Massachusetts

  • May 16, 2018

    Senate Passes Measure To Keep Net Neutrality

    Senate Democrats narrowly succeeded Wednesday in passing a resolution to nullify the Federal Communications Commission’s net neutrality deregulation rule, setting the stage for a tougher showdown in the House.

  • May 16, 2018

    Steward Must Convince Jury Doc Fired For HIPAA Violation

    Steward Healthcare System LLC will need to convince a jury it fired a psychiatrist for violating the Health Insurance Portability and Accountability Act and not because, as the doctor claims, he took disability leave after getting pneumonia, a Massachusetts federal judge ruled Wednesday in denying part of a summary judgment bid.

  • May 16, 2018

    Democratic AGs Can Fight Latest Anti-ACA Suit, Judge Says

    A squadron of Democratic attorneys general can swoop into a new, Republican-backed legal challenge to the Affordable Care Act’s constitutionality and fight the case, a Texas federal judge ruled Wednesday.

  • May 15, 2018

    Rockport Approved For Complex Ch. 11 Funding Packages

    Bankrupt shoe distributor The Rockport Co. LLC received court approval Tuesday in Delaware to tap into a complex, dual-facility debtor-in-possession package that will see some of its prepetition secured debt rolled up over the next few weeks.

  • May 15, 2018

    Harvard Tax Clinic Backs Whistleblower Appeal In DC Circ.

    A tax whistleblower's appeal missed a 30-day filing deadline, but that should not stop the U.S. Tax Court from hearing the appeal, said an amicus brief filed in the D.C. Circuit by Harvard Law School's Federal Tax Center.

  • May 15, 2018

    Analogic Shareholder Sues To Block $1.1B Altaris Merger

    A putative class of Analogic Corp. shareholders sued the company Monday in Massachusetts federal court in an attempt to block its planned $1.1 billion merger with Altaris Capital Partners LLC, saying they hadn't received enough information about the deal.

  • May 15, 2018

    Man Avoids Jail In Scam To Sell Stolen Gardner Artwork

    A West Virginia man was sentenced to time served and home confinement in Massachusetts federal court on Tuesday, after he copped to a scheme to sell valuable stolen art from Boston’s Isabella Stewart Gardner Museum that he did not actually possess.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Firm Let Advisers Toy With Funds, Mass. Watchdog Says

    The state securities watchdog in Massachusetts has charged Spartan Capital Securities LLC and its co-founder with recklessly trading a Bay Stater's retirement funds then subpoenaing him, in violation of an administrative officer's wishes, counsel to the regulator said during a hearing on Tuesday in support of sanctions.

  • May 15, 2018

    Burger King Hit With Civil Rights Suit Over 'Fake' $10 Bill

    Burger King Corp. was hit with a nearly $1 million civil rights suit Tuesday in a Massachusetts state court by a homeless black man who says he was arrested and jailed for three months after trying to buy breakfast with a $10 bill a restaurant employee said was fake, but turned out to be real.

  • May 14, 2018

    DoorDash, Boston Driver Clash On Legality Of Class Waiver

    Counsel to restaurant-delivery service DoorDash and a Boston-area driver who filed a class action lawsuit against the company for allegedly lost wages wrangled in a Boston courtroom Monday over the legality of a contract clause waiving workers’ rights to collectively sue their employer.

  • May 14, 2018

    Consumer Atty Can’t Redo $1.3M Fee Split In Collecto MDL

    A Connecticut attorney is not entitled to more than the $70,000 his peers allotted him for his relatively small role in a settlement with alleged robocaller Collecto Inc. that yielded $1.3 million in attorneys’ fees, a federal judge decided on Monday.

  • May 14, 2018

    Rockport Hits Ch. 11, Plans To Sell Wholesale Business

    Comfort footwear maker The Rockport Company LLC filed for Chapter 11 protections Monday in Delaware, listing $287 million of funded debt obligations and planning a sale of its global wholesale and e-commerce assets that will likely leave its retail operations on the chopping block.

  • May 14, 2018

    Senators Want Details About AT&T's Cohen Dealings

    The relationship of Michael Cohen, President Donald Trump’s personal attorney, with telecommunications giant AT&T has drawn a congressional microscope as a trio of Senate Democrats, including Elizabeth Warren of Massachusetts, pushed the company Monday to explain a contract they said raises questions of “a pay-for-play operation.”

  • May 14, 2018

    Fintech Co. GreenSky Tops 3 IPO Launches Totaling $951M

    Financial technology startup GreenSky Inc. launched an initial public offering on Monday that is estimated to raise $750 million, joined by two biotechnology firms seeking to raise an additional $201 million, adding to a growing number of deals set to price before Memorial Day.

  • May 14, 2018

    Quinn Emanuel Nabs Ex-Acting US Attorney For Boston Office

    The former acting U.S. Attorney for the District of Massachusetts — best known for leading the case against the Boston Marathon bomber — has joined Quinn Emanuel Urquhart & Sullivan LLP, the firm announced.

  • May 14, 2018

    50 Cent Seeks Sanctions Against Concertgoers In Injury Suits

    Hip-hop artist 50 Cent asked a Connecticut bankruptcy judge late Friday to sanction two Massachusetts women for continuing to press on with a pair of personal injury claims, saying the women have already been paid for injuries they say they suffered after the rapper sparked a melee by leaping into a concert crowd.

  • May 11, 2018

    BioChemics Not Covered For SEC Action, Axis Tells 1st Circ.

    Axis Reinsurance Co. on Thursday urged the First Circuit to uphold a Massachusetts federal judge’s ruling that it doesn’t have to cover BioChemics Inc.’s costs to defend against U.S. Securities and Exchange Commission subpoenas and an enforcement action, saying the lower court properly found the claim predated the insurer’s policy.

  • May 11, 2018

    Glassdoor Says Beer Vendor Can't Sue Over Bad Reviews

    Glassdoor Inc. asked a Massachusetts federal court Friday to dismiss a suit brought by a craft beer retail company over negative comments posted on the website, which allows workers to review their jobs, saying they are immune under federal communications law.

  • May 11, 2018

    Amazon Device Draws Concerns From Lawmakers, Groups

    A Massachusetts senator and Texas representative wrote to Amazon with questions about privacy issues surrounding its new Echo Dot Kids Edition on Friday, the same day advocacy groups released a statement urging parents not to buy the voice-activated digital assistant device.

Expert Analysis

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • How To Withdraw From Representation Ethically In Mass.

    Christopher Blazejewski

    The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has appeared in court for a client: Withdrawing from a case is not as easy as appearing in one. The attorney withdrawal process in Massachusetts follows similar principles as other jurisdictions, though certain details vary, say Christopher Blazejewski and Jessica Kelly of Sherin & Lodgen LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • Interpreting The Stop-Time Rule In Pereira V. Sessions

    Denyse Sabagh

    The U.S. Supreme Court recently heard oral arguments in Pereira v. Sessions, an immigration case that questions the clarity (or lack thereof) of the Immigration and Nationality Act's "stop-time" rule. A key practical issue seemed to be on the mind of many of the justices ― immigration courts are notoriously backlogged, say attorneys with Duane Morris LLP.