Massachusetts

  • October 16, 2017

    End-Payors, Direct Purchasers Get Cert. In Solodyn MDL

    End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.

  • October 16, 2017

    Celanese's $2.4M Coverage Award Nixed By Mass. Court

    A Massachusetts appeals court on Monday vacated a decision ordering OneBeacon to repay Celanese Corp. for about $2.4 million the chemical company had paid to defend asbestos and other personal injury claims, finding that Celanese lost its right to reimbursement when it refused to let the insurer take control of its defense.

  • October 16, 2017

    Gov't Scientists Tell Of Rare Outbreak As Trial Nears End

    Government scientists testifying in the final days of a murder trial for a former pharmacist at the center of a deadly meningitis outbreak on Monday described surprise at the extent of the fungal contamination and patients’ infections.

  • October 16, 2017

    15 AGs Say Transgender Military Ban Is 'Unconstitutional'

    A D.C. federal court should halt the Trump administration’s plan to reinstate an unconstitutional ban against transgender members of the military, as it would discriminate against capable recruits without providing any proven benefits to the armed forces, 15 state attorneys general argued Monday.

  • October 16, 2017

    Yahoo Can Disclose Deceased's Emails, Mass. Justices Say

    The Massachusetts Supreme Judicial Court held Monday that the Stored Communications Act allows Yahoo Inc. to disclose the contents of a deceased man’s email account to the personal representatives of his estate.

  • October 16, 2017

    FDA Finding Doesn't Absolve Forest Labs, Parents Say

    Parents who bought antidepressants for their children urged a Massachusetts federal court on Friday to keep alive multidistrict litigation alleging Forest Laboratories LLC fraudulently promoted Celexa and Lexapro to treat pediatric depression, saying the FDA's finding that one treatment study was promising doesn't rule out other, contradictory evidence.

  • October 16, 2017

    Fresenius Can't Duck FCA Claims Over Hepatitis B Tests

    Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.

  • October 16, 2017

    Janssen Defends Role As Sole Patent Owner In Remicade Suit

    Johnson & Johnson doesn’t need to be named as a party in patent infringement litigation regarding subsidiary Janssen Biotech Inc.’s blockbuster biologic Remicade, as Janssen has full patent ownership rights, the unit told a Massachusetts federal court Monday.

  • October 16, 2017

    PharMerica Says FCA Whistleblowers Got Info Secondhand

    PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.

  • October 13, 2017

    Mass. Court Revives Suit Over Surgical Clip Left In Patient

    A Massachusetts appellate panel on Friday revived a suit accusing two doctors of leaving a surgical clip inside a patient’s bladder during a prostate removal surgery, saying the patient credibly alleged negligence so dismissal at this stage of the case was not warranted.

  • October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

  • October 13, 2017

    Mass. Senate Passes Ban On Firearm Bump Stocks

    The Massachusetts Senate on Thursday unanimously voted to ban bump stocks  and trigger cranks, which allow users to modify semiautomatic guns into fully automatic ones, following the deadly mass shooting in Las Vegas earlier this month.

  • October 13, 2017

    DC Circ. Urged Not To Delay Truck Trailer Emissions Rule

    Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.

  • October 13, 2017

    Mass. Retailer Sues Over Alleged High-Interest Loan Scheme

    A Massachusetts clothing and sports retailer filed suit in federal court Thursday alleging that financial technology company Kabbage Inc. evaded state law by offering high-interest loans through an industrial bank based in Utah, which places no ceiling on interest rates for commercial loans, all the while serving as the true lender.

  • October 13, 2017

    Insulet Hit With Derivative Suit Over Lack Of Disclosure

    Executives at Insulet Corp., a manufacturer of insulin pumps, misrepresented the success of a new-product rollout, ultimately causing shares of the company to plunge, a shareholder claimed in a derivative suit filed Friday in Massachusetts federal court.

  • October 13, 2017

    4 Things For Employers To Know As Pay Inquiry Bans Crop Up

    California Gov. Jerry Brown's signing Thursday of a new law barring employers from asking job applicants about their salary histories is the latest of several newly adopted state and local laws banning such inquiries that businesses will soon have to follow. Here, Law360 answers a few of employers’ most pressing questions about the bans.

  • October 13, 2017

    Health Hires: Boston Scientific, Mintz Levin

    Several companies and firms have bolstered their health and life sciences practices over the last few weeks, including Boston Scientific Corp., which named a new general counsel with a wealth of in-house experience, and Mintz Levin, which expanded its health practice with the former general counsel of a major New England health system.

  • October 12, 2017

    Boston PE Fund Sues 2 Cos. For Diluting Securities, Fraud

    Boston-based Auctus Private Equity Fund LLC filed lawsuits against two companies in Massachusetts federal court on Wednesday, accusing both of breaches of contract involving default events that affected the fund’s securities purchase agreements with them.

  • October 12, 2017

    Online Auto Seller Cargurus Leads 3 IPOs Totaling $227M

    Shares of Cargurus Inc. rallied upon debut on Thursday, one day after the online automotive marketplace priced its initial public offering above forecasted range and raised $150.4 million, representing the largest of three IPOs that generated $227 million total.

  • October 12, 2017

    Dimension Investor Sues To Block $151M Ultragenyx Merger

    A Dimension Therapeutics Inc. shareholder urged a Massachusetts federal court Wednesday to block Ultragenyx Pharmaceutical Inc.’s proposed $151 million acquisition of the company, alleging Dimension withheld material information from the U.S. Securities and Exchange Commission and is undercutting investors’ share of the profits.

Expert Analysis

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • A Big Drone Victory For FAA

    Kenneth Quinn

    A Massachusetts federal judge's recent decision in Singer v. Newton showed substantial deference to Federal Aviation Administration regulations, highlighting the tension between local, state and federal governments over drone regulation. It may impact the consideration of bills pending before Congress, say attorneys with Baker McKenzie.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.