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Massachusetts

  • June 7, 2018

    1st Circ. Says AIG Must Pay For Cosby's Defamation Defense

    The First Circuit ruled Thursday that an AIG unit must cover the tab for comedian and convicted sexual assaulter Bill Cosby to fight accusers’ defamation lawsuits, but the company that’s been trying to distance itself from the former television star could be off the hook for any resulting damages.

  • June 7, 2018

    Plaintiff Linked To $75M Attys' Fees Flap Wants To Stay On

    The lead plaintiff in a class action settlement at the heart of a $75 million attorneys' fees dispute involving allegations of lawyer misconduct defiantly told a Massachusetts federal judge that he wants to stay on as class representative, a week after the judge grilled him on whether stepping aside was the right move.

  • June 7, 2018

    Schlichtmann Must Face Avandia Settlement Malpractice Row

    Jan Schlichtmann, the attorney whose work repping Massachusetts residents inspired the book “A Civil Action,” must continue to fight claims he botched a $2 million settlement designed to repay GlaxoSmithKline for money improperly disbursed to a plaintiffs attorney in multidistrict litigation over the diabetes drug Avandia, a Pennsylvania federal judge has ruled.

  • June 7, 2018

    Mass. Justices Place Duty To Get Docs’ OK On Pharmacies

    Massachusetts' top appellate court said Thursday Walgreens had a duty to inform a patient's doctor of the need for an authorization form in order to obtain her potentially life-saving medicine, the first time an obligation of this sort has been placed on a pharmacy.

  • June 6, 2018

    Drug Co. Lundbeck To Settle Charity Support Probe For $52M

    The American subsidiary of Danish drugmaker H. Lundbeck A/S will pay $52.6 million to resolve a U.S. Department of Justice investigation into its financial support and ties to patient-assistance charities, the company announced Wednesday.

  • June 6, 2018

    SEC Says BioChemics Is Unable To Pay $17M Bill To Investors

    Enough is enough, counsel for the U.S. Securities and Exchange Commission told a Massachusetts federal judge Wednesday in a letter insisting three years was ample time for BioChemics Inc. to find a buyer and cough up $17 million it owes investors for lying about product testing.

  • June 6, 2018

    Planet Hollywood Owner Gets Bertucci's At Auction For $20M

    Restaurant holding company and Planet Hollywood parent Earl Enterprises has purchased bankrupt Bertucci’s at auction for $20 million, bringing the Italian casual dining chain into its wide-ranging portfolio.

  • June 6, 2018

    $20M Cumberland Farms Award Upheld In Massachusetts

    A Massachusetts appeals court Wednesday affirmed a $20 million judgment against Cumberland Farms in the death of a woman struck by a vehicle that plowed into a store’s entrance, rejecting the chain’s argument that a report showing hundreds of accidents at other Cumberland Farms stores off difficult intersections unfairly influenced the jury.

  • June 6, 2018

    1st Circ. Unsure If Date Flap Dooms Lehman Whistleblower

    A First Circuit panel on Wednesday questioned whether missing a filing deadline by a single day was enough to doom a complaint brought by a former Lehman Brothers Inc. employee who said she was fired and harassed for trying to blow the whistle on the company before it went belly up.

  • June 6, 2018

    1st Circ. Not Feeling Satisfied In Boston Bandmate TM Suit

    Two former bandmates in the classic rock group Boston struck a sour note in pleading their cases to the First Circuit Wednesday, with judges sharply challenging cross-appeals made by the rockers in their long-running dispute over the use of the band’s name.

  • June 6, 2018

    Atty Fees Awarded Over 'Blatant' Judge-Shopping In IP Row

    A Massachusetts federal judge on Tuesday partially granted MicroStrategy Inc.’s bid for attorneys' fees in a nearly six-year-old patent infringement dispute over object mapping software, finding patent owner DataTern Inc. had engaged in “blatant" judge-shopping by trying to get several cases assigned to one particular judge.

  • June 6, 2018

    Athenahealth CEO Steps Down Amid Review, Elliott Offer

    Massachusetts-based health care software giant Athenahealth Inc. said Wednesday that its CEO has stepped down amid the board of directors’ search for strategic alternatives for the business, misconduct allegations against the executive, and an all-cash offer from activist investor Elliott Management Corp.

  • June 5, 2018

    2nd Bite At ‘Natural’ Cooking Oil Suit Hinges On Money

    The survival of a putative class action claiming Conagra Brands Inc.'s Wesson brand cooking oils are misrepresented as "natural" despite containing genetically modified plants turns on the perception of economic injury to consumers, the First Circuit suggested Tuesday during oral arguments.

  • June 5, 2018

    Ex-Editor Who Made #MeToo Claim Fights Boston Globe's Suit

    A former Boston Globe editor urged a Massachusetts state court Tuesday to deny the news organization’s bid to require her cooperation with its investigation into inappropriate text messages she claims were sent to her by the newspaper’s editor, saying the company's suit against her made “bald assertions of harm.”

  • June 5, 2018

    Dem AGs Urge CFPB To Keep Complaint Database Open

    A coalition of 14 state attorneys general urged the Consumer Financial Protection Bureau on Monday to maintain public access to its consumer complaint database on the financial industry, joining a chorus of lawmakers and enforcers who say the database is vital for spotting problems in the industry.

  • June 5, 2018

    Online Marketing Cos. To Pay SEC $8M In Subscriber Scheme

    The U.S. Securities and Exchange Commission reached an $8 million settlement on Tuesday in an administrative proceeding with a marketing firm and its affiliate accused of inflating subscriber numbers used to measure financial performance.

  • June 5, 2018

    Former Boston Exec Devised State Street Fraud, Jury Hears

    Federal prosecutors pinned a post-recession hidden fee scandal at State Street Corp. on an executive at the bank’s Boston headquarters, telling jurors on Tuesday that it was his idea to add pennies to the individual trades within multibillion-dollar transactions to conceal massive, illegal commissions in 2010 and 2011.

  • June 5, 2018

    Rockport's Amended Ch. 11 Bid Protections Get Court's OK

    Bankrupt shoemaker The Rockport Co. LLC cobbled together a resolution Tuesday to address the concerns of unsecured creditors about more than $6 million in bid protections for a stalking horse bidder, gaining the approval of a Delaware bankruptcy judge.

  • June 5, 2018

    18 NY, NJ Pension Plans Duped Danish Gov't, Suit Says

    The agency tasked with collecting taxes in Denmark slapped 18 New York- and New Jersey-based pension funds with lawsuits in federal court, claiming the plans were part of a massive multinational fraud scheme to dupe the Danish government out of $2.1 billion in reimbursed taxes.

  • June 5, 2018

    1st Circ. Mulls Creditors' Role In Puerto Rico Recovery

    The First Circuit on Tuesday questioned whether a group of bondholders can step in and influence the actions of Puerto Rico's struggling public entities, during a morning of arguments before the appellate panel centering on the island commonwealth's historic restructuring.

Expert Analysis

  • Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

    Philip Olsen

    As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.