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Massachusetts

  • December 12, 2018

    Mass. US Atty Sees No Issue With ICE Courthouse Arrests

    Massachusetts’ top federal prosecutor said Wednesday that U.S. Immigration and Customs Enforcement agents have a right to make arrests at courthouses, weighing in on the matter after a Boston-area judge was accused of helping an undocumented immigrant escape ICE custody last week.

  • December 12, 2018

    Clean Energy Cleaned Up In 2018 Project Financings

    Investor dollars both within and outside the U.S. have provided additional momentum for renewable energy project developers, but tariffs imposed by the Trump administration have injected fresh uncertainty into both renewable and traditional energy development. Here, Law360 looks at five energy project finance trends that stood out to attorneys in 2018.

  • December 12, 2018

    Ex-Biotech Exec Avoids Prison For Lying To SEC

    A California biotech entrepreneur avoided jail time Wednesday for lying to the U.S. Securities and Exchange Commission, receiving five months' home confinement and up to five years' probation from a Massachusetts federal judge on a conviction stemming from a pump-and-dump scheme.

  • December 11, 2018

    Judge Passionately Defends Juries In Denying Instant Wins

    A Massachusetts federal judge unleashed a Seventh Amendment polemic Tuesday against five separate motions for summary judgment in a complicated suit over a grave injury to a farmworker, saying that to bar a jury from deciding whether to put a private equity firm on the hook for damages would evince "an unabashed retreat from the magnificent vision of the founders."

  • December 11, 2018

    Mass. Says Starion Filed Ch. 11 To Evade Regulatory Action

    The commonwealth of Massachusetts filed a motion to dismiss the Chapter 11 case of electricity supplier Starion Energy Inc. on Monday, saying the company filed the case in bad faith to avoid responsibility for regulatory penalties imposed by the state’s attorney general for deceptive business practices.

  • December 11, 2018

    FanDuel, DraftKings Get Gaming Patent Claims Nixed At PTAB

    Daily fantasy sports giants FanDuel Inc. and DraftKings Inc. scored a win with the U.S. Patent Trial and Appeal Board after a panel ruled Monday that all of the challenged claims of an Interactive Games LLC patent for a gaming system were invalid as obvious.

  • December 11, 2018

    Climate Report Proves Carbon Regs Must Stick, EPA Told

    The dire conclusions in the blockbuster climate change report recently released by the Trump administration contradict White House efforts to roll back greenhouse gas emissions standards for vehicles and power plants and the proposals should be yanked immediately, dozens of state attorneys general and city and county attorneys said Tuesday.

  • December 11, 2018

    Target To Pay $3M Over Unauthorized Pill Refills In Mass.

    Target Corp. will pay $3 million to settle False Claims Act allegations that it automatically refilled prescriptions at its pharmacies in Massachusetts without approval from patients and doctors and then left the state's Medicaid program with the bill, the U.S. Department of Justice announced Tuesday.

  • December 11, 2018

    NY Life Lends $97M For Mack-Cali REIT Boston Project

    New York Life Insurance Co.'s real estate lending arm said Tuesday it will provide $97 million to a subsidiary of real estate investment trust Mack-Cali Realty Corp. to fund a waterfront residential and retail property in the Boston metropolitan area.

  • December 11, 2018

    3M Fire Suppressant MDL Will Be Heard In South Carolina

    Seventy-five cases around the U.S. against 3M and others involving contamination from the firefighting foam AFFF have been consolidated and transferred to the District of South Carolina by the Judicial Panel on Multidistrict Litigation.

  • December 11, 2018

    Delta Flies Away From $1M 'Wrongful Detention' Suit

    A noted Massachusetts doctor waited too long to file his lawsuit alleging he was wrongly detained by a Delta Airlines Inc. employee, a federal judge said Tuesday, dismissing the $1 million suit due to the rules set forth in the Montreal Convention treaty on international air travel.

  • December 10, 2018

    New Nassar Abuse Probe Spotlights Institutional Failures

    The two organizations responsible for protecting young gymnasts from harm ignored and covered up credible allegations against Dr. Larry Nassar, acting as part of an "ecosystem" that gave him unimpeded license to abuse hundreds of children, a new Ropes & Gray LLP investigative report revealed Monday.

  • December 10, 2018

    Shire Must Cough Up Some Docs In Pay-For-Delay Suit

    Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.

  • December 10, 2018

    Keryx Investor Sues In Chancery For Akebia Merger Records

    A Keryx Biopharmaceuticals Inc. investor sued Monday in Delaware Chancery Court for access to company records on a pending merger with Akebia Therapeutics Inc., saying the documents are needed to investigate potentially conflicted actions in the run-up to an approval vote Tuesday.

  • December 10, 2018

    Mass. Can't Ban Secret Recording Of Officials, Police

    A blanket ban on secret audio recording in Massachusetts is unconstitutional when the person being recorded is a government official or a police officer performing their duties in public, a federal judge ruled Monday, granting a partial win to a conservative provocateur journalist and two activists in two cases.

  • December 10, 2018

    BioChemics Receiver Taps Sunstein, Nields For IP Work

    A receiver appointed to help liquidate the assets of BioChemics Inc. as the government tries to collect on a nearly $18 million securities fraud judgment has tapped two law firms, Sunstein Kann Murphy & Timbers LLP and Nields Lemack & Frame LLC, to maintain the Massachusetts company's intellectual property.

  • December 10, 2018

    Choice, Not Faith, Led Fired Worker To Skip Vaccine: Hospital

    Inconsistent answers given by a Massachusetts hospital worker who claims she was fired for refusing a flu shot doom her Equal Employment Opportunity Commission suit because they show her own choice, and not religious doctrine, drove her decision to skip the shot, the hospital argued in a Saturday brief.

  • December 10, 2018

    Ga. Man To Admit Role In $2M Lotto Scam Targeting Elderly

    A Georgia man will plead guilty in Massachusetts for helping steal $2 million from elderly people across the country in a fake-lottery scheme that has already landed one alleged co-conspirator behind bars, according to an agreement filed Friday.

  • December 7, 2018

    Dems Urge FCC Not To Classify Texting As An Info Service

    A group of Democratic senators are urging the Federal Communications Commission to drop plans to classify text messaging as an information service rather than a telecommunications one, saying that such a move would give providers a free pass to censor consumers' text messages.

  • December 7, 2018

    BCBS Mass. Gets Wilderness Therapy Coverage Row Trimmed

    A Massachusetts federal judge has agreed to trim a proposed class action against Blue Cross and Blue Shield of Massachusetts accusing the insurer of wrongly refusing to cover wilderness therapy treatment for policyholders’ children.

Expert Analysis

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • The Fight Against No-Poach Agreements Is Expanding

    Paul Eckles

    Washington state's attorney general has reportedly reached agreements with 30 national chains to remove no-poach clauses from their U.S. franchise contracts. A flurry of private lawsuits has followed, and other states are beginning investigations. Franchises must prepare for scrutiny, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Emerging Trends In State And Local Equal Pay Efforts

    Brian Murphy

    In the face of relative inaction by the federal government, state and local governments are increasingly combating the gender pay gap with various legislative efforts. Employers must be cognizant not only of laws existing in their jurisdictions, but also of those in others, say Brian Murphy and Jonathan Stoler of Sheppard Mullin Richter & Hampton LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.

  • Crypto As Commodity, And The Bankruptcy Implications

    Joanne Lee Molinaro

    With the recent ruling in My Big Coin Pay that bitcoin and other cryptocurrencies are “commodities,” bankruptcy courts will likely have greater discretion regarding how to treat the valuation of cryptocurrencies in a variety of contexts, say Joanne Lee Molinaro and Susan Poll Klaessy of Foley & Lardner LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • State Tax Codes Can Help Mitigate Poverty

    Misha Hill

    There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.