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Massachusetts

  • August 16, 2018

    Keryx Shouldn't Get 2nd Chance To Ax Stock Suit, Court Told

    Investors in Keryx Biopharmaceuticals Inc. shot back Thursday at the company’s attempt to reargue its motion to dismiss a proposed class action alleging the company misled investors to believe it had mitigated supply chain risks before its stock tumbled due to a production delay.

  • August 16, 2018

    1st Circ. Reopens Indonesian's Aslyum Bid Over Extemism

    The First Circuit on Thursday reopened an Indonesian national's asylum bid to escape religious persecution in his home country, finding that the Board of Immigration Appeals overlooked critical evidence about the intensification of "Islamic fundamentalist fervor."

  • August 16, 2018

    3rd Circ. Won't Revive Allergan Medicaid Rebate Suit

    The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.

  • August 16, 2018

    Old Guidelines Warrant New Sentence For Fraudster: 1st Circ.

    The First Circuit threw out an 11-year prison term Wednesday for a Puerto Rican man convicted on 29 counts of fraud and other charges for posing as a bankruptcy lawyer to help parents get out of jail for missing child support payments, ruling that the sentence had been calculated under outdated guidelines.

  • August 16, 2018

    DHS Memo Justifies Ending DACA, Trump Tells 2nd Circ.

    The Trump administration urged the Second Circuit on Wednesday to toss challenges by immigrants and an advocacy group to its decision to rescind the Deferred Action for Childhood Arrivals program, arguing that a recent Department of Homeland Security memorandum shows the decision was well thought out and not rash.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    Mass. Grocers Appealing Loss In Wholesaler Antitrust MDL

    New England grocery store operators told a Minnesota federal court Wednesday they plan to appeal a July loss in multidistrict litigation accusing Supervalu Inc. of agreeing to not compete for customers with C&S Wholesale Grocers Inc. in the wholesale supply of groceries.

  • August 15, 2018

    Hair-Cutting Pharmacist Can't Save Wrongful Firing Suit

    A Massachusetts federal judge on Wednesday tossed a wrongful termination of employment case brought by a pharmacist who claims she gave her co-worker an apparently nonconsensual haircut and was subsequently forced to resign by her employer, finding that the pharmacist was not improperly coerced into signing the resignation agreement.

  • August 15, 2018

    Dining Co. To Pay Boston Servers $1M To End Tip Pool Suit

    A Massachusetts federal judge gave initial approval on Wednesday to a settlement that would have Landry’s Inc. pay $1 million to a class of 250 servers employed at its Boston seafood restaurant, Chart House, who claimed the dining and entertainment conglomerate wrongfully remitted their tips to hostesses.

  • August 15, 2018

    600 Lb. Gorillas, Mister Cookie Face Case In Jury's Hands

    A nearly $4 million breach of contract case over the butterfat content of ice cream sandwiches is in the hands of a Massachusetts federal jury after attorneys on Wednesday argued over whether Mister Cookie Face LLC ruined dessert maker 600 lb. Gorillas Inc.'s business by changing a formula that left customers with an icy taste in their mouths.

  • August 15, 2018

    Warner Bros. Sued For Using Photo Of Ex-NFL Star's Fiancee

    A photo agency represented by frequent copyright plaintiffs counsel Liebowitz Law Firm PLLC on Tuesday filed a copyright infringement suit against Warner Bros., its second suit alleging unauthorized use of a photo of the late NFL player Aaron Hernandez's fiancee.

  • August 15, 2018

    Dominican Man Gets 5 Years For Impersonating SEC Brass

    A Dominican national charged with impersonating U.S. Securities and Exchange Commission employees to defraud people out of hundreds of thousands of dollars was sentenced on Wednesday in Boston federal court to five years and three months in prison, the U.S. Department of Justice announced.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    US Asks To DQ Atty In Sub-Tech Case Who Reps China’s Gov’t

    The U.S. Attorney's Office asked a Massachusetts federal court Tuesday to disqualify an attorney for a man accused of illegally exporting submarine-detection equipment for a Chinese military institute, saying the lawyer’s simultaneous representation of the Chinese government creates a “serious potential conflict of interest.”

  • August 14, 2018

    PTAB Shuts Down Hologic Challenges To HIV Detection Patent

    The Patent Trial and Appeal Board has rejected Hologic Inc.’s challenges to a biotech company’s patent on a method for detecting HIV, finding that Hologic's arguments were similar to ones considered when the patent was examined.

  • August 14, 2018

    Talent, Recruiting Biz ClearCompany Nabs $60M In Funding

    Talent management and recruiting software firm ClearCompany on Tuesday said its first-ever growth funding round brought in $60 million, as the company looks to add new members to its team and increase its development and sales capabilities.

  • August 14, 2018

    RBS Finalizes $4.9B Financial Crisis Settlement With DOJ

    The Royal Bank of Scotland will pay the U.S. $4.9 billion to end claims the bank deceived investors about poor-quality loans behind its residential mortgage-backed securities in what the U.S. Department of Justice on Tuesday called its largest civil penalty against a single corporate entity over the financial crisis.

  • August 14, 2018

    DOJ Taps Ex-AG Mukasey To Monitor Bayer-Monsanto Deal

    A D.C. district judge on Tuesday appointed former U.S. Attorney General and district court chief judge Michael B. Mukasey to serve as the monitoring trustee for the U.S. Department of Justice agreement that allowed Bayer AG's planned $62 billion purchase of Monsanto Co. to proceed.

  • August 14, 2018

    Mass. Top Court Clears Hospital In Ex-Patient Stabbing Suit

    Massachusetts' top appellate court on Tuesday ruled that a Bay State hospital didn't have a duty of care after a man released from an involuntary civil commitment fatally stabbed his neighbor 22 days after one of the hospitals doctors said the man "no longer posed a likelihood of serious harm."

  • August 14, 2018

    Boston City Hall Aides Urge 1st Circ. To Toss Feds' Appeal

    Two Boston City Hall staffers have urged the First Circuit to toss prosecutors' challenge to a ruling dismissing extortion charges against them, saying that, despite months of delay, the U.S. attorney's office in Massachusetts has blown a filing deadline.

Expert Analysis

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.