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Massachusetts

  • July 20, 2018

    Keryx Trims, But Can’t Scrap Shareholder Stock-Drop Suit

    Keryx Biopharmaceuticals Inc.’s bid to escape a proposed shareholder class action claiming it inflated its stock price by hiding a drug’s supply chain problems was rejected by a Massachusetts federal judge, who however agreed to trim an allegation based on the company's statements about its financial prospects.

  • July 20, 2018

    Morgan Lewis-Guided Biotech Firm Scores $101.5M From IPO

    Venture capital-backed Replimune Group Inc., represented by Morgan Lewis & Bockius LLP, on Friday picked up $101.5 million from its initial public offering as the cancer-focused biotechnology firm finished above its $15-per-share offer in its first day on the market.

  • July 20, 2018

    GlaxoSmithKline Says FDA Rejected Zofran Birth Defects

    GlaxoSmithKline argued Thursday that it cannot be held liable for birth defects caused after pregnant women were prescribed its postoperative nausea drug Zofran because the U.S. Food and Drug Administration has since rejected any scientific correlation between the medication and defects.

  • July 19, 2018

    16 AGs Sue EPA Over 'Super-Polluting' Truck Rule Rollback

    The attorneys general for New York, California and other states sued the U.S. Environmental Protection Agency on Thursday for suspending a rule that limited the number of remanufactured, heavy-duty trucks that could be sold, a decision issued on Scott Pruitt's last day as agency administrator.

  • July 19, 2018

    Cape Cod Financial Adviser Stole $3.3M From Clients: SEC

    A former investment adviser from Cape Cod, Massachusetts, stole more than $3.3 million from her clients through a variety of schemes, including forging withdrawal requests, forging wire and check requests and tricking a client into withdrawing money from a retirement account, the U.S. Securities and Exchange Commission said Thursday.

  • July 19, 2018

    Hernandez Team Seeks To Return CTE Case To State Court

    The guardian of the minor daughter of the late New England Patriots tight end Aaron Hernandez asked a Pennsylvania federal court Wednesday to reverse the decision to join her claims to the NFL concussion multidistrict litigation, saying her claims have a different basis than the MDL ones.

  • July 19, 2018

    Kavanaugh's Harvard Students Laud His Intellect, Parity

    Dozens of students who took classes at Harvard Law School with President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, wrote a letter to the Senate Committee on the Judiciary on Thursday lauding his intellectual rigor and "gracious" personality.

  • July 19, 2018

    MFS Must Face ERISA Suit Alleging Self-Serving Investments

    A Massachusetts federal judge on Thursday allowed a former finance employee to pursue claims that MFS Investment Management put nearly every dollar of its workers’ retirement savings into the company’s own mutual funds, passing up nonproprietary alternatives to the participants’ detriment since 2011.

  • July 19, 2018

    Cooley-Led Cannabis Co. Leads 5 IPOs Raising $446M

    Canadian medical cannabis company Tilray Inc., represented by Cooley LLP, raised $153 million after pricing an initial public offering beyond its range, leading five companies that netted a combined $446 million and saw shares mostly rally in their public debuts on Thursday.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    Trucking Co. Cannot Force Arbitration, High Court Told

    Truck driver Dominic Oliveira urged the U.S. Supreme Court on Wednesday to reject New Prime Inc.’s bid to have the justices compel arbitration in his class action alleging the trucking company failed to pay independent contractor truck-driver apprentices a proper minimum wage, insisting the Federal Arbitration Act doesn’t apply here.

  • July 19, 2018

    Mass. Court Revives Boston Teacher Race Discrimination Suit

    A Massachusetts Appeals Court on Thursday revived a discrimination suit brought by a former Boston Public Schools teacher of Jamaican descent, saying the teacher had cleared the state's relatively low bar in showing that racial bias may have played a role in her dismissal.

  • July 18, 2018

    PTAB Urged To Review CRISPR Gene-Editing Patent

    An agriculture biotech company on Tuesday urged the Patent Trial and Appeal Board to invalidate a patent related to gene-editing technology CRISPR-Cas9 that is held by the Massachusetts-based Broad Institute, arguing that the asserted claims are either indefinite or obvious.

  • July 18, 2018

    Boston Herald Can't Give Reporters Libel Releases In Ch. 11

    Third-party releases proposed under the Chapter 11 plan of Herald Media Holdings Inc. aimed at protecting reporters and other editorial employees from defamation and libel suits failed to gain court approval Wednesday when a bankruptcy judge determined the employees weren’t contributing enough to the case to justify the releases.

  • July 18, 2018

    Goodwin-Led Biotech Tops 3 IPOs Totaling $384M

    Rubius Therapeutics Inc., which is raising money to develop therapies based on red blood cells, raised $241 million in an upsized initial public offering advised by Goodwin Procter LLP, the biggest of three deals to come to market since Tuesday during a busy week of IPOs.

  • July 18, 2018

    Addiction Doesn't Keep Embezzling Union Rep Out Of Prison

    A longtime union organizer cannot avoid prison by blaming painkiller manufacturers and a national opioid epidemic for the five years he spent embezzling tens of thousands of dollars from Boston's service industry union, a Massachusetts federal judge ruled Tuesday.

  • July 18, 2018

    Massport Must Face Breach Claim In $2.7M Lufthansa Suit

    The Massachusetts Port Authority will have to face part of a $2.7 million lawsuit claiming it breached its contract with Deutsche Lufthansa AG when allegedly shoddy runway snow removal led to a 747 striking a snowbank at Boston’s Logan International Airport, a federal judge ruled Wednesday.

  • July 18, 2018

    Wegmans Sued For Allegedly Firing Worker On FMLA Leave

    A former cook sued a Wegmans supermarket in Massachusetts federal court on Wednesday for allegedly firing her in retaliation for taking time off work under the Family and Medical Leave Act to treat her chronic anxiety and depression.

  • July 18, 2018

    Trump's 'Sanctuary' Rules Challenged By NY, NJ, Others

    The federal government’s attempt to withhold public safety funds from so-called sanctuary communities is unconstitutional and should be permanently barred, New York City and five states — including Massachusetts and New Jersey — told a New York federal court Wednesday in two separate complaints.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    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 Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

Expert Analysis

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Out-Of-State Companies Beware Mass. 'Manufacturer' Tag

    Philip Olsen

    As a result of recent cases, non-Massachusetts corporations, which may outsource certain operations and not consider themselves engaged in manufacturing in their home state, could nevertheless be found to be manufacturers in Massachusetts, say Philip Olsen and Michael Penza of Morrison & Foerster LLP.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.