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Massachusetts

  • July 26, 2018

    AGs Sue Labor Dept. Over Association Health Plan Rule

    Eleven states and the District of Columbia challenged the U.S. Department of Labor's final rule on association health plans in a lawsuit filed Thursday in D.C. federal court, saying the rule unlawfully expands the agency's interpretation of the Employee Retirement Income Security Act's definition of "employer" and flouts the Affordable Care Act and Administrative Procedure Act.

  • July 26, 2018

    Mass AG, RI Sen. Back Truckers In High Court Arbitration Row

    Massachusetts’ attorney general and the junior senator from Rhode Island, who is also a former Ocean State attorney general and U.S. attorney, each told the U.S. Supreme Court on Thursday that trucking company New Prime Inc. should not be able to compel arbitration in a class action brought by independent contractor truck-driver apprentices who say they were denied proper minimum wage.

  • July 26, 2018

    Boston IP Firm Can't Represent Former Client's Rival

    A Boston federal judge disqualified intellectual property law firm Sunstein Kann Murphy & Timbers LLP from representing a long-term software development client in a patent dispute with a former Sunstein Kann client, saying Thursday that the firm still represented both parties when the dispute arose.

  • July 26, 2018

    600 Lb Gorillas Can't Expand Suit On Eve Of Ice Cream Trial

    Dessert company 600 lb Gorillas Inc. cannot add a New Jersey state law claim to its suit against ice cream supplier Mister Cookie Face LLC, a Massachusetts federal judge ruled Thursday, hours before a Boston trial was set to commence in their contract dispute.

  • July 25, 2018

    Pharma Statisticians Say Insider Trading Trial Was Tainted

    Two statisticians convicted of swapping confidential stock tips about their pharma employers' test-stage drugs asked a Massachusetts federal court Tuesday to replace their insider trading convictions with judgments of acquittal, saying the evidence shown to the jury diverged from federal prosecutors' charges.

  • July 25, 2018

    Fed. Circ. Nixes Boston University's $14M LED Patent Win

    The Federal Circuit overturned a nearly $14 million infringement verdict against three LED manufacturers on Wednesday, finding that the claim in Boston University's patent that they allegedly infringed describes something physically impossible, making it ineligible for patent protection.

  • July 25, 2018

    Gene Editing Co. Bluebird Bio Offers 3.4M Shares At $162

    Bluebird Bio Inc. put up for sale nearly 3.4 million more shares of common stock this week at $162.50 per share in a public offering from the longtime member of the bio-pharma hub in  Cambridge, Massachusetts. 

  • July 25, 2018

    Mister Cookie Face Rips Gorillas' Bid To Add NJ Claim

    Dessert maker Mister Cookie Face LLC cried foul on a bid by its former customer 600 lb. Gorillas Inc. to amend its complaint only days before a trial between the two over the butterfat content in ice cream by adding a claim under the New Jersey Consumer Fraud Act, according to an opposition filed Wednesday in Massachusetts federal court.

  • July 25, 2018

    US, France Sanction Cos. That Gave Weapons Tech To Syria

    In a coordinated action with the French government, the U.S. Department of the Treasury has slapped sanctions on a group of electronics companies and affiliated people after determining they helped Syria build up its chemical weapons program, the department said Wednesday.

  • July 25, 2018

    Skier Asks 1st Circ. To Saddle Resort For Pole Collision

    A New Yorker who skied into a snow-covered pole in New Hampshire asked the First Circuit on Wednesday to hold Mount Sunapee Resort responsible for his injuries, challenging the legality of a small-print liability release on the back of his lift ticket.

  • July 25, 2018

    Boston Globe Sued For Publishing Hernandez Fiancée's Pic

    Prolific copyright plaintiffs counsel Liebowitz Law Firm PLLC hit The Boston Globe with an infringement suit in New York federal court Tuesday, alleging the newspaper's website published without permission a photograph of the late NFL player Aaron Hernandez's pregnant former fiancée, Shayanna Jenkins.

  • July 25, 2018

    Boston Scientific Chips Away At Nevro Patents, Beats IP Suit

    A California federal judge invalidated several claims of four Nevro Corp. patents covering spinal cord stimulation technology Tuesday and ruled that Boston Scientific Corp. didn’t infringe the remaining claims with its own technology.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Kirkland Reps Grubhub In $390M Deal For PE-Backed LevelUp

    Online and mobile food-ordering and delivery service Grubhub Inc. said Wednesday it has agreed to buy Boston-based private equity-backed mobile dining engagement and payment solutions company LevelUp for $390 million in cash, in a deal that was guided by Kirkland & Ellis LLP.

  • July 25, 2018

    Prison Phone Cos. Push Back On Efforts To Halt Merger

    Prison phone operators Securus Technologies Inc. and Inmate Calling Solutions LLC have fired back at opponents of a proposed merger between the companies, telling the Federal Communications Commission that critics have misstated the facts about the impact of the deal on the market for inmate phone service.

  • July 25, 2018

    1st Circ. Denies Labaton Bid To DQ Judge In $75M Fee Fight

    The First Circuit on Wednesday denied an emergency request by Labaton Sucharow LLP seeking to have the federal judge overseeing a messy $75 million attorneys' fee fight removed, saying the firm did not meet the high bar necessary for such a step.

  • July 25, 2018

    Harvard Pilgrim's ERISA Denial Questioned By 1st Circ.

    The First Circuit grilled a lawyer for Harvard Pilgrim Health Care on Wednesday over why it denied a young woman's claim for payment for inpatient mental health services she said she was entitled to under the Employee Retirement Income Security Act.

  • July 24, 2018

    Textron Must Disclose Legal Advice On Cluster Bomb Deal

    Textron Systems Corp. must turn over documents surrounding legal advice it received 14 years ago that could shed light on whether the last U.S. company to have manufactured cluster bombs was justified in cutting a Saudi consultant out of a $1 billion deal, a Massachusetts federal judge ruled Tuesday.

  • July 24, 2018

    Feds Say Evidence Easily Ties Ex-State Street Exec To Fraud

    Federal prosecutors on Tuesday defended the legitimacy of a conspiracy and fraud conviction of a former State Street executive, arguing against the broker-dealer’s bid for a judge to overrule a jury’s decision and acquit him.

  • July 24, 2018

    Judge Defends 'Deflategate' Ruling After Autograph Request

    Just when it seemed that the so-called Deflategate case involving New England Patriots quarterback Tom Brady was history, the New York federal judge who sided with the quarterback and players union filed a letter in the case docket saying he stands by his decision while respectfully declining a fan’s request for his autograph.

Expert Analysis

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Opinion

    We Need A Federal Plan To Combat Sea Level Rise

    Michael Parker

    Climate resiliency measures to abate future disasters in coastal cities like Boston need to be taken now to avoid disasters and save hundreds of billions of dollars in the future. But climate change needs a master plan; it cannot be left to thousands of cities to coordinate efforts — that is what our federal system is for, says Michael Parker of Rackemann Sawyer & Brewster.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Why Fossil Fuel Generation Facilities May Be Overvalued

    Mark Lansing

    As renewable energy and energy storage drive electricity prices down, generation revenues should further decline, which should lower the valuation of coal, nuclear and natural gas power plants. Yet assessments of fossil fuel generation assets have generally remained steady, suggesting they are being significantly overvalued, says Mark Lansing of Dickinson Wright PLLC.