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Massachusetts

  • October 5, 2018

    Cancer Widow Seeks $27M From Tobacco, Auto Parts Cos.

    R.J. Reynolds, Philip Morris and an auto parts company should pay $27 million in damages for selling cigarettes and asbestos-laden brakes that combined to cause a man’s fatal lung cancer, counsel for the man’s widow told a Boston jury Friday during closing arguments.

  • October 5, 2018

    High Court Asked To Review $3M Disgorgement Post-Trial Win

    The former CEO of a behavioral health company has asked the U.S. Supreme Court to review the First Circuit’s affirmation that he must repay shareholders $3 million for his role in a merger, saying a district court had no right to order disgorgement after a Massachusetts federal jury had determined there was no economic injury.

  • October 5, 2018

    Female MassDOT Employee Asks For Male Peers' Pay Data

    An African-American woman at the Massachusetts Department of Transportation who says she was paid less than her male counterparts asked a federal judge Friday to force the agency to release comparative pay data for other agency workers.

  • October 5, 2018

    FanDuel, DraftKings Score Win Over Gambling Patent At PTAB

    The Patent Trial and Appeal Board has handed a win to sports betting platforms FanDuel and DraftKings, invalidating several claims of a video system patent as obvious over a combination of prior art.

  • 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.

Expert Analysis

  • 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.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.