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Massachusetts

  • June 12, 2018

    College Athletes, Fantasy Cos. Spar Over Use Of Stats

    A trio of college athletes have argued that daily fantasy sports operators DraftKings and FanDuel are wrongly relying on a precedent that allows fantasy sports to use the statistical information from games to try to escape a proposed publicity rights class action that has landed before the Indiana Supreme Court.

  • June 12, 2018

    MACH Gen Gets Del. Court Nod For $10M DIP Draw

    Bankrupt commercial power producer New MACH Gen LLC secured access to the first half of a proposed $20 million bankruptcy financing loan Tuesday, under a Delaware Chapter 11 reorganization plan that would take two of the company’s three current plants to a confirmation hearing on July 23.

  • June 12, 2018

    Advocates Back Woman's Harvard Pilgrim ERISA Appeal

    Harvard Pilgrim Health Care had a duty under the Employee Retirement Income Security Act to seek readily available medical evidence from a young woman before denying her bid for mental health coverage, a pair of health advocates told the First Circuit in an amicus brief filed Tuesday.

  • June 12, 2018

    States, Schools Line Up Against PTAB's Immunity Waiver

    States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation. 

  • June 12, 2018

    Ex-Insys Execs Can't Get More Info On Charges, Feds Say

    Federal prosecutors late Monday blasted an attempt by former executives at Insys Therapeutics Inc. to get more details about charges that they bribed doctors to boost sales of their fentanyl spray, saying the executives have more than enough information from the complaint and discovery.

  • June 12, 2018

    Saul Ewing Boosts Tax Group With Sullivan & Worcester Atty

    Saul Ewing Arnstein & Lehr LLP has strengthened its tax practice by bringing on a new partner from Sullivan & Worcester to work out of the firm’s business and finance and tax practices in Boston.

  • June 11, 2018

    Globe Drops Suit Against Ex-Staffer Who Made #MeToo Claim

    The Boston Globe LLC dropped its lawsuit in Massachusetts state court Monday seeking information from a former staffer who publicly claimed the newspaper’s editor sent her a sexually suggestive text message after the woman acknowledged their past relationship and said she wasn’t certain the message came during her employment.

  • June 11, 2018

    Mass. Power Plant Owner Back In Ch. 11 With $700M Of Debt

    A Massachusetts natural-gas power plant owner sought bankruptcy protection Monday in Delaware, listing more than $700 million in secured debt as it pursues confirmation of a prepackaged Chapter 11 plan on a five-week timeline, just four years after a previous in-court reorganization.

  • June 11, 2018

    Mass. Software Maker Gets $1B Investment From Rockwell

    Massachusetts software maker PTC Inc. will get a $1 billion investment from Milwaukee-based Rockwell Automation Inc. as both look to spike growth rates by integrating their resources, the companies announced Monday.

  • June 11, 2018

    Feds Wrongly Detained 2 Immigrant Spouses, Judge Says

    A Massachusetts federal judge on Monday laid out his rationale for declaring last month that the federal government unlawfully detained two Brazilian natives who are part of a putative class action that alleges the federal government is violating the U.S. Constitution by detaining immigrants who seek green cards through their spouses.

  • June 11, 2018

    Cyberscammer Duped Mass. Clean Energy Center, Audit Finds

    Not only did a cyberscammer trick a Massachusetts clean energy agency into wiring public funds, but the agency also botched the reporting of the crime to its board of directors and to authorities, according to a state audit released Monday.

  • June 11, 2018

    Trustee Defends $15B Suit Over SEC’s 'Unlawful Power Grab'

    A liquidation trustee suing the U.S. Securities and Exchange Commission for almost $15 billion in allegedly ill-gotten disgorgements told a Massachusetts federal judge on Friday that the agency’s arguments against the suit cannot insulate its “unlawful power grab” from being challenged.

  • June 8, 2018

    Ex-State Street Exec OK’d Hidden Fees, Key Witness Says

    A former director at State Street Corp. who admitted that he conspired to overcharge clients in 2010 and 2011 testified Friday that his boss approved the method that hid millions of dollars in commissions and knew about “nonsense” contracts intended to dupe some of the bank’s biggest clients.

  • June 8, 2018

    Plans Fight NFL Benefits Appeal By Late Player’s Ex-Wife

    A pair of National Football League player benefit plans urged the First Circuit on Friday not to reverse a lower court decision that the NFL’s retirement board properly denied claims for survivor benefits made by the ex-wife of a late New England Patriots player.

  • June 8, 2018

    Verrill Dana Snags Transactional Real Estate Partner In Boston

    Seeking to address a niche missing from its Boston office, Verrill Dana LLP has hired a longtime transactional real estate attorney from Posternak Blankstein & Lund LLP, the firm has announced.

  • June 8, 2018

    3rd-Party Funding Has No Place In Treaty Arbitration: Report

    The use of third-party funding in investor-state dispute settlement is an “exploitation” of the investment law regime because it unfairly tips the balance away from developing nations, according to a recent report authored by a Boston College Law School and Pontifical Catholic University of Chile task force.

  • June 8, 2018

    Good Faith Won't Excuse IRS Action, 1st Circ. Says

    The Internal Revenue Service cannot use a mistaken but good faith belief that a bankruptcy debt had not been discharged to avoid being sued under the Internal Revenue Code for willfully violating an automatic stay, a First Circuit panel has ruled.

  • June 8, 2018

    In Converse Chuck Taylor Case, Fed. Circ. Has New Questions

    The Federal Circuit issued a surprising order Thursday asking for additional briefing in a closely watched trademark case brought by Converse Inc. over the design of its Chuck Taylor sneaker.

  • June 7, 2018

    Ex-State Street Exec Didn’t Handle Duped Clients, Jury Told

    A former manager at State Street Corp. who has admitted to charging clients hidden fees testified against his former supervisor's boss on Thursday, but said under cross-examination that the executive charged with orchestrating an overbilling scheme in 2010 and 2011 never participated in setting it up.

  • June 7, 2018

    Rockport Incentive Pay Plan Fails Ch. 11 Tests, Trustee Says

    The U.S. Trustee’s Office asked a Delaware bankruptcy court Thursday to reject a request by bankrupt shoemaker The Rockport Company LLC to pay up to $3.3 million in employee bonuses, saying it provided too little information to evaluate the plan.

Expert Analysis

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.