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Massachusetts

  • August 7, 2018

    AGs Urge DC Circ. To OK Block On Detainee Abortion Rules

    A coalition of attorneys general on Tuesday urged the D.C. Circuit to uphold a District of Columbia federal court's ruling that temporarily paused a federal agency's policy of blocking detained immigrant girls from accessing abortion services, saying such a policy violates the rights of both the states and women.

  • August 6, 2018

    Feds, Biotech CEO Spar Over If Lies Were Crimes Or Flubs

    Prosecutors asked a Manhattan federal jury on Monday to find former biotech executive Patrick Muraca guilty on charges of fraud and deception, saying he used over $100,000 of investor funds for personal outlays and was dishonest in his communications with them and the FBI.

  • August 6, 2018

    Labaton, Thornton Want Special Master Out Of Fee Dispute

    A special master who suggested a team of lawyers overbilled a class of 1,300 institutional State Street clients by at least $10 million has no authority to chime in when the law firms criticize the findings, Labaton Sucharow LLP and Thornton Law Firm LLP argued Monday.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Hedge Fund Manager Barred From Industry For $10.5M Fraud

    A former hedge fund manager behind bars for stealing from investors in a Ponzi-style operation can never again work in the securities industry and will satisfy his $7.9 million in civil liability when he pays down a parallel $10.5 million criminal restitution, a Massachusetts federal judge decided Monday.

  • August 6, 2018

    Energy Co. Fights Investors' 'Radically Overbroad' Cert. Bid

    American DG Energy Inc. urged a Massachusetts federal judge Monday to reject a bid to certify a class of investors who claim they were shortchanged by ADGE’s merger with another green energy company, arguing that the proposed class is “radically overbroad" and can't be certified.

  • August 6, 2018

    Exxon Urges 2nd Circ. To Revive Challenge To Climate Probes

    Exxon Mobil Corp. on Friday told the Second Circuit that a federal judge wrongly tossed its suit challenging climate change probes launched by attorneys general from Massachusetts and New York, saying its claims that the prosecutors are targeting the company's climate views easily clear the bar for plausibly alleging constitutional violations.

  • August 3, 2018

    Acacia Execs Strike Deal To End Derivative Suits

    Executives at Acacia Communications Inc. moved forward on Friday with a settlement to end shareholder derivative suits claiming the leaders of the Massachusetts fiber optics company sat on information about a decline in market share and thousands of defective modules.

  • August 3, 2018

    Racist, Sexist Behavior Rampant At Boston Agency, Suit Says

    A pair of former employees of Boston’s Water and Sewer Commission have filed an explosive suit in state court alleging they were subject to racist taunts, sexual harassment and gender discrimination and retaliated against when they filed a complaint.

  • August 3, 2018

    SEC Ends Exxon Climate Probe Without Charges

    As investigations by New York and Massachusetts attorneys general continue, the U.S. Securities and Exchange Commission on Thursday dropped its probe into Exxon Mobil Corp’s. climate change disclosures, the energy giant said. 

  • August 3, 2018

    Keryx Wants Auryxia Stock-Drop Suit Reconsidered

    Keryx Biopharmaceuticals Inc. has refused to accept a judge's decision that a proposed class action validly alleged that the company misled investors to believe it had mitigated supply chain risks before its stock tumbled due to a production delay of Auryxia, a treatment for symptoms of renal disease.

  • August 3, 2018

    Liberty Mutual Can't Escape Doc's Suit Yet, 1st Circ. Says

    The First Circuit on Thursday vacated a summary judgment from a Puerto Rico district court for Liberty Mutual Insurance Co., ruling the insurer may still be on the hook for claims against a hospital administrator seeking coverage for a medical malpractice suit.

  • August 2, 2018

    Labaton Bid To DQ Judge In $75M Fee Fight A Risky Move

    Labaton Sucharow LLP's failed attempt to have the First Circuit remove the judge presiding over a messy $75 million fee fight in State Street's fraud case highlights the dangers of a rare and risky play with a high chance of backfiring and further frustrating a judge the firm already believes to be biased, experts say.

  • August 2, 2018

    Uber's Spot In $22M BofA Fee Deal Not Unusual, Court Told

    Bank of America and account holders who claim they were improperly charged overdraft fees on Uber trips paid for by debit card defended their $22 million proposed class action settlement, telling a New York federal judge that the liability release Uber would get in the deal isn’t problematic.

  • August 2, 2018

    Artist Denied Access To Porn Pros Who Filmed In Rental Home

    An artist who’s suing an adult entertainment company for allegedly violating her copyrights by filming porn with her artwork in the background can’t have full exposure to the names of everyone involved in the shoots yet, a Massachusetts federal judge ruled Thursday.

  • August 2, 2018

    Mass. Judge Won't Pause Oman's Suit Over $5.6M Award

    A Massachusetts federal judge on Thursday denied an American mining company owner’s motion to pause a suit brought by Oman accusing him of failing to pay any part of a $5.6 million international arbitration award issued against him.

  • August 2, 2018

    1st Circ. Revives Woman's Hostile Work Environment Claim

    The First Circuit has revived part of a Puerto Rican woman's hostile work environment and retaliation suit, saying her bosses' alleged abuse and taunting occurred with enough frequency that a fact-finder could find they rise to the level of illegal behavior.

  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Boston Jury Convicts 'Hacktivist' Of Hospital Cyberattacks

    A federal jury in Boston has convicted a computer engineer and self-described “hacktivist” of using cyberattacks to cripple operating systems at two Boston-area hospitals for several weeks in 2014.

  • August 2, 2018

    Ford Can't Shave All Classes In Faulty Touch Screen Row

    A California federal judge kept intact certain state claims in a class action alleging Ford Motor Co. sold vehicles with faulty touch screens, shaving only a Massachusetts consumer fraud claim as the parties ready for trial after abandoning an estimated $50 million settlement that the judge called problematic.

Expert Analysis

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.

  • Get Your Mass. Brownfields Tax Credits For 5 More Years

    Ned Abelson

    With the finalization of the Massachusetts housing bond bill at the end of last month, the brownfield tax credit is now available for an additional five years to certain taxpayers who clean up qualifying sites. This article, from attorneys at Goulston & Storrs, provides a brief summary of the Massachusetts brownfields tax credit and the requirements to obtain it.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Massachusetts Patent Litigation Is Speeding Up

    Aaron Jacobs

    The District of Massachusetts recently issued an updated rule for scheduling and procedures in patent infringement cases, to make the district a more convenient venue. Perhaps the most important change is the newly accelerated litigation timeline, says Aaron Jacobs of Prince Lobel Tye LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.