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Massachusetts

  • October 1, 2018

    Mass. Hospital Must Face Ex-Employee's Discrimination Suit

    A Massachusetts federal judge on Saturday ruled that a former research administrator can proceed with his discrimination suit against Massachusetts General Hospital alleging that he was wrongfully terminated after corroborating a colleague's sexual harassment claim and questioning salary paid to his boss' wife after she left the hospital.

  • October 1, 2018

    Real Estate Rumors: Blackstone, Wells Fargo, Elion Partners

    Blackstone Real Estate Income Trust has reportedly landed a $257 million CMBS loan for hotels in Florida, California, Massachusetts and beyond, Broward Health is said to be seeking to buy a Florida property from Wells Fargo, and an Elion Partners venture is said to have bought a New York residential and retail portfolio for $83 million.

  • October 1, 2018

    Doc Traded On Wife's Cancer Drug Knowledge, Jury Hears

    A Massachusetts cannabis doctor sold stock in Ariad Pharmaceuticals after his wife met with the U.S. Food and Drug Administration about the risks of the company's leukemia drug, prosecutors told a federal jury in Boston on Monday.

  • October 1, 2018

    'So Help Me God' OK In Naturalization Oath, Judge Rules

    A Massachusetts federal judge has upheld the constitutionality of the phrase “so help me God” in the U.S. naturalization oath, striking down a challenge from a prominent atheist attorney who on Monday called the ruling the latest in a line of “shameful” judgments affirming government-sanctioned discrimination.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Lyft Drivers Shift Claims, Tell 1st Circ. Terms Were Obscured

    Lyft drivers fighting to revive a class action over their employment status have shifted arguments at the First Circuit in light of two recent court rulings, moving from holding that a class waiver violated their right to organize to saying Lyft Inc. hid its terms in an online scroll box.

  • September 28, 2018

    Mashpee Tribe Sues Again In Ongoing Land-Into-Trust Dispute

    A Massachusetts tribe fighting to have its land held in trust so it can build a casino has sued the U.S. Department of the Interior in D.C. federal court after the agency ruled for a second time that it did not meet the definition of a tribe under the Indian Reorganization Act.

  • September 28, 2018

    Harvard, Rejected Applicants Must Go To Trial, Judge Rules

    Only a bench trial can resolve claims that Harvard University’s undergraduate arm discriminates against Asian-American applicants, a Massachusetts federal judge ruled Friday, denying cross-motions for summary judgment in a closely watched civil rights case.

  • September 28, 2018

    Harvard Cyberlaw Clinic Backs Airbnb In Rowdy Guest Suit

    Harvard Law School’s Cyberlaw Clinic has urged the Ninth Circuit not to touch a lower court decision ending a corporate landlord's lawsuit accusing Airbnb of helping tenants break building rules and host rowdy guests, saying that a revival of the suit could undermine Communications Decency Act protections of internet startups.

  • September 28, 2018

    Teva Revives Patent Fight After FDA OKs Lilly's Migraine Drug

    Hours after a Massachusetts federal judge said Teva Pharmaceuticals couldn't sue Eli Lilly & Co. for infringing patents tied to a migraine biologic because Lilly's version lacked U.S. Food and Drug Administration approval, the agency cleared the drug and Teva sued again.

  • September 28, 2018

    Docs, Atty To Try Settling After $18M Malpractice Verdict

    An attorney who said he was left with severe health problems and unable to practice law after three doctors failed to properly diagnose his HIV will take one more stab at settling, even after being awarded an $18.4 million jury verdict, after the doctors on Friday in Massachusetts federal court made a bid to decrease the award.

  • September 28, 2018

    Boston Nonprofit Exec Indicted For Embezzling Over $1M

    A former executive at a Boston nonprofit was charged with allegedly embezzling more than $1.3 million from company bank accounts, the U.S. attorney for Massachusetts said on Thursday.

  • September 28, 2018

    Taxation With Representation: Simpson, Cleary, Choate

    In this week’s Taxation with Representation, Sirius XM bought Pandora Media for $3.5 billion, Michael Kors Holdings bought Versace for $2.12 billion, a Digital Realty Trust subsidiary bought Ascenty Holdings for $1.8 billion, and Consolidated Edison bought a U.S. renewable energy unit from Sempra Energy for $1.5 billion.

  • September 28, 2018

    Rocket-er Docket: Mass. IP Case Sees 2 Trials In 6 Months

    Court watchers have been left marveling at the rapid pace of an intellectual property dispute between a pair of Massachusetts 3D printing rivals, which raced to trial in less than four months this summer and saw a second trial between the two end Thursday.

  • September 27, 2018

    States Stake Claim To Privacy Role With Uber Breach Pact

    State attorneys general demonstrated their disdain for blatant failures to report data security incidents in hitting Uber with a record $148 million penalty for attempting to cover up a 2016 breach, solidifying their role as active and aggressive privacy enforcers at a time when efforts to codify a national framework threaten their powers, attorneys say. 

  • September 27, 2018

    KDB Expands Intellectual Property Force With 5 Hires

    Kacvinsky Daisak Bluni PLLC onboarded five attorneys during the first days of autumn in Boston, New York and Washington, D.C., substantially expanding a national intellectual property team that prides itself on a boutique culture even as it plants its feet in a dozen states.

  • September 27, 2018

    JPMorgan Chase Says Foreclosure Class Suit Lacks Standing

    Mortgage lender JPMorgan Chase Bank NA told a Massachusetts federal judge Wednesday that a putative class action suit brought by homeowners who were notified their properties would be foreclosed on by the bank should be tossed because the named plaintiff doesn’t have standing to bring such an action.

  • September 27, 2018

    3D Printing Rivals Settle IP Dispute Just Days Into Trial

    A pair of Massachusetts-based 3D printing rivals, just four days into the second trial between the two within a six-month span, settled dueling claims that they stole each other’s trade secrets.

  • September 27, 2018

    Mass. Justices Revive Claims KPMG Missed Signs Of Fraud

    Massachusetts’ highest court reopened a consumer protection case against KPMG LLC on Thursday, ordering a state trial judge to reconsider whether the Big Four accounting firm is liable for failing to catch a $6 million fraudulent student-loan scheme during years of auditing finances at Merrimack College.

  • September 27, 2018

    Skadden, Gibson Dunn Aid Keurig's $435M Purchase Of Core

    Massachusetts-based coffee and beverage company Keurig Dr Pepper Inc. said on Thursday that it has agreed to acquire Core Nutrition LLC at a value of $525 million, in a deal that was guided by Skadden Arps Slate Meagher & Flom LLP and Gibson Dunn & Crutcher LLP.

Expert Analysis

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.