Massachusetts

  • February 21, 2018

    1st Circ. Affirms Fidelity's Win In Workers' ERISA Suit

    A First Circuit panel on Wednesday upheld a Massachusetts federal judge’s decision to grant Fidelity Management Trust Company an early win in a proposed class action that accused the company of violating Employee Retirement Income Security Act duties by mismanaging an employee benefit pension fund, saying the workers’ arguments make “little sense.”

  • February 21, 2018

    Mass. Court Says Med Mal Suit Properly Nixed As Untimely

    A Massachusetts appellate court ruled Wednesday that a lower court was correct to toss a medical malpractice suit accusing a doctor of botching a woman’s colon removal surgery, finding that the patient was made aware of her injuries more than three years before filing suit.

  • February 21, 2018

    Ex-Boston Guitarist Asks 1st Circ. For Redo In Bandmate Row

    A former guitarist for the band Boston urged the First Circuit on Tuesday to revive his breach of contract and abuse of process allegations against the band’s founder, as well as his bid for hundreds of thousands of dollars in costs and attorneys' fees, in their protracted dispute over use of the band's name, among other things.

  • February 21, 2018

    Energy Firm Claims Boston Sales Rep. Stole 'Hot Prospects'

    A Connecticut-based energy consulting firm sued a former Boston sales associate who allegedly made off with handwritten lists of the company’s current clients and “hot prospects,” all so-called trade secrets, after his abrupt resignation last month.

  • February 21, 2018

    Mass. AG Says Parts Of Sick-Time Law Apply To Railroads

    The Massachusetts attorney general told a federal judge Tuesday that certain sections of a state law providing earned sick-time for employees aren’t preempted by the federal Railroad Unemployment Insurance Act and that enforcing them against railroads won’t interfere with interstate commerce.

  • February 20, 2018

    Logistics Co. Must Face At Least 1 Claim In Lobster Theft Suit

    A Massachusetts federal judge on Tuesday rejected a logistics company’s bid to duck a claim involving the theft of a truck containing lobster worth $318,000, but said she'd consider arguments in favor of nixing two others.

  • February 20, 2018

    State Securities Cops Filling In For Feds On Fiduciary Beat

    A high-profile complaint filed by Massachusetts' top securities cop against Scottrade for allegedly violating conflict-of-interest laws is a sign that state regulators will be stepping in to fill a perceived void in federal policing of retirement account advisers, legal experts said Tuesday.

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    States Seeing Rash Of Bills To Tax Carbon Emissions

    Taxing carbon products and emissions is a long-cherished goal of Washington Gov. Jay Inslee, and he has proposals to do so again this year. This time, however, he is far from alone as 10 states have released bills to combat climate change and raise revenue by using the tax system.

  • February 20, 2018

    2nd Circ. Ruling Ends Exxon Free Speech Claims, Judge Told

    The Second Circuit’s recent decision that the First Amendment does not shield social welfare organizations from disclosing their donors should also undermine Exxon Mobil Corp.’s free speech claims against state climate change probes, New York Attorney General Eric Schneiderman’s office told a federal judge Friday.

  • February 20, 2018

    Mass. Rep Touts Bill To Bar NDAs, Forced Arbitration

     A Massachusetts legislator is pushing a bill to ban agreements that prevent victims of harassment or discrimination from speaking out about their allegations and end the process of forced arbitration to settle claims.

  • February 20, 2018

    Mass. Is Stalling Pipeline Permit, Enbridge Unit Tells DC Circ.

    An Enbridge Inc. unit told the D.C. Circuit on Friday that Massachusetts' environmental regulator missed the deadline for acting on its application for an air permit for a proposed natural gas compression station in Weymouth, which is part of its controversial Atlantic Bridge pipeline project.

  • February 16, 2018

    Pharma Co. Chiasma Can't Escape Investor Suit, Judge Rules

    A Massachusetts federal judge on Thursday ruled that biopharmaceutical company Chiasma Inc. must face a proposed class action alleging investors in its 2015 initial public offering were misled about the prospects for regulatory approval of its product candidate Mycapssa, an oral treatment for a rare hormonal disorder known as acromegaly.

  • February 16, 2018

    Swindled Mass. Investors Blame Canadian Portfolio Managers

    An attorney for 16 wealthy investors conned by an admitted securities fraudster and his sham hedge fund asked a Massachusetts federal judge on Friday to let them continue to pursue claims against Canadian portfolio managers who handled their money on the fraudster’s behalf.

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Industrial, Marine Laborers Seek Conditional Cert. In OT Suit

    A former laborer for companies that provide services to industrial and marine contractors asked a Massachusetts federal court Friday for conditional certification of a collective class in litigation alleging the companies have failed to properly pay overtime to laborers, many of whom are recent immigrants to the U.S.

  • February 16, 2018

    Womble Bond Snags 3 Pepper Hamilton Gov't Contracts Attys

    Womble Bond Dickinson LLP has added three attorneys from Pepper Hamilton LLP who have worked together throughout their careers and have experience in-house at General Dynamics and Micron Technology to its government contracts team.

  • February 16, 2018

    Boston Herald Cleared For $12M Ch. 11 Sale To MediaNews

    The Boston Herald on Friday secured court approval for the tabloid's $11.98 million sale to hedge fund-controlled MediaNews Group, under a business-saving deal expected to close by March 28.

  • February 16, 2018

    ConAgra Undermining MDL By Concealing Suit, 1st Circ. Told

    A class of consumers in multidistrict litigation accusing ConAgra of misrepresenting its Wesson oils as all-natural has urged the First Circuit to require the company to notify the Judicial Panel on Multidistrict Litigation of a potential tag-along suit, arguing its failure to do so “undermined the entire purpose of the MDL process.”

  • February 16, 2018

    Mass. Court Affirms Toss Of Negligent Discharge Suit

    A Massachusetts appeals court Thursday affirmed the dismissal of a wrongful death case that alleged a psychiatric hospital was negligent in releasing a woman who had just suffered the loss of premature twins and who died of a drug overdose a day after being discharged.

Expert Analysis

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • A Look At Air Rights In Boston, San Francisco And New York

    Lawrence DiCara

    Though allowing the transfer of unused development rights carries some disadvantages, it has encouraged developers to utilize air rights and improve upon some of America's largest cities, say attorneys with Nixon Peabody LLP and Katherine Soule of the Northeastern University School of Law.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.