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Massachusetts

  • September 27, 2018

    Lilly Migraine Med's Uncertain Future Kills Teva's Patent Suit

    A Massachusetts federal judge on Thursday cleared Eli Lilly and Co. from allegations that it infringed nine Teva Pharmaceuticals patents by preparing to launch a new migraine biologic, finding the suit is premature given that the U.S. Food and Drug Administration is still deciding whether to approve Lilly’s drug.

  • September 27, 2018

    Fidelity Leads Ultrasound Co.'s $250M Funding Round

    Ultrasound technology company Butterfly Network Inc. said Thursday it has raised $250 million in funding led by Boston-based asset manager Fidelity Investments Inc. that will help create new technologies and hire new employees.

  • September 26, 2018

    Virtual Money Is Commodity Fit For CFTC Regs, Judge Says

    Cryptocurrencies categorically meet the definition of a "commodity" and fall within the jurisdiction of the U.S. Commodity Futures Trading Commission, a Massachusetts federal judge ruled Wednesday, allowing the agency to pursue fraud allegations against the founder and lead salesman of My Big Coin Inc.

  • September 26, 2018

    Air Force Subcontractor Demands Pay For Work On Base

    A plumbing company hit a U.S. Air Force contractor with a $1.3 million contract suit in Massachusetts federal court Wednesday for allegedly failing to pay it for work on a local military base.

  • September 26, 2018

    3 Firms Steer Alexion’s Deal For VC-Backed Syntimmune

    Boston-based biopharmaceutical company Alexion Pharmaceuticals Inc. has agreed to buy venture capital-backed Syntimmune in an up to $1.2 billion deal guided by Foley Hoag LLP, Goodwin Procter LLP and Sullivan & Cromwell LLP, the companies said Wednesday.

  • September 26, 2018

    Brazilian Education Tech Co. Leads 4 IPOs Totaling $477M

    Arco Platform Ltd., a Brazilian provider of technology-enabled educational content for K-12 schools, on Tuesday said it raised roughly $194.4 million in an initial public offering, the largest in a quartet of companies including SurveyMonkey, Entasis Therapeutics and Capital Bancorp whose IPOs together reaped around $477 million this week.

  • September 26, 2018

    2 Firms Steer Automation Co.'s $450M Genomics Buy

    Brooks Automation Inc. said Wednesday it will pay $450 million to acquire Genewiz Group, a privately held New Jersey genomics and gene sequencing firm, with Mintz Levin Cohn Ferris Glovsky and Popeo PC guiding the semiconductor automation and cryogenics company and Shearman and Sterling LLP guiding Genewiz.

  • September 26, 2018

    Doctor DQ'd From Testifying About Opioids In Insys Case

    A Massachusetts federal judge on Wednesday disqualified an expert on pain management and opioids from testifying at the 2019 racketeering trial of former executives at drugmaker Insys Therapeutics Inc., whose counsel at Wilkinson Walsh Eskovitz LLP accused the expert of double-crossing them.

  • September 26, 2018

    NFL, Union Beat Sports Agent's Pro Se Antitrust Suit

    The National Football League and the NFL Players Association won a dismissal of a lawsuit filed by a former player agent who was decertified by a rule mandating agents sign at least one player every three years, as a Massachusetts federal judge ruled Wednesday the rule falls within the league’s collective bargaining agreement.

  • September 26, 2018

    Au Pair Regs Preempt State Laws, Feds Tells 1st Circ.

    The state of Massachusetts may not require au pairs to be treated as employees who must be paid the state’s minimum wage and be subject to other state labor laws, as the program falls under federal guidelines, the federal government told the First Circuit on Tuesday.

  • September 26, 2018

    Uber, States Strike $148M Deal To End Data Breach Dispute

    Uber Technologies Inc. on Wednesday agreed to pay $148 million in a joint settlement reached with the top law enforcement officers of all 50 U.S. states over a massive 2016 data breach the company admitted it paid the hackers to cover up.

  • September 25, 2018

    White House Can't Block Discovery In Census Fight

    The Second Circuit refused Tuesday to block states including New York from taking what the Trump administration called "wide-ranging" discovery in a fight over what motivated the addition of a controversial question about citizenship status to the 2020 census.

  • September 25, 2018

    Ocean Spray Hit With Class Suit Over Artificial-Free Label

    Consumers filed suit against Ocean Spray in Massachusetts federal court Monday, saying the company falsely advertised its juices as having no artificial flavors.

  • September 25, 2018

    ERISA Plan Doesn't Cover Boarding School: Harvard Pilgrim

    A health care plan issued under the Employee Retirement Income Security Act does not cover a Massachusetts child's six-figure stay at a therapeutic boarding school in Utah because the service was not pre-approved, in-network or an emergency, Harvard Pilgrim Health Care Inc. told a Utah federal judge Monday.

  • September 25, 2018

    Memo In State St. Case Ties Labaton Proxy To Ark. Politician

    The Massachusetts federal judge overseeing a probe of an eight-figure plaintiff fee award in the $300 million State Street class action unsealed a report Tuesday saying a Texas lawyer and a former Arkansas state senator played a "significant role" in securing the case for plaintiffs firm Labaton Sucharow LLP.

  • September 25, 2018

    17 AGs Back Mass. In Trump Birth Control Rules Challenge

    Pennsylvania and 16 other states threw their support behind Massachusetts' First Circuit bid to revive its challenge to Trump administration rules exempting employers with moral or religious objections from providing birth control coverage under the Affordable Care Act.

  • September 25, 2018

    3D Printing Rivals Spied On Each Other, Mass. Jury Hears

    Two rival three-dimensional printing companies gave a jury different accounts of trade secret theft allegations as their trial began in a Boston courtroom on Tuesday, laying out a dispute that reads like a spy thriller.

  • September 25, 2018

    Construction Co. Fights Copyright Suit Over Sandwich Photo

    Construction company Tocci Building Corp. on Tuesday said a Florida-based photography firm cannot sue Tocci in Massachusetts federal court for allegedly using, without permission, a copyrighted image of a sandwich to encourage employees to bring packed lunches to job sites.

  • September 24, 2018

    Prosecutors Can Tell 3rd NECC Jury About Meningitis Pain

    Low-level pharmacists at the shuttered New England Compounding Center whose bosses have been convicted of causing a drug contamination that gave patients meningitis cannot preclude prosecutors from telling jurors next month about the horrendous pain caused by their supervisors, a Massachusetts federal judge ruled Monday.

  • September 24, 2018

    Mass. AG Pans Grid Operator's Power Plant Rescue Plan

    Regional grid operator ISO New England's plan to pay struggling power plants in the name of regional fuel security could saddle consumers with more than $1 billion worth of unjust and unreasonable rates if approved by the Federal Energy Regulatory Commission, the Massachusetts attorney general's office said Friday.

Expert Analysis

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.