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  • January 9, 2019

    1st Circ., Gun Rights Atty Spar Over Assault Weapons Ban

    An attorney representing a group of gun rights activists sparred with First Circuit judges Wednesday as the panel tried to drill down on whether a Massachusetts judge was right in upholding the state’s ban on assault weapons and large-capacity magazines.

  • January 9, 2019

    Feds Want Out Of Kids' Damages Suit Over Border Separation

    A proposed class of migrant children should not be allowed to sue members of the Trump administration for damages stemming from the pain of family separation at the southwestern border, the federal government argued in Massachusetts federal court on Tuesday.

  • January 9, 2019

    Insys Founder Need Not Comply With Subpoena, Judge Rules

    Insys Therapeutics founder John Kapoor does not need to turn over his personal notes and other documents the government sought ahead of a trial for executives allegedly involved in an opioid kickback scheme, a federal judge in Boston ruled Tuesday, saying prosecutors failed to prove the records belonged to Insys and not to Kapoor himself.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    Hospital Says Mass. Court Misapplied Anti-SLAPP Changes

    A Boston hospital told Massachusetts' highest court on Tuesday that a trial judge was wrong to deny its motion to dismiss a defamation suit brought by fired nurses, saying the lower court failed to properly apply the Supreme Judicial Court's new interpretation of the anti-Strategic Lawsuit Against Public Participation statute.

  • January 8, 2019

    Boston Mayor Seeks Increase In Ride-Share, Garage Fees

    Boston Mayor Marty Walsh said Tuesday that he would ask Massachusetts lawmakers to increase assessments on some ride-sharing trips, permit regional tax ballot initiatives and allow assessments on spaces at private parking garages.

  • January 8, 2019

    Athenahealth Faces Shareholder Suit Over $5.7B Merger

    A proposed shareholder class action filed in Massachusetts federal court Monday asserts that a $5.7 billion plan for Veritas Capital and Elliot Management affiliate Evergreen Coast Capital to take Athenahealth private is based on misleading and inadequate financial analyses and overlooks potential conflicts of interest.

  • January 8, 2019

    Enbridge Unit In Catch-22 In Pipeline Fight: 1st Circ.

    First Circuit judges wondered during oral arguments Tuesday whether a Massachusetts town could use state regulators to ensnare a unit of Enbridge Inc. in a Catch-22 in the town's efforts to block a compressor station slated to be part of a major pipeline project.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Neiman Marcus Settles Multistate Data Breach Row For $1.5M

    A settlement was reached between The Neiman Marcus Group LLC and 43 states and the District of Columbia, with the upscale retailer agreeing to pay $1.5 million to resolve an investigation into a 2013 data breach that affected thousands of customers.

  • January 8, 2019

    Dem Lawmakers Want Audit On Teen Health-Job Rulemaking

    A group of Democratic lawmakers have asked a U.S. Department of Labor watchdog to look into how the department developed a proposed rule that would loosen limitations on 16- and 17-year-olds being able to train, work or have an apprenticeship in the health care realm.

  • January 8, 2019

    $2M Too Low, Too Late In Nursing Home Death, 1st Circ. Told

    The estate of a woman who died in nursing home care tried to convince the First Circuit Tuesday that a federal judge had it right the first time when she ruled an insurance claims adjuster dragged its feet before offering a $2 million settlement — well below what the family asked for — before reversing herself.

  • January 8, 2019

    Nonunion Workers Have Rights Too, Mass. High Court Hears

    Massachusetts’ highest court heard oral arguments Tuesday in a case seeking to stretch the rights of nonunion public employees beyond what the U.S. Supreme Court established last year, not only exempting them from mandatory fees but also giving them a seat at the table in bargaining negotiations.

  • January 7, 2019

    Atty's Words Downed Award Against Supermarket, Panel Says

    New England supermarket chain Market Basket has avoided a $500,000 jury award to a woman who injured herself in one of its stores, as a Massachusetts Appeals Court panel ruled Monday that a judge was within her discretion to grant a new trial after allegedly improper statements by the woman’s lawyer during closing arguments.

  • January 7, 2019

    Ex-Georgeson Adviser Begins Retrial Amid Appeal For Others

    As three former Georgeson LLC advisers wait to see if federal prosecutors win an appeal to put them on trial a second time, one of their ex-coworkers was back in a Boston courthouse Monday as her second trial kicked off charging her with trading entertainment tickets for an early look at shareholder voting data.

  • January 7, 2019

    High Court Skips Mass. AG Exxon Probe, Other Enviro Cases

    The U.S. Supreme Court on Monday passed on reviewing several environmental and energy cases, including Exxon Mobil Corp.'s quest to stop the Massachusetts attorney general's probe into the company's climate change statements and Oklahoma wind farm developers' bid to skip approvals from the Osage Nation for a project.

  • January 7, 2019

    Judiciary Pushes Back Day It Will Go Broke Over Shutdown

    The U.S. judiciary has pushed back the date it is expecting to run out of money over the government shutdown to next week, increasing the chances that the impasse will resolve before courts may have to start cutting staff and delaying litigation.

  • January 7, 2019

    Mass. Court Says Nursing Home Must Face Patient Death Suit

    A Massachusetts appeals court on Monday revived a suit accusing a nursing home of failing to diagnose a man’s bacterial infection that purportedly contributed to his death, saying a medical expert plausibly opined that the hospital’s treatment breached the standard of care.

  • January 7, 2019

    Starion Says Ch. 11 Case Was Filed To Save Its Business

    Bankrupt utility provider Starion Energy Inc. objected late Friday in Delaware to a motion to dismiss its Chapter 11 case, saying its petition was filed in good faith in order to save its business after a Massachusetts enforcement action crippled its cash access.

  • January 7, 2019

    English Translation Key In 1st Circ. Puerto Rico Bond Dispute

    The fate of billions of dollars in collateral from employer contributions to Puerto Rico's largest public pension fund could hinge on the fact that an official Spanish-to-English translation altered the English name of the fund, an action whose impact on bondholders staking a claim to the collateral was debated Monday before a First Circuit panel.

Expert Analysis

  • The State Of Pharma Class Certification After Asacol

    Aaron Yeater

    The First Circuit's recent decision in the matter of the Asacol Antitrust Litigation may prove to be a watershed in pharmaceutical antitrust litigation, offering some precision in interpreting the burden of class certification and making clear what defendants must establish, say experts at Analysis Group Inc.

  • Opinion

    State AGs Can Lead The Fight For Online Privacy Protection

    James Steyer

    The record $5 million settlement between Oath and the New York attorney general's office this month is more than just a win for children illegally targeted by advertising — it demonstrates how the government can protect our privacy and safety online, says James Steyer, a civil rights attorney and founder of Common Sense Media.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.