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Massachusetts

  • June 22, 2018

    Feds Can Use 'Material, Nonpublic Info' At Insider Trading Trial

    Two biostatisticians charged with insider trading cannot preclude prosecutors from saying “material, nonpublic information” at their imminent securities fraud trial in Boston, a federal judge ruled on Friday.

  • June 22, 2018

    Suit Alleging Race Bias In Boston PD Drug Tests Nears Verdict

    A Massachusetts federal judge spent several hours in a Boston courtroom Friday discussing racial identity, implicit bias and the legal ramifications of drug-testing employees in a hearing that concluded the evidentiary portion of a long-running discrimination case against the Boston Police Department over false-positive results disproportionately affecting black people.

  • June 22, 2018

    BNY Mellon Slams ‘Broken' Atty Relationship In Cert. Fight

    The Bank of NY Mellon Corp. on Friday slammed a proposed class of trust beneficiaries’ bid for class certification in their suit accusing the bank of irresponsible investing and unauthorized tax preparation fees, claiming that lead counsel’s “irreconcilably broken” relationship with one of lead plaintiffs renders her an inadequate class representative.

  • June 22, 2018

    17 AGs Join Fight Against Trump's Move To Cancel TPS

    More than a dozen state attorneys general on Friday voiced their support for a lawsuit challenging the Trump administration’s recent decision to cancel temporary protected status for immigrants from El Salvador, Haiti and Honduras, urging the district court to hear the immigrants’ claims.

  • June 22, 2018

    14 Firms To Steer IPOs Surpassing $2.5B To Close Busy June

    Fourteen firms will steer 12 initial public offerings that could surpass $2.5 billion in proceeds during the coming week, representing notable companies like private equity-backed BJ’s Wholesale Club Holdings Inc. and several life science, technology and e-commerce issuers, potentially closing the busiest month for IPOs in three years.

  • June 22, 2018

    Taxation With Representation: Latham, Davis Polk, Stikeman

    In this week’s Taxation with Representation, Veritas-backed Verscend Technologies bought Cotiviti Holdings for $4.9 billion, Roche took over Foundation Medicine in a $2.4 billion deal, Baytex bought Raging River Exploration for $2.1 billion, and William Scotsman took over Modspace in a $1.1 billion deal.

  • June 22, 2018

    Labaton Asks For Judges' Communications In $75M Fee Fight

    Labaton Sucharow LLP, entangled in a messy fight over $75 million in attorneys' fees, asked a Massachusetts federal judge on Friday to compel a former judge to reveal ex parte communications between the two jurists, including those suggesting public corruption allegations that the firm has called “baseless.”

  • June 22, 2018

    Gunderson Dettmer Hires Ex-Proskauer Fund Formation Atty

    Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP is looking to grow its fund formation practice with the addition of a partner in its Boston office from Proskauer Rose LLP, the firm recently announced.

  • June 21, 2018

    Not So Narrow: High Court Ruling May Upend Deportations

    The U.S. Supreme Court's ruling clarifying exactly what must be in notices of appearances served to immigrants may seem narrow, but it could have far-reaching impacts, opening a new pathway to relief for deported immigrants while also calling into question a controversial precedent known as Chevron deference. 

  • June 21, 2018

    Chinese Man Accused Of Smuggling Submarine Tech

    A Chinese man who is a lawful permanent resident of Massachusetts was accused on Thursday of illegally exporting submarine detection equipment for a Chinese military research institute that has been flagged by the U.S. Department of Commerce for national security concerns.

  • June 21, 2018

    Abused Gymnast Brings Class Action Against USOC, Others

    A former top-level American gymnast filed a proposed class action Wednesday on behalf of hundreds of athletes whose abuse she alleges went ignored by the U.S. Olympic Committee and USA Gymnastics, a case that seeks to hold the organizations accountable for all known abuse not reported to law enforcement within 24 hours of the passage of the Safe Sport Act in February.

  • June 21, 2018

    Oman Sues US Mining Co. Owner Over Unpaid $5.6M Award

    Oman sued a U.S. mining company owner in Massachusetts federal court Tuesday alleging he has failed to pay any part of a $5.6 million arbitration award issued against him by an International Center for Settlement of Investment Disputes tribunal in a dispute over mining leases.

  • June 21, 2018

    1st Circ. Upholds Discovery Bid Nix In Gene-Editing IP Row

    The First Circuit has affirmed a Massachusetts federal judge’s decision to deny a patent agency’s bid for discovery into an MIT lab’s European patents for genome-editing technology, saying that the court correctly found that the agent failed to prove the European patent office’s need for its assistance.

  • June 21, 2018

    Mass. Atty Gets More Than 1 Year For Short-Selling Homes

    A Massachusetts attorney facing an almost-certain disbarment was sentenced to a year and three months in prison Thursday after admitting to being part of a scheme to defraud banks and mortgage companies by short-selling houses.

  • June 21, 2018

    Ex-State Street Exec Keeps Mum As Fraud Trial Nears End

    A former executive at State Street Corp. decided Thursday against taking the stand in his Boston fraud trial, resting his defense against charges that he directed colleagues to slip hidden fees into multibillion-dollar trades for overseas clients and setting up a final courtroom showdown next week.

  • June 21, 2018

    Labaton Sucharow Can’t Get Judge Recused In $75M Fee Row

    A Massachusetts federal judge on Thursday said he would not recuse himself after three firms, including Labaton Sucharow LLP, accused of misconduct in an ongoing $75 million attorneys’ fee fight asked him to step aside, pointing to potential conflicts and “inflammatory” statements made by the judge.

  • June 21, 2018

    Justices Say Time, Place Needed For Removal Rule

    The U.S. Supreme Court determined Thursday that the government's notices of appearance served to immigrants must include time and place information to be valid under the so-called stop-time rule, ruling in favor of a Brazilian man facing possible deportation.

  • June 20, 2018

    Sanofi Judge Skeptical She Was Wrong To Toss Antitrust Suit

    A Massachusetts federal judge appeared skeptical Wednesday about arguments from insulin injector buyers that she was wrong to dismiss claims that Sanofi-Aventis filed faulty patents and sham litigation to protect its exclusivity as the drugmaker looks to escape the suit again.

  • June 20, 2018

    Apology For 'Overheated Rhetoric' Can't Revive Patent Suit

    A California attorney who recently apologized for inserting “overheated rhetoric” against his opposing counsel in a motion to revive a patent infringement lawsuit could not make up for a lack of evidence in the case centered on an expired license for MRI imaging, a Massachusetts federal judge ruled Wednesday.

  • June 20, 2018

    The Biggest Energy Rulings Of 2018: Midyear Report

    The first half of 2018 saw courts take a broad view of energy companies' potential liability, whether the matter hinged on climate change, groundwater pollution or even a business partner's bankruptcy. Here are five court decisions that raised energy attorneys' eyebrows.

Expert Analysis

  • A Win For Immigrants And Cloud Over Chevron At High Court

    Rachel Rosenbloom

    The U.S. Supreme Court’s recent decision in Pereira v. Sessions hands a victory to immigrants at a time when the executive branch is aggressively seeking to dismantle existing protections within immigration law. It also includes some intriguing hints about the court’s waning affection for Chevron deference, says Rachel Rosenbloom, professor of law and co-director of the Immigrant Justice Clinic at Northeastern University.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Life Sciences Cos. Should Assess Charitable Donations Programs

    Gary Giampetruzzi

    This year, the U.S. Attorney's Office for the District of Massachusetts has investigated several life sciences companies for their donations to independent copay assistance charities. As the list of investigations grows longer, life sciences companies should reassess their policies, procedures and monitoring regarding donations, say attorneys at Paul Hastings LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.