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Massachusetts

  • October 11, 2018

    Work Instruction Gaps Led To Gas Explosions, NTSB Says

    The September gas explosions that rocked three communities north of Boston, killing one person and injuring 21, were caused by gaps in construction work orders prepared by NiSource Inc.’s subsidiary Columbia Gas, the National Transportation Safety Board said Thursday.

  • October 11, 2018

    Fidelity Costs Its Retirees Hundreds Of Millions, Suit Says

    Participants in one of the nation’s largest 401(k) plans believe Fidelity Investments has continued to squander hundreds of millions of dollars in employees’ savings on underperforming proprietary funds since settling similar claims in 2014, according to a proposed class action filed Wednesday in Massachusetts federal court.

  • October 11, 2018

    Sinovac Investors' Stock Injunction Bid Faces Skeptical Judge

    A Massachusetts federal judge Thursday questioned the merits of a shareholder's demand that he halt corporate restructuring by the biopharmaceutical firm Sinovac amid a dispute over an alleged hostile takeover of the company's board of directors on the Caribbean island of Antigua.

  • October 11, 2018

    3M, Others Try To Pause Foam Contamination Suits For MDL

    3M Co., Tyco Fire Products LP and other companies that produced a fire-suppressant foam that is at the center of lawsuits claiming the foam caused illnesses asked a Massachusetts federal court to put a selection of cases over the product on hold while the suits are considered for multidistrict litigation.

  • October 11, 2018

    Mass. Mayor Duped App Backers To Fund ‘Lavish’ Life: Feds

    The young mayor of Fall River, Massachusetts, duped investors in his mobile app out of more than $231,000 in order to fund a lavish lifestyle for himself, including the purchase of a Mercedes, expensive travel, luxury clothing and jewelry, according to a federal indictment unsealed Thursday.

  • October 10, 2018

    MIT Says Workers Don't Meet Class Standards In ERISA Suit

    The Massachusetts Institute of Technology argued in Boston federal court Wednesday that employees who allege the university mishandled its retirement fund do not have grounds for class certification because of their conflicting claims about how they were harmed.

  • October 10, 2018

    Puma Must Face Nike's Flyknit Patent Infringement Claims

    Puma must face claims that the German sportswear company is knowingly ripping off Nike’s patented knitted shoe designs, a Massachusetts federal judge ruled Wednesday, queuing a legal battle over the trendy, sock-like features of Nike’s Flyknit series and Puma’s Netfit series.

  • October 10, 2018

    Investors Want Sinovac Capital Frozen Before Caribbean Trial

    Sinovac Biotech Ltd. and a wealthy Massachusetts family accused of fraudulently overthrowing the vaccine company’s board of directors bickered in U.S. court filings Wednesday over whether the company can restructure before an Antiguan judge decides if the family's coup this spring was legitimate.

  • October 10, 2018

    BioChemics Receiver Named To Help SEC Sniff Out $17M

    After dodging a $17 million payment to the U.S. Securities and Exchange Commission, BioChemics Inc. will have to deal with a court-appointed receiver empowered by a Massachusetts federal judge Tuesday with the ability to find, manage and control the biopharmaceutical company's assets in an effort to make good.

  • October 10, 2018

    Mass. Residents Blast Tribe's Stay Bid In 1st Circ. Trust Row

    A group of Taunton, Massachusetts, residents urged the First Circuit on Tuesday to reject the Mashpee Wampanoag tribe's request to pause its appeal of a decision that the tribe is ineligible to have land taken into trust for a casino project, saying it was well past time to resolve the long-dormant proceedings.

  • October 10, 2018

    Delta Likely To Evade $1M Suit Over Terminal Detention

    A $1 million suit brought by a noted Massachusetts doctor against Delta Airlines Inc. over his alleged false imprisonment in a London terminal is likely headed for dismissal, a federal judge said Wednesday, despite a stern warning from the doctor’s lawyer that tossing the case could pave the way for an airline “police state” on American soil.

  • October 10, 2018

    Labaton To Pay $4.8M, Accept Oversight On Fee Practices

    Labaton Sucharow LLP has apologized and will pay $4.8 million and accept oversight by a retired judge to resolve a Massachusetts federal court’s investigation into the firm's excess fees and a controversial payment to a Texas lawyer, according to Wednesday court filings. 

  • October 10, 2018

    Feds Seek 5 Years For Convicted State Street Exec

    Prosecutors called for a five-year sentence Tuesday for a former vice president of State Street Corp. convicted of overbilling clients by millions, a substantially shorter prison term than federal guidelines suggest but enough to send a message, the government said.

  • October 10, 2018

    Let Phone Cos. Do More To Block Robocalls, AGs Tell FCC

    New York Attorney General Barbara Underwood and 34 other state attorneys general have urged the Federal Communications Commission to create new rules that will authorize telephone service providers to block illegal robocalls made to consumers across the country.

  • October 10, 2018

    3 Firms Guide TransDigm's $4B All-Cash Deal For Esterline

    Private equity-backed aircraft components maker TransDigm Group Inc. has agreed to buy rival Esterline Technologies Corp. in a roughly $4 billion deal steered by Wachtell Lipton Rosen & Katz, BakerHostetler and Skadden Arps Slate Meagher & Flom LLP, the companies said Wednesday.

  • October 9, 2018

    Class Action Says DirecTV Partner Regularly Docks Wages

    DirecTV’s largest installation partner, MasTec Inc., was hit with a class action on Tuesday claiming the Florida-based service provider docks employee wages when customers complain about technical glitches to DirecTV.

  • October 9, 2018

    Family Of Deceased Trucker Can Sue Missouri Co. In Mass.

    A federal judge subjected Missouri-based New Prime Inc. to Massachusetts’ long-arm statute Tuesday, ensuring the company must face a lawsuit in Massachusetts from the family of a truck driver who was killed after his instructor drove them into another vehicle.

  • October 9, 2018

    Boston Scientific Merger Trial Fast-Tracked In Chancery

    A trial over the purported termination of a $275 million merger between medical device companies Boston Scientific Corp. and Channel Medsystems Inc. was expedited Tuesday when a Delaware Chancery judge said the proceedings would be scheduled for April.

  • October 9, 2018

    Debt Collector Wasn't Licensed For Mass., Residents Say

    A Connecticut collections firm was hit with a proposed class action in Massachusetts federal court Tuesday accusing it of trying to sweep up debt from thousands of Bay State residents without a license to do so.

  • October 9, 2018

    Shipping Co. Says Wage Laws Don't Make Drivers Employees

    A shipping company asked a Massachusetts federal judge Tuesday for a win in a class action brought by a group of delivery drivers seeking to be treated as employees, saying state wage laws do not provide a basis for overriding an agreement between the parties that classifies the drivers as independent contractors.

Expert Analysis

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • Energy Storage: Ready For Takeoff

    Stuart Solsky

    Energy storage has been called the “Swiss army knife” of the electric grid because of the many services it can perform, enhancing both traditional and renewable electric generation. Recent federal and state regulatory developments mean that energy storage is poised to be a major game changer in electric power markets, say attorneys with Baker Botts LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.

  • F-Squared And The Lingering Impact Of Kokesh

    Benjamin Mundel

    After the U.S. Supreme Court's ruling last year in Kokesh, a number of companies have tried to challenge government agencies' authority to seek disgorgement absent express statutory authority. While courts have not directly addressed the open question, a recent decision in the F-Squared bankruptcy litigation came close, say Benjamin Mundel and Mackenzi Siebert of Sidley Austin LLP.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • SEC Fires Warning Shot Against 'Short And Distort' Schemes

    Perrie Weiner

    Unscrupulous short sellers who post false or distorted news have gone largely unchecked — until now. The U.S. Securities and Exchange Commission's recently filed case against a Massachusetts hedge fund adviser opens the way for civil claims, say attorneys with DLA Piper.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.