    The Massachusetts Appeals Court on Tuesday said the state Department of Environmental Protection was within its rights to deny a license amendment proposal for the development of a harbor based on a wide-ranging review, saying the agency was under no obligation to perform the more limited review requested by the developer.

  • August 21, 2018

    Novartis Beats Gleevec Monopolization Suit At 1st Circ.

    The First Circuit on Tuesday granted Novartis' bid to dismiss an antitrust suit alleging it used sham litigation to extend a monopoly over the leukemia drug Gleevec, finding that a group of buyers failed to show the pharma giant had no chance of winning its case.

  • August 21, 2018

    17 AGs Say HUD Shouldn't Change Disparate Impact Rule

    A coalition of state attorneys general has urged the U.S. Department of Housing and Urban Development to leave alone its Obama-era rule on disparate impact liability under the Fair Housing Act, saying it’s already consistent with U.S. Supreme Court precedent.

  • August 21, 2018

    1st Circ. Shuts Down Bid To Revive Boston Band TM Row

    The First Circuit on Tuesday shut down attempts by the founder of the classic rock band Boston and a former guitarist for the band  to revive their battling claims in a trademark infringement dispute over use of the band's name, denying the appeals of both rockers.

  • August 21, 2018

    Feds Ordered To Hand Over Insys Docs From 10 Agencies

    A Massachusetts magistrate judge ordered federal prosecutors in Boston on Tuesday to hand over any documents from 10 federal agencies' investigations of opioid manufacturer Insys Therapeutics Inc. that could potentially help the company's former executives fight racketeering and fraud charges.

  • August 21, 2018

    Ex-Lehman Worker's Retaliation Suit 1 Day Late: 1st Circ.

    The First Circuit on Monday agreed to dismiss a tardy retaliation lawsuit filed against Lehman Brothers Inc. by a communications specialist who claimed she was fired in 2008 from the company's former Neuberger Berman unit for reporting that the subsidiary was falsifying information ahead of its bankruptcy.

  • August 21, 2018

    Ex-Marketing Co. Execs End SEC Row Over Metrics For $1.4M

    Two former Endurance International Group Holdings Inc. executives cut a roughly $1.4 million deal with the U.S. Securities and Exchange Commission on Tuesday to resolve allegations they overstated the Massachusetts-based online marketing company's subscriber base by over 424,000 subscriptions in its public filings.

  • August 20, 2018

    Court Finds Hospital Worker Didn't Follow Steps In Wage Row

    The Massachusetts Appeals Court affirmed the dismissal of a state employee's wage suit against Lemuel Shattuck Hospital, agreeing Monday with a lower court's finding that she failed to exhaust the grievance process and lacked authority to file her overtime nonpayment claims under state law.

  • August 20, 2018

    Contractor Made New Company To Duck Pension, Union Says

    A New England masonry union on Monday sued a Massachusetts contractor who allegedly founded a company in an attempt to thwart overdue retirement contributions and continue stonework on old buildings north of Boston, including restoration at the Salem Witch Museum.

  • August 20, 2018

    SEC Ends Bribery Probe Into Chinese Vaccine Co.

    The U.S. Securities and Exchange Commission has dropped its investigation into potential violations of the Foreign Corrupt Practices Act by Chinese vaccine maker Sinovac Biotech Ltd., the company announced on Monday.

  • August 20, 2018

    Insys Execs Say Expert Witness Switched Sides

    The founder and former top executives at opioid manufacturer Insys Therapeutics Inc. told a Massachusetts federal judge Monday that they were double-crossed by a doctor who plans to testify against them in the government’s racketeering case in an alleged scheme to bribe doctors to prescribe a fentanyl spray.

  • August 20, 2018

    W&T Offshore Raises $361M For Gulf Of Mexico Projects

    Oil and gas company W&T Offshore Inc. said Monday it has raised $361 million in equity capital from a group of investors led by Boston-based HarbourVest Partners LLC to develop up to 14 drilling projects in the Gulf of Mexico.

  • August 20, 2018

    ICE May Have Duty To Consider Married Immigrants' Status

    A Massachusetts federal judge on Monday suggested U.S. Immigration and Customs Enforcement has a duty to consider whether an undocumented immigrant married to a citizen has begun obtaining legal status before removing them, and said the Homeland Security secretary could be held in contempt if the agency violates a proposed injunction barring their removal.

  • August 20, 2018

    California Diaper Co. Can't Dodge Massachusetts FCA Suit

    The largest supplier of adult diapers and other incontinence products to patients covered by California’s Medicaid program cannot prevail over a False Claims Act case just because the company settled similar allegations years ago, a Massachusetts federal judge has ruled.

  • August 17, 2018

    Mining Exec Defaults In Oman's Suit Over $5.6M Award

    A Massachusetts federal court has told the owner of a U.S. mining company he has defaulted for failure to defend himself in a suit alleging he failed to pay any part of a $5.6 million arbitration award issued to the Sultanate of Oman in a limestone mining dispute. 

  • August 17, 2018

    Don't Send CFPB Queries To OMB, Mulvaney Tells Dems

    Consumer Financial Protection Bureau acting Director Mick Mulvaney has replied to a letter from Senate Democrats asking about his decision earlier this year to dissolve the agency’s Consumer Advisory Board, saying he can’t answer their inquiry because it was addressed to him at his other job at the Office of Management and Budget.

  • August 17, 2018

    GE Must Face Retirement Plan Participants' Fiduciary Claims

    General Electric Co. will have to face allegations in Boston that it made inefficient and self-serving investments on behalf of some 240,000 employees participating in a company 401(k) retirement plan, a Massachusetts federal judge ruled on Friday.

  • August 17, 2018

    NY, Others 'Stand Ready' To Fight Over Scientific Study Rule

    A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    Scottrade To Face Mass. Securities Watchdog In State Court

    A Massachusetts federal judge said Thursday that the state securities division’s administrative complaint alleging Scottrade Inc. flouted its own internal impartial standard conduct should not have been removed to federal court, remanding the action to a state administrative court.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP