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Massachusetts

  • January 4, 2019

    As The Ball Drops, Minimum Wage Rises In 19 States

    As the calendar flipped to January, 19 states as well as several cities saw their minimum wage rates tick upward, a trend that experts say is likely to continue, since the government hasn’t moved to increase the federal wage floor in a decade.

  • January 4, 2019

    Education Co. Agrees To $500M Debt Relief Over Fraud Claims

    Career Education Corp. has agreed to not collect nearly $500 million in student loan debts owed by more than 179,000 individuals across the country as part of a multistate settlement to resolve allegations the for-profit education company misled students about enrollment costs and job prospects, among other practices.

  • January 4, 2019

    Lone Ex-Georgeson Adviser Faces Fraud Retrial In Boston

    A single ex-Georgeson LLC adviser will be tried Monday for allegedly providing sports and concert tickets in exchange for an early peek at votes on shareholder proposals at huge public companies as three of her former colleagues wait to see whether the government will get a second chance to prosecute them.

  • January 4, 2019

    States Get Argument Time In Supreme Court Liquor Law Case

    Thirty-five states and the District of Columbia can participate as amici during oral arguments in an upcoming U.S. Supreme Court case dealing with residency requirements for out-of-state liquor retailers, the court ruled Friday.

  • January 4, 2019

    Abiomed Escapes $2.1M Equity Suit Brought By Fired Exec

    A Massachusetts federal judge handed a summary judgment win Friday to medical implant maker Abiomed in a wrongful firing suit, saying a fired executive had not shown the company was "on the brink" of a key regulatory approval in Japan that would have earned him 20,000 performance shares.

  • January 4, 2019

    Anyone Served In Mass. Can Be Sued In Mass., Justices Rule

    Massachusetts’ top court on Friday ruled that a nonresident can be sued in a Bay State court if served with a complaint while knowingly and voluntarily in the state, clarifying a previously unaddressed jurisdictional question and reviving a suit over a college softball hazing incident.

  • January 4, 2019

    Lyft Driver Wants Suit Tossed, Not Stayed, So He Can Appeal

    A Lyft driver whose lawsuit against the company was stayed and sent to arbitration last month asked a Massachusetts federal judge Thursday to dismiss the case instead, which would allow him to appeal to the First Circuit.

  • January 3, 2019

    GYNs Get Third Try At Cynosure 'Vaginal Rejuvenation' Suit

    Two gynecological practices can file a second amended complaint against cosmetic laser maker Cynosure, a Boston federal judge ruled Thursday, directing them to include more specific information about how the company allegedly duped them into buying its MonaLisa Touch product by marketing it for so-called “vaginal rejuvenation.”

  • January 3, 2019

    Panel Orders Hearing To See If Atty's Error Misled Refugee

    An evidentiary hearing will be needed to determine whether a Somali refugee was unfairly prejudiced when his lawyer incorrectly told him he would not risk deportation if he accepted a continuance without a finding in his larceny and assault case, the Massachusetts Appeals Court ruled Thursday.

  • January 3, 2019

    Pierce Bainbridge Expansion Continues With Boston Launch

    Litigation firm Pierce Bainbridge Beck Price & Hecht LLP kicked off the new year by expanding into Boston with the opening on Wednesday of the firm's fourth office, which its leaders say already exemplifies the young firm's forward-thinking approach to the practice of law.

  • January 3, 2019

    NYU Rips Claims Of Law Journal Bias Against White Men

    New York University School of Law on Thursday pushed back at a lawsuit claiming its law review discriminates against white men, saying its diversity policies are legal under U.S. Supreme Court precedent.

  • January 3, 2019

    Mass. Expands Occupancy Tax To Include Short-Term Rentals

    Massachusetts Gov. Charlie Baker has signed a bill that will expand the state’s occupancy tax to include short-term rentals and require operators to register with the state, in the first such statewide legislation in the country.

  • January 3, 2019

    17 AGs Appeal Ruling That Nixed Affordable Care Act

    The attorneys general for 16 states and the District of Columbia announced Thursday that they are appealing a controversial Texas federal court ruling last month that struck down the entire Affordable Care Act.

  • January 3, 2019

    Hogan Lovells Adds Ex-IBM VP To Boston Office

    Hogan Lovells LLP has added a senior counsel already working on a major acquisition for the firm to its Boston office, announcing Wednesday it has hired IBM's former vice president and assistant general counsel, David Walsh, who returned home to finish his career following a one-day retirement.

  • January 2, 2019

    Power Co.'s Actions Were No Accident, Zurich Tells 1st Circ.

    Zurich American Insurance Co. on Wednesday urged the First Circuit to overturn a lower court’s ruling that it must defend Electricity Maine LLC in a proposed class action claiming the power company overbilled customers by about $35 million, arguing that coverage is not available because the underlying action alleges only uncovered intentional conduct.

  • January 2, 2019

    Feds Request Pause In Border Search Case Due To Shutdown

    The U.S. government asked a Massachusetts federal judge on Wednesday to freeze discovery in a case challenging border agents' warrantless searches of cellphones and other devices, saying its lawyers have been unable to perform any work since funding to the U.S. Department of Justice lapsed on Dec. 21.

  • January 2, 2019

    New England Pipeline Upgrade Opponents Fail At DC Circ.

    The D.C. Circuit has denied a challenge to the Federal Energy Regulatory Commission's approval of an Enbridge Inc. unit's upgrade of a New England natural gas pipeline, disagreeing with the Massachusetts town of Weymouth, which claims the work wasn't in the public interest or environmentally sound.

  • January 2, 2019

    4 Post-Christmas IPO Filings Perk Up January Pipeline

    A Chinese online brokerage plus three biotechnology companies filed plans after Christmas for initial public offerings tentatively estimated to raise $572 million combined, moving ahead with deals that could price this month, assuming choppy markets don’t scare off issuers.

  • January 2, 2019

    Orrick Opens Boston Cyber Practice With Ex-Ropes Attys

    Orrick Herrington & Sutcliffe LLP on Wednesday opened the doors of a new privacy and cybersecurity practice in Boston’s Back Bay, led by a group of former Ropes & Gray LLP attorneys.

  • January 2, 2019

    Atlas Venture Lands $250M In Latest Fund

    Massachusetts-based venture capital firm Atlas Venture, which specializes in biotech investments, said on Wednesday that it has closed its first opportunity fund with $250 million in funding.

Expert Analysis

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • Climate Change Forecasts Trouble For The Insurance Industry

    Jeffrey Gordon

    The greater frequency and severity of weather-related catastrophes in areas with increasing property values present significant challenges for the insurance industry, especially in cities like Boston that are particularly susceptible to rising sea levels, says Jeffrey Gordon of Zelle LLP.

  • FinCEN Tightens The Net On Illicit Real Estate Deals

    Thomas Delaney

    Geographic targeting orders released this month indicate that the Financial Crimes Enforcement Network remains concerned about money laundering risks in the real estate sector — and the anonymity of transactions that use virtual currency, say attorneys with Mayer Brown LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.