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Massachusetts

  • October 5, 2018

    Deals Rumor Mill: Salini Impregilo, CannTrust, Civitas

    Salini Impregilo SpA is eyeing a possible deal to buy some or all of Italian construction company Astaldi; CannTrust is discussing a partnership deal in the food, beverage and cosmetics industries; and Civitas Solutions Inc. is exploring a possible sale.

  • October 5, 2018

    Verizon OK'd For Cell Tower, Ending Dispute With Mass. Town

    A Massachusetts federal court approved a settlement sought by Verizon when it overturned a Massachusetts town’s zoning board’s decision to deny the company an application to build a cell tower and gave it a special permit to construct the tower.

  • October 5, 2018

    Holland & Knight Adds Real Estate Finance Pair From Seyfarth

    Holland & Knight LLP has added two former Seyfarth Shaw LLP real estate finance attorneys to the firm's Boston office, picking up negotiators specializing in loans and other financing transactions with experience on major projects across the country.

  • October 5, 2018

    Feds Seek $1.8M From Disbarred Ex-Fugitive Atty Over Fraud

    Federal prosecutors pressed Friday for a disbarred New York attorney, who had been a fugitive for 20 years, to forfeit the nearly $1.8 million he admitted to stealing through two bayfront-development scams in Massachusetts, requesting to draw down his retirement account from Hunton Andrews Kurth LLP decades after the firm fired him.

  • October 5, 2018

    Presidents Can Create Offshore Monuments, Judge Says

    A D.C. federal judge on Friday affirmed that U.S. presidents have authority under the Antiquities Act to designate offshore areas as national monuments where commercial fishing operations could be barred.

  • October 5, 2018

    Taxation With Representation: Gibson Dunn, Hogan Lovells

    In this week’s Taxation With Representation, Keurig Dr. Pepper Inc. snaps up Core Nutrition LLC for $435 million, Stryker inks a $220M deal for HyperBranch Medical Technology Inc., and Honeywell International Inc. snags German warehouse automation business Transnorm for €425 million ($492 million).

  • October 5, 2018

    Greenberg Traurig Hire Brings Gambling Practice To Boston

    One of the world's largest gambling practices has expanded into Boston with Greenberg Traurig LLP's hire of a leading expert in the industry at a moment of massive growth.

  • October 4, 2018

    Facebook Kids' App, Others Violate Privacy Law, FTC Told

    A pair of Democratic senators and several consumer organizations are urging the Federal Trade Commission to take a closer look at the data collection and tracking practices of child-directed apps, with the advocacy groups specifically targeting Facebook's kid-centric messaging service for allegedly violating federal children's privacy rules.

  • October 4, 2018

    Cushman Appeals Attorneys' Fees On Top Of Age Bias Verdict

    Cushman & Wakefield Inc. asked the First Circuit on Thursday to overturn $280,000 in attorneys' fees that a Massachusetts federal judge handed a former employee, adding to the real estate company's appeal of a jury verdict finding the company fired the longtime computer engineer because he was aging and awarding him $1.28 million.

  • October 4, 2018

    Diverse Group Of Harvard Students Can Testify At Bias Trial

    A small, diverse group of Harvard College students and alumni can testify against claims that the prestigious school discriminates against Asian-American undergraduate applicants, receiving the blessing of a Massachusetts federal judge who will preside over the imminent bench trial.

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    DOJ Asks High Court To Curb Discovery In Census Challenge

    The federal government asked the U.S. Supreme Court to shield several high-ranking government officials from court orders forcing them to answer questions about the decision to add a citizenship question to the 2020 census, telling the justices that the expanded discovery is unconstitutional as well as arbitrary and capricious.

  • October 4, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.

  • October 4, 2018

    Gold Medal Bakery Defends Post-Surgery Firing

    Bread-maker Gold Medal Bakery argued in Massachusetts federal court Thursday that it had the right to fire a supervisor, now suing the company for $2 million, who did not return to work after a 12-week leave for knee surgery.

  • October 4, 2018

    Senate Dems Seek To Boost Native American Voter Turnout

    A bill introduced by Sen. Tom Udall, D-N.M., the vice chairman of the Senate Committee on Indian Affairs, and several of his Democratic colleagues aims to remove potential barriers to election participation for Native Americans they argue have been exacerbated by the Supreme Court's overturning of a section of the Voting Rights Act.

  • October 3, 2018

    DOJ Charges UK Man In $164M Securities Scheme

    The head of what federal authorities say was a sham Swiss asset management firm whose many international market manipulation schemes netted nearly $165 million was arrested in Boston Wednesday on securities fraud charges, officials announced.

  • October 3, 2018

    CFTC Official Lauds Ruling Putting Crypto Under Its Purview

    An official at the U.S. Commodity Futures Trading Commission on Wednesday praised a Massachusetts federal court decision in a fraud case that bolsters the agency’s ability to prosecute cryptocurrency fraud.

  • October 3, 2018

    Merrimack Loan Fraud Coverage Dispute Sent To Arbitration

    An insurance dispute over losses suffered by Merrimack College from an employee’s $6 million fraudulent student loan scheme is headed to arbitration, a Massachusetts federal judge ruled Tuesday after the college disputed a forensic accountant’s assessment of the coverage.

  • October 3, 2018

    Supreme Court Hears Trucker's Take On Arbitration Limits

    The U.S. Supreme Court heard a truck driver's arguments Wednesday that Congress had the foresight in the 1920s to prohibit commerce employers such as New Prime Inc. from forcing independent contractors, like all other cross-border workers, into arbitration.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

Expert Analysis

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.