Massachusetts

  • February 6, 2018

    MassMutual Stiffed Policyholders On Dividends, Jury Told

    MassMutual has breached its contracts with 300 term life insurance policyholders by refusing to pay them a total of $717,000 in dividends even as the company’s bank account swelled, counsel for a certified class of policyholders told a California jury during Tuesday opening statements.

  • February 6, 2018

    Guatemalan Mom's Removal Barred During Detention Dispute

    A Massachusetts federal judge on Tuesday barred the deportation of a native of Guatemala who has been living in Rhode Island while she pursues a lawsuit challenging her detention by U.S. Immigration and Customs Enforcement.

  • February 6, 2018

    Doc Must Face Undiagnosed Heart Disease Suit, Court Says

    The Massachusetts Appeals Court on Tuesday revived claims that a primary care physician caused a patient’s death at the age of 46 by failing to diagnose his heart disease, finding that a medical malpractice review panel wrongly determined there was insufficient evidence.

  • February 6, 2018

    Northeast Cap-And-Trade Turns 10: A RGGI Report Card

    While federal climate change policy is now in full retreat under President Donald Trump, the Regional Greenhouse Gas Initiative has been a picture of policy stability since it began running in 2009. As the climate compact of northeastern states enters its 10th year of operation and welcomes a 10th member in New Jersey, climate experts draw up a RGGI report card.

  • February 6, 2018

    Mass. Justices Question Legality Of 'Millionaire Tax' Petition

    Justices on Massachusetts' high court pushed back on Tuesday against the proponents of a ballot initiative that would increase income taxes on the state's highest earners and send the money to education and transportation programs, at times echoing a cohort of businesses arguing against its constitutionality.

  • February 6, 2018

    Battery Ventures Nabs $1.25B From Latest Funds

    Battery Ventures LP on Tuesday said a pair of new funds took in $1.25 billion, as the Boston-headquartered investment firm aims to make an even bigger splash across the technology space.

  • February 6, 2018

    NFL, Union Try To Nix Agent’s 'Frivolous' Antitrust Claims

    The National Football League and the NFL Players Association on Monday filed motions to dismiss "frivolous" antitrust claims brought by a sports agent who was decertified for failing to meet a three-year signing rule, telling a Massachusetts federal court the rule stems from a collective bargaining agreement that is exempt from scrutiny.

  • February 5, 2018

    Surgery Center, Estate Contest Punitives In Meningitis MDL

    A Maryland surgery center linked to a deadly meningitis outbreak involving contaminated epidural painkillers exchanged salvos Friday with the estate of a deceased patient in Massachusetts federal court multidistrict litigation over whether the estate was entitled to punitive damages under either of those states’ laws.

  • February 5, 2018

    Free Speech Advocates Join Challenge To Border Searches

    Free speech advocates urged a Massachusetts federal court Friday to reject immigration authorities’ attempt to toss a suit challenging warrantless search and seizure of electronic devices at the border, arguing that such devices store vast amounts of private information that constitutes protected speech.

  • February 5, 2018

    Aaron Hernandez Brain Injury Suit Transferred To Pa. MDL

    Concussion-related claims brought against the NFL by the daughter of deceased New England Patriots tight end Aaron Hernandez were added to ongoing multidistrict litigation in Pennsylvania federal court on Monday, as the Judicial Panel for Multidistrict Litigation rejected her bid to keep the suit in Massachusetts.

  • February 5, 2018

    Ex-Aveo Exec Fights SEC Penalty, Says He's Learned Lesson

    A former Aveo Pharmaceuticals Inc. executive continued to argue in Massachusetts federal court Monday that he should not have to pay a fine or be barred from leadership positions over the Securities and Exchange Commission’s allegations that he deceived investors about Aveo's flagship kidney cancer drug, saying he had learned his lesson.

  • February 5, 2018

    1st Circ. Weighs Instructions In Insider Trading Verdict

    First Circuit judges on Monday questioned the legitimacy of a securities fraud conviction of a man who claims jurors should have been informed that evidence indicating he knew trading on his wife’s insider knowledge was illegal cannot, in itself, constitute guilt.

  • February 5, 2018

    Vertex To Pay $4.75M To End TCPA Case Over Hep C Faxes

    A Massachusetts federal judge was asked Friday to preliminarily approve Vertex Pharmaceuticals Inc.’s $4.75 million settlement to end putative class action claims the company violated the Telephone Consumer Protection Act by faxing unsolicited invitations to an event about its hepatitis C therapy.

  • February 5, 2018

    From Amazon To Foxconn, Incentives To Woo Biz Scrutinized

    Recent efforts by 20 finalist cities to entice Amazon to build its new headquarters in their community and by Wisconsin to lure Foxconn have sparked a trend of heightened awareness and scrutiny over using tax dollars to woo and keep businesses and to create jobs.

  • February 2, 2018

    New Online Portal To Streamline Mass. Data Breach Reporting

    The Massachusetts attorney general is launching a new online portal that will make it easier for businesses to comply with their obligation to timely report data breaches, and will soon roll out an electronic database that will allow state residents to quickly view information about these incidents, the state’s attorney general said Thursday.

  • February 2, 2018

    Eversource Says NH Hydropower Rejection Was Improper

    Northeastern utility provider Eversource believes a New Hampshire regulator acted improperly when it denied the company’s seven-year effort to build power lines and transmission infrastructure through the state to deliver Canadian hydropower energy to Massachusetts.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Mass. Appeals Court Upholds $16.6M VAT Claim

    The Massachusetts Appeals Court on Friday upheld a trial court decision in favor of a corporation that claimed $16.6 million in value-added tax receivables carried on the balance sheet of a subsidiary that it sold for $1.2 billion.

  • February 2, 2018

    Aveo Agrees To $18M Deal To End Cancer Drug Investor Suit

    Investors in Aveo Pharmaceuticals Inc. on Friday asked a Massachusetts federal judge for an initial sign-off on a deal worth more than $17.7 million that would resolve a class action alleging the drugmaker hid U.S. Food and Drug Administration concerns about tivozanib, Aveo’s drug candidate for treating kidney cancer.

  • February 2, 2018

    Exxon Insists It Can Bolster Climate Speech Claims

    ExxonMobil on Thursday told a New York federal judge that it should be allowed to submit additional allegations that the attorneys general of New York and Massachusetts conspired to deprive the oil giant of its free speech rights on climate change issues, claiming the prosecutors’ opposition “smacks of pure desperation.”

Expert Analysis

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • 3 Enforcement Priorities For State AGs In 2018

    Joe Jacquot

    State attorney general campaigns will be in full swing with 31 elections this year. In addition to three top substantive areas, campaign issues themselves will influence how state attorneys general prioritize enforcement, says Joe Jacquot, former chief deputy attorney general of Florida, now with Foley & Lardner LLP.

  • A Look At Recent Efforts To Contain Health Care Costs

    Andrew Bab

    At both the federal and state levels, government payors and other entities have developed initiatives to contain costs and promote accessibility to reasonably priced health care, while private payors are pursuing similar objectives through vertical integration, say attorneys with Debevoise & Plimpton LLP.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.