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Massachusetts

  • June 5, 2018

    Deal OK Sought In OvaScience Director Compensation Suit

    An OvaScience Inc. shareholder asked a Delaware federal court Monday for preliminary approval of a derivative action settlement that would allow stockholders to vote on a compensation cap for nonemployee directors of the fertility treatment developer.

  • June 4, 2018

    Olin Blasts Bid For Win By Lamorak After $55M Order

    Chemical maker Olin Corp. has asked a New York federal court to shut down Lamorak Insurance Co.'s request to go after fellow insurers to pay off a $130 million judgment, saying it would reward Lamorak for bad behavior and punish the other insurers for settling early on.

  • June 4, 2018

    States Backing Census Citizenship Query Wade Into NY Fight

    A group of 18 states including Florida, Michigan, Oklahoma and Texas got permission from a New York federal judge Monday to join the side of the Trump administration against a coalition of states that has sued to block the controversial decision to add a question on citizenship status to the 2020 census.

  • June 4, 2018

    End-Payor Attys Want $16M From $43M Medicis, Impax Deals

    Motley Rice LLC and Hilliard & Shadowen LLP asked a Massachusetts federal judge Friday for a one-third cut plus $1.6 million in litigation expenses from $43 million in settlements they secured from Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • June 4, 2018

    The Jury's In For Ex-State Street Exec's Fraud Trial

    A federal jury was impaneled Monday in Boston to hear a four-week trial and decide whether a former State Street executive used his role overseeing global asset transitions to overcharge clients, including the retirement funds for British postal workers and Irish treasury employees.

  • June 4, 2018

    College Aims To Move Wrongful Death Suit By Athlete's Family

    A Massachusetts college that is a defendant in a New Jersey state court case in which the family of a football player who died of cardiac arrest after practice is claiming wrongful death has filed for removal of the case to federal court.

  • June 4, 2018

    Atty Must Serve $318M Nigerian Gov’t Fee Request Himself

    An attorney is on his own in recouping $318 million in fees he said he's owed in securing a 2013 judgment against the federal government of Nigeria, as a Massachusetts federal judge said Monday that the court does not yet need to step in on his behalf.

  • June 4, 2018

    1st Circ. May Ask State Dept. To Weigh In On Au Pair Case

    The First Circuit on Monday suggested it may turn to the U.S. Department of State to help settle a dispute about whether au pairs should be treated as employees subject to Massachusetts labor laws or as part of a cultural exchange program.

  • June 1, 2018

    Women Say Mass. Fishery Ignored Their Sexual Harassment

    Three women who spurred a U.S. Equal Employment Opportunity Commission class action against Atlantic Capes Fisheries Inc. added new details to the case on Friday about a supervisor they say relentlessly harassed them and the managers who allegedly turned a blind eye.

  • June 1, 2018

    17 Govs. Reaffirm GHG Goals 1 Year After Trump's Paris Vow

    A year after President Donald Trump announced he was reversing his predecessor’s commitment to the Paris Agreement aimed at lowering climate change-causing greenhouse gas emissions, a coalition of 17 governors reaffirmed on Friday that they wanted to push toward the deal’s goals anyway.

  • June 1, 2018

    Momenta, Sandoz Denied Mid-Suit Antitrust Claims Appeal

    Momenta Pharmaceuticals Inc. and Sandoz Inc. cannot ask the First Circuit to opine on the validity of an antitrust case against them because the generic-drug companies’ legal questions are inseparable from factual ones, a federal judge ruled Friday.

  • June 1, 2018

    Rockport Creditors Challenge Bid Protections In Ch. 11

    The Rockport Co. LLC’s unsecured creditors objected Friday to proposed protections in the footwear maker’s agreement with a stalking horse bidder, saying a $4.5 million breakup fee and $2 million expense reimbursement aren’t appropriate because they’d be due even if the bidder killed the deal, forcing the debtor to liquidate.

  • June 1, 2018

    CYS Investor Sues To Halt $1.2B Two Harbors Deal

    A CYS Investments Inc. stockholder filed a putative class action Friday in Massachusetts federal court seeking to block a $1.2 billion sale of the real estate investment trust to Two Harbors Investment Corp., saying the companies hid details about the merger process from investors in violation of the Securities and Exchange Act.

  • June 1, 2018

    Necco Sold To Backup Bidder After Canceled Auction Deal

    The bankrupt New England Confectionery Co., which manufactures candies including Necco Wafers and Sweethearts, agreed to a $17.3 million takeover by the second highest bidder of a Chapter 11 auction last month after the winning bidder walked away from the deal, the companies said on Friday.

  • June 1, 2018

    Pet Food Co. Says Unsafe Dog Chow Claims Have No Bite

    Champion Petfoods USA Inc. bit back against a putative class action late Thursday, asking a Massachusetts federal judge to toss claims that its Acana and Orijen brands of pet food are tainted with mercury, lead and arsenic, saying the suit has failed to show the products are harmful to man’s best friend.

  • June 1, 2018

    Mercedes Doubles Down On Effort To Toss Radiator Suit

    Mercedes-Benz on Thursday again rebuked a driver’s amended putative class action accusing the automaker of concealing knowledge that it equipped some of its cars with faulty radiators, telling a Massachusetts federal judge the driver who filed the suit incorrectly believes he is entitled to “free repairs in perpetuity.”

  • June 1, 2018

    Health Hires: K&L Gates, Womble Bond, Bellicum Pharma

    Jones Day has lost a pair of life sciences patent attorneys to K&L Gates LLP and Womble Bond Dickinson, and Bellicum Pharmaceuticals Inc. has named an in-house veteran as its new general counsel.

  • May 31, 2018

    Energy-Coupon Founder Must Dish On Merger, 1st Circ. Rules

    The Massachusetts founder of a company that promotes energy efficiency through utilities coupons cannot dodge deposition questions concerning a merger deal that’s given rise to two opposing securities lawsuits seeking a combined $70 million, the First Circuit has decided, reversing a lower judge's ruling in an opinion unsealed Wednesday.

  • May 31, 2018

    Latham's $60K Fee Bid Against Prof 'Astonishing,' Judge Says

    Attorneys at Latham & Watkins LLP requested $60,000 in attorneys’ fees for defeating a Harvard University professor’s wiretapping lawsuit, but were met with reluctance at a hearing in Massachusetts district court on Thursday.

  • May 31, 2018

    Feds To Depose 12 New Docs In FCA Case Over Hep B Tests

    The federal government will be allowed to depose a dozen doctors, well short of the 95 it had initially requested, in a False Claims Act suit against Fresenius Medical Care Holdings Inc. over allegedly fraudulently billed hepatitis B tests, a Massachusetts federal judge ruled on Thursday.

Expert Analysis

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • How To Withdraw From Representation Ethically In Mass.

    Christopher Blazejewski

    The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has appeared in court for a client: Withdrawing from a case is not as easy as appearing in one. The attorney withdrawal process in Massachusetts follows similar principles as other jurisdictions, though certain details vary, say Christopher Blazejewski and Jessica Kelly of Sherin & Lodgen LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • Interpreting The Stop-Time Rule In Pereira V. Sessions

    Denyse Sabagh

    The U.S. Supreme Court recently heard oral arguments in Pereira v. Sessions, an immigration case that questions the clarity (or lack thereof) of the Immigration and Nationality Act's "stop-time" rule. A key practical issue seemed to be on the mind of many of the justices ― immigration courts are notoriously backlogged, say attorneys with Duane Morris LLP.