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Massachusetts

  • July 24, 2018

    SEC's $15B In Penalties Were Illegal, Skeptical Judge Hears

    A Massachusetts federal judge on Tuesday appeared skeptical of the notion that the U.S. Securities and Exchange Commission had overstepped its bounds in seeking almost $15 billion in disgorgements under a 2017 U.S. Supreme Court decision that a liquidation trustee says obliterated the commission's ability to pursue such penalties.

  • July 24, 2018

    Washington Has 'Amnesia' On Bank Reg Rollbacks: Brown

    The top Democrat on the Senate Banking Committee said Tuesday that Wall Street is getting its way with recent efforts to relax the post-crisis financial regulatory framework and warned that Washington is in the throes of a “collective amnesia.”

  • July 24, 2018

    Feds Try To Clear Up Ex-Insys Execs’ RICO Charge For Judge

    After a contentious hearing last week, federal prosecutors charging several former Insys Therapeutics Inc. executives with conspiring to bribe doctors so they’d prescribe the company’s fentanyl spray tried to explain the racketeering charges to a puzzled Massachusetts federal judge and promised a new, streamlined indictment in a memorandum filed Tuesday morning.

  • July 24, 2018

    Trial Attys Urge High Court To Nix Trucking Co. Arbitration Bid

    Trial lawyers and consumer advocates told the U.S. Supreme Court on Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices proper minimum wage, saying Congress meant to exempt all transportation workers from the Federal Arbitration Act.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

  • July 23, 2018

    Trump Can't Slip Suit Over Ending Immigration Protections

    A Massachusetts federal judge on Monday rejected most of the Trump administration’s bid to toss a lawsuit by nonprofits and immigrants alleging ‘racial animus’ fueled its decision to end temporary protected status for Haitian, Salvadoran and Honduran immigrants, clearing the way for the immigrants to continue their bid to block that termination.

  • July 23, 2018

    Bankrupt Power Co. Cleared To Spin Off Plant, Cut $95M Debt

    Talen Energy affiliate New Mach Gen LLC secured confirmation of its prepackaged Chapter 11 without a single short circuit Monday, gaining clearance for a plan to spin off one of its three power plants to a lender and reduce the remaining company’s debt load by $95 million.

  • July 23, 2018

    Donville Kent Can't Dodge Mass. Investors' Fraud Suit

    A Massachusetts federal judge on Monday ruled that Donville Kent Asset Management Inc. must face investors' claims that the Canadian portfolio manager partnered with an admitted fraudster and allowed him to steal $2.6 million from them in order for the firm to skirt securities regulations and gain American clients.

  • July 23, 2018

    BioChemics Wants More Time To Come Up With SEC’s $17M

    Cash-strapped cosmetics manufacturer BioChemics Inc. opposed receivership over the weekend and asked a Massachusetts federal judge for a few more days to present a better plan to come up with $17 million for misleading investors, which it has owed the U.S. Securities and Exchange Commission for more than three years.

  • July 23, 2018

    Is The Grass Greener On The Solo Side?

    Long hours. Financial stress. Unpredictable clients. These lawyers say they've found their calling.

  • July 23, 2018

    1st Circ. Wonders Why FDA Should Not Decide Eyedrop Suit

    The First Circuit on Monday questioned both sides in a suit involving a group of pharmaceutical companies — including Allergan, Bausch and Lomb, Merck and Pfizer — and a putative class saying the companies should change their eyedrop dispensers' design to make them less wasteful, suggesting guidance from the U.S. Food and Drug Administration may help settle the dispute.

  • July 23, 2018

    State AGs Ask Congress For Election Security Fixes

    A bipartisan group of attorneys general from California, Illinois, Massachusetts, New York, New Jersey and 16 other states wrote to congressional lawmakers on Monday to call for increased efforts to protect the integrity of the electoral process and prevent acts such as Russia's meddling in the 2016 presidential election.

  • July 23, 2018

    RI AG, US Atty Spar In 1st Circ. Over Privilege Question

    If Rhode Island is forced to cooperate with a grand jury subpoena as part of an investigation by federal prosecutors, it would "obliterate" attorney-client privilege for government employees, the state told the First Circuit on Monday during oral arguments in a matter that could break new ground in the relationship between public employees and government lawyers.

  • July 20, 2018

    Law360's Satisfaction Survey: By The Numbers

    Being a lawyer is not easy. But among private practice attorneys, in-house counsel and government lawyers, who's feeling the greatest pressure in finances and stress? Law360's 2018 Lawyer Satisfaction Survey provides a snapshot.

  • July 20, 2018

    The Least-Stressed Attorneys In A Stressed-Out Profession

    Law360's 2018 Lawyer Satisfaction Survey shows that when it comes to career and overall well-being, one type of firm is a lawyer's happy place — at least relatively speaking.

  • July 20, 2018

    Facebook Suspends Analytics Firm To Study Possible Misuse

    Facebook Inc. has suspended social media analytics firm Crimson Hexagon from using its platform, it announced Friday, saying it would look into whether the company’s work under contracts with federal agencies and a contract with a firm allegedly tied to the Russian government violate its user data policies.

  • July 20, 2018

    State Street Snaps Up Software Co. For $2.6B In Cash

    Boston-based State Street Corp. on Friday said it agreed to buy privately held Charles River Development for $2.6 billion in cash, a deal the bank said will help it provide asset managers and owners with a “global front-to-back platform.”

  • July 20, 2018

    Ex-Nutter Partner Suspended After Funds Misappropriated

    The Massachusetts Supreme Judicial Court temporarily suspended a former Nutter McClennen & Fish LLP trusts and estates partner in Cape Cod from practicing law after he copped to misappropriating funds from the law firm and trusts he managed. 

  • July 20, 2018

    Harvard Pilgrim Must Face Mental Health Discrimination Suit

    A Massachusetts federal judge on Friday allowed a woman to move forward with a proposed class action claiming an insurance plan from Harvard Pilgrim Health Care Insurance Co. that covers medical expenses at nursing homes must also cover mental health care at her son's behavior-correcting summer camp.

  • July 20, 2018

    AGs From 9 States Urge FDA To Ban Menthol In Tobacco

    Attorneys general from nine states asked the U.S. Food and Drug Administration on Thursday to ban menthol tobacco products, saying the flavoring serves to attract new smokers.

Expert Analysis

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • States' Crypto Enforcement Onslaught Has Only Just Begun

    John Reed Stark

    It should come as no surprise that state securities administrators have boosted their cryptocurrency enforcement efforts. Because while cryptocurrency promoters can find easy prey in today’s excitable retail investor marketplace, initial coin offerings and digital trading platforms are also easy to surveil and easy to charge, says John Reed Stark of John Reed Stark Consulting LLC.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Why Arbitration In Trucking Contractor Agreements Matters

    Robert Campobasso

    In Oliveira v. New Prime, the U.S. Supreme Court faces the question of whether a trucking company can enforce an arbitration clause in its independent contractor agreement with its driver. The repercussions of a decision limiting the binding effects of arbitration clauses would be felt throughout the trucking industry, says Robert Campobasso of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.