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Massachusetts

  • May 23, 2018

    Necco Nets $18.8M In Bankruptcy Sale To Spangler Candy

    The company that makes Necco Wafers has a new owner, according to an order in Massachusetts federal court Wednesday showing that Spangler Candy Co., the maker of Dum Dums lollipops, shelled out $18.8 million to buy its fellow candy maker out of bankruptcy.

  • May 23, 2018

    Railcar Owner Denies Liability In Tater Tot Injury Suit

    Cryo-Trans Inc. told a Massachusetts federal judge Wednesday it should be dismissed from a lawsuit brought by a grocery-supply mover whose feet were crushed by a pallet of frozen Tater Tots that fell off a train car, arguing that it was not the company’s obligation to ensure the shipment was safely loaded.

  • May 23, 2018

    LL Bean Says Proposed Slipper Class Action Doesn't Fit

    L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.

  • May 23, 2018

    Ex-State Street VP Wants Gov't Agreement Nixed From Trial

    Former State Street Corp. Vice President Ross McLellan asked a Massachusetts federal judge Tuesday to exclude the company’s deferred prosecution agreement from his trial, saying the corporate guilty plea was too prejudicial to be used as evidence that he swindled clients.

  • May 23, 2018

    Families Of Parkland Shooting Victims Sue Smith & Wesson

    The families of two of the victims of the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, took aim Wednesday at a state law shielding gun manufacturers from lawsuits in a suit seeking to hold Smith & Wesson liable for the massacre.

  • May 23, 2018

    Mass. Loan Officer Gets 6 Months For Short-Selling Homes

    A Massachusetts loan officer on Wednesday was sentenced by a federal judge to six months behind bars after admitting to taking part in what prosecutors dubbed a "sweeping conspiracy" to defraud banks and mortgage companies by short-selling houses.

  • May 22, 2018

    Couples Can't Win Injunction In Deportation Suit, Gov't Says

    The federal government fought a bid Monday from a group of married couples to protect their noncitizen spouses from future deportation and detention by U.S. Immigration and Customs Enforcement, arguing that the agency has ultimate discretionary authority to enforce removal proceedings.

  • May 22, 2018

    Homeowners Say JPMorgan Forecloses Without Proper Notice

    A class action bumped up to federal court on Tuesday claimed JPMorgan Chase & Co. has foreclosed on “hundreds” of houses after homeowners missed three mortgage payments without attempting to confer with the owners as required by federal regulation.

  • May 22, 2018

    Ex-Insys Execs Rail Against 'Inflammatory' RICO Indictment

    Former executives at Insys Therapeutics Inc. blasted “inflammatory” drug-enterprise charges against them on Monday in a bid to dismiss a lengthy indictment claiming they bribed doctors to prescribe the company’s expensive fentanyl spray, calling the allegations “ugly insinuations about lawful business practices.”

  • May 22, 2018

    Candy Co. Necco Set For Ch. 11 Auction With 4 Bids In Hand

    Bankrupt candy manufacturer Necco is set to sell its line of sweets and other assets to one of four qualified bidders at a Chapter 11 auction scheduled to take place Wednesday in Boston, all but ensuring the estate nets at least $15 million from the deal.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.

  • May 22, 2018

    Poor Families Need 'Kid Vid' Programming Rules, Dems Say

    A group of Democratic senators has urged the Federal Communications Commission to keep intact its rules governing children's educational programming, saying that low-income households still rely on the free, over-the-air "kid vid" content amid a proliferation of streaming services and other online video sources.

  • May 22, 2018

    GSK Gets Generic Suits Tossed From Zofran MDL

    Three women who took a generic version of a nausea treatment developed by GlaxoSmithKline LLC can’t sue the branded drugmaker for injuries allegedly caused by a generic product, a Massachusetts federal judge said Monday when dismissing their allegations from multidistrict litigation.

  • May 22, 2018

    FDA Warning Wire: Rodent Feces At Mass. Candy Plant

    The U.S. Food and Drug Administration was sour on rodent feces found at a historic Massachusetts candy maker, issued slap-downs on kratom distributors and blasted companies that claimed that their dietary supplements could protect skin from the sun.

  • May 22, 2018

    New Era Hit With TM Suit Over 'Fear Of God' Cap Line

    New Era Cap Co. Inc. was hit with a trademark suit on Tuesday in federal court by a Massachusetts religious apparel company started by a college student who says the baseball hat maker, which provides caps for Major League Baseball and recently released its Fear of God cap line, is illegally blocking her trademark petition.

  • May 22, 2018

    Seaport Hotel Says Newbie Is Ripping Off Its Prestigious Name

    Boston's Seaport Hotel late Monday hit a soon-to-be competitor, a planned $550 million, 1,055-room hotel to be styled the Omni Boston Seaport Hotel, with a trademark suit in Massachusetts federal court, saying the similar name infringes on its well-established brand.

  • May 21, 2018

    1st Circ. Says Food Stamp-Fraud Proof Burden Is On Grocer

    In a case of first impression, the First Circuit ruled Monday that the burden of proof for rebutting food stamp fraud allegations falls on a grocer, in a case against a store that claimed to sell pricey goat and camel meat and catered to Somali immigrants.

  • May 21, 2018

    Jury Convicts Calif. Atty In $1.5M Pump-And-Dump Scheme

    A federal jury in Boston convicted a California attorney Monday of assisting his two brothers and a handful of others in a 2012 pump-and-dump scheme that reaped at least $1.5 million.

  • May 21, 2018

    Mass. Tech Co. Says Ex-Employees Gave Secrets To Rival

    A Massachusetts semiconductor maker on Monday sued a Bay State competitor, claiming three former employees who had jumped ship brought with them trade secrets that have led to two different patents being infringed.

  • May 21, 2018

    Jones Day, Davis Polk Guide $11B Wabtec, GE Rail Tie-Up

    Rail products and services firm Wabtec Corp. will combine with General Electric Co.’s transportation unit in a deal valued at $11.1 billion, with Jones Day and Davis Polk & Wardwell LLP guiding Wabtec and GE, respectively, the companies announced Monday.

Expert Analysis

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Courts Remain Skeptical Of FCA Statistical Arguments

    Robert Rhoad

    A Massachusetts federal court's ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Federal Vs. State: The Fight To Regulate Student Loans

    Joseph Cioffi

    In the absence of federal action, states have generally enjoyed the home-field advantage when it comes to enforcement of student loans, but that could change, say Joseph Cioffi and James Serritella of Davis & Gilbert LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Higher Education Should Note Recent Title VII Rulings

    Tina Sciocchetti

    Several recent appellate court decisions have held that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation. With this changing legal landscape, schools should expect the possibility of a similar expansion of anti-sex discrimination rights under Title IX of the Education Amendments of 1972, say attorneys with Nixon Peabody LLP.

  • Goldilocks And The 3 Stable Value Fund Lawsuits

    Samuel Block

    The First Circuit recently upheld the dismissal of a claim that Fidelity Management Trust Company’s stable value fund was too conservative. While the decision may lead to fairy tale endings for First Circuit defendants, companies can't be as certain that these types of lawsuits — including those claiming funds are too risky or not offered at all — will never return, say attorneys with Mayer Brown LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.