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Massachusetts

  • December 14, 2018

    Without Experts, Mass. Fatality Suit Doomed, Toyota Says

    Toyota Motor Corp. told a federal judge Friday it should escape a wrongful death lawsuit brought by the family of a deceased Massachusetts man because the family has failed to show, through expert testimony, that the 2016 Tacoma he was in the day he died was defective.

  • December 14, 2018

    Investors Accuse Calif. Company Of Concealing Crypto Focus

    Investors in Sacramento, California-based Sunstock Inc. filed suit against the company Thursday in Boston federal court, saying it told the public it had a retail store, residential properties and a stockpile of silver when actually it was putting resources into crypto tokens.

  • December 14, 2018

    Feds Reap Record $405M For Mass. Offshore Wind Leases

    Three offshore wind developers ponied up a record $405 million to secure federal leases to build wind farms off the Massachusetts coast, the U.S. Department of the Interior said Friday, a development that validates project attorneys' belief that the industry is poised for a major leap forward.  

  • December 14, 2018

    The 6 Biggest Law Firm Mergers Of 2018

    The legal sector was rocked by announcements of six massive law firm mergers in 2018, adding to a string of behemoth combinations over the past decade that many believe are leading to the consolidation of the industry into a handful of giants.

  • December 13, 2018

    1st Circ. OKs 30-Day Auto Stay Limit For Repeat Ch. 13 Filers

    Debtors who find themselves in Chapter 13 bankruptcy twice within a year only get the benefits of the litigation-blocking automatic stay for 30 days on the second go-around, after which it terminates completely, the First Circuit ruled Wednesday, affirming two lower courts’ decisions.

  • December 13, 2018

    Senate Dems Call For Deutsche Bank Probe After AML Raid

    Two Senate Democrats called for a bipartisan investigation into Deutsche Bank AG's compliance with federal anti-money laundering laws and its correspondent banking operations in a letter to their colleagues in the Senate Banking Committee on Thursday, citing German authorities' recent raid on the bank and its "history of regulatory problems."

  • December 13, 2018

    6 Things That Rocked The Legal Industry In 2018

    From a pitched battle over a U.S. Supreme Court nomination to a sea change in the way that legal employers consider their attorneys' mental health and well-being, these were some of the most significant events and trends to hit the legal industry in 2018.

  • December 13, 2018

    Mass. Appeals Court Cuts Oil Spill Payment In Half

    A Massachusetts appeals court on Thursday said an oil and heating company was entitled to save more than $131,000 in a jury verdict over an oil spill, ruling half the payment for a negligence judgment is offset by money the oil company’s insurer already paid to fix the damaged property.

  • December 13, 2018

    Top 10 Trademark Rulings Of 2018

    From Beyonce to "Honey Badger" to Converse's Chuck Taylor, 2018 was chock-full of major court rulings on trademark law. Here are the 10 biggest you need to remember, plus four more that didn't make the cut.

  • December 13, 2018

    9th Circ. Won't Revive Long-Running Raytheon FCA Suit

    The Ninth Circuit has refused to revive a long-running whistleblower suit that accuses Raytheon of bilking the federal government on a satellite sensor contract, saying the relator had failed to provide sufficient information about the company’s alleged False Claims Act violations despite six attempts to do so.

  • December 13, 2018

    5 Of 6 NECC Defendants Guilty In Latest Trial

    A jury found five of six former New England Compounding Center employees guilty Thursday morning after a week of deliberations in Boston federal court in the third criminal trial related to the Framingham, Massachusetts, facility, whose contaminated steroids killed 64 and infected almost 800 others in a nationwide meningitis outbreak in 2012.

  • December 13, 2018

    'Boilerplate' Defense Can't Spare Transit Unit In Assault Suit

    A “boilerplate” defense by the Massachusetts Bay Transportation Authority in a suit involving a bus driver who allegedly attacked a passenger lacked the specificity necessary to kill a negligence claim against the state agency, the Bay State’s top appellate court ruled Wednesday.

  • December 13, 2018

    2018 State And Local Tax Policy: Year-In-Review

    This year may have been dominated by federal tax reform, but state and local policy practitioners were plenty busy, too, with issues such as the continued growth of the regulated marijuana industry and the uptake of local opportunity zones. Here, Law360 highlights some of the biggest state and local tax policy moves of 2018.

  • December 12, 2018

    Pa. Man Admits to Conspiring to Collect Bogus SEC Fees

    A Pennsylvania man charged with conspiring with others to shake down investors by pretending to be U.S. Securities and Exchange Commission officials pled guilty Tuesday in Massachusetts federal court to his part in the scheme.

  • December 12, 2018

    Boston Scientific Wins $35M Verdict In Heart Valve Patent Suit

    A Delaware federal jury found Tuesday that Edwards Lifesciences Corp. damaged Boston Scientific SciMed Inc. to the tune of $35.4 million by infringing a heart valve patent, while rejecting claims that Boston Scientific infringed three Edwards patents.

  • December 12, 2018

    Ch. 11 Doesn't Cancel TM Contract, Clothier Tells High Court

    Apparel retailer Mission Product Holdings has urged the U.S. Supreme Court to overturn a First Circuit decision in its breach of contract suit against Tempnology LLC, arguing that Tempnology's bankruptcy filing should not allow the fabric maker to rescind its licensing contract.

  • December 12, 2018

    USOC Says Time, Safe Sport Act Bar Ex-Gymnast's Abuse Suit

    The United States Olympic Committee told a Massachusetts federal court on Wednesday that it can't be held accountable for a former coach's alleged abuse of a onetime world champion gymnast, arguing she has misinterpreted the Safe Sport Act and that her remaining claims are time-barred.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    FanDuel's Hidden Arbitration Pact Preserves MDL, Users Say

    A user agreement was not conspicuous enough to compel FanDuel Inc. users to arbitration to settle multidistrict fraud claims, a Massachusetts federal judge was told Wednesday during a hearing over a suit saying FanDuel and DraftKings Inc. falsely told consumers their games could be won by average players.

  • December 12, 2018

    Mass. Town Asks 1st Circ. To Block Enbridge Pipeline Project

    The small Massachusetts town of Weymouth asked the First Circuit in an appeal brief Wednesday to help it protect its natural resources and deny a bid by a division of Canadian energy provider Enbridge Inc. to build a natural gas compressor station there for the Atlantic Bridge pipeline expansion project.

Expert Analysis

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Opinion

    AGs Are Now The 1st Round Draft Picks Of American Politics

    Joshua Spivak

    Given their recent track record and growing policy power, state attorneys general should be the group everyone is watching on Election Day. Chances are the winners of these races will move to higher offices soon enough, says Joshua Spivak, senior fellow at the Hugh L. Carey Institute for Government Reform at Wagner College.

  • Appraising Property Taken By Eminent Domain In Mass.

    John Bowen

    When the government seizes property by eminent domain, Massachusetts compensation rules are favorable to property owners, but appraisal will require consideration of many hypothetical factors, as well as all three time frames — the past, the present and the reasonably foreseeable future, says John Bowen of Rackemann Sawyer & Brewster PC.

  • How FERC Aims To Change Transmission Rate Setting

    James Hoecker

    Last month, the Federal Energy Regulatory Commission set out a new proposed methodology for setting electricity transmission rates. The commission is asking diverse stakeholders to vet the new methodology, which may avert the pitfalls of its previous approach, say James Hoecker and Sylvia Bartell of Husch Blackwell LLP.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.