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Massachusetts

  • May 11, 2018

    Wayfair's Counsel On Keeping State Tax Law Constitutional

    Even for Wayfair counsel George Isaacson, who has decades of experience representing retailers, the South Dakota statute used to challenge the physical presence standard for sales and use tax collection was something new. In this interview, the Brann & Isaacson senior partner describes how the law is unique — and not necessarily in a good way.

  • May 11, 2018

    Boston Firm Dumping, Suing Ex-Client ‘Feels Wrong’: Judge

    A Massachusetts federal judge on Friday said she was "troubled" by Boston intellectual property law firm Sunstein Kann Murphy & Timbers LLP dropping a longtime software client so it could represent its rival in a patent suit.

  • May 10, 2018

    Atty Traded Drugs For Sex At Men’s Sober Home: Mass. AG

    A Reading, Massachusetts, attorney who owns a sober home for men fighting substance abuse has been accused in state court of trading legal work, drugs and money for sex, Massachusetts' attorney general said Thursday.

  • May 10, 2018

    Gov't Can't Toss Suit Over Phone Searches At Border

    The government can't shake a suit over U.S. border patrol agents searching travelers' electronic devices without a warrant after a Massachusetts federal court ruled the travelers challenging the policy have plausible claims that their rights to privacy and free speech were curtailed.

  • May 10, 2018

    3 Firms Win 25% Fee Approval For $3.5M Ariad Deal

    A Massachusetts federal judge on Thursday afternoon gave his approval to a $3.5 million class action settlement between a group of investors and Takeda Pharmaceutical Co. unit Ariad Pharmaceuticals Inc., including a 25 percent cut plus expenses for the three firms that revived the suit and secured the deal.

  • May 10, 2018

    Skadden Steers Gannett In $130M Cash Deal For WordStream

    Skadden Arps Slate Meagher & Flom LLP steered USA Today publisher Gannett Co. Inc.'s $130 million cash deal to buy WordStream, a Boston-based digital marketing software company represented by Gesmer Updegrove LLP, the media giant said Thursday.

  • May 10, 2018

    Pomerantz, Shapiro Seek $5M Fees For $18M Aveo Stock Deal

    New York-based law firm Pomerantz LLP and Boston firm Shapiro Haber & Urmy LLP asked a Massachusetts federal judge late Wednesday to approve a $5 million fee request after representing investors in a twice-dismissed stock drop suit against Aveo Pharmaceuticals Inc. that ended in an $18 million deal.

  • May 10, 2018

    RBS Says US Deal Opens Way To Dividends, Gov't Stock Sales

    The Royal Bank of Scotland said Thursday its $4.9 billion misconduct settlement with U.S. authorities clears the way for the U.K. government to begin selling off its RBS stock holding and raises hopes that the bank will resume paying a dividend after a 10-year hiatus.

  • May 9, 2018

    Man Stole Friend's Warhol Prints, Sold Fakes, Feds Say

    Federal agents on Wednesday arrested a Massachusetts resident they believe stole several pieces of acclaimed artwork from a friend in South Korea, including two Andy Warhol silkscreen prints, then copied and sold them in a heist that culminated in one count of wire fraud in Massachusetts federal court.

  • May 9, 2018

    Shire Defends $2.4M Fee Request In Adderall Generic Row

    Adderall XR maker Shire PLC defended a request for nearly $2.4 million in attorneys’ fees on Wednesday, saying the bill was due solely to misconduct by the generic competitor it trounced in a patent bench trial last year.

  • May 9, 2018

    RBS, DOJ Near $4.9B Deal Over Potential RMBS Civil Claims

    The Royal Bank of Scotland has reached a tentative deal with the U.S. Department of Justice, reportedly worth $4.9 billion, to settle potential civil claims over the bank’s structuring and sale of residential mortgage-backed securities before the financial crisis, the agency confirmed Wednesday.

  • May 9, 2018

    Late Patriots Star's Ex-Wife Appeals For Survivor Benefits

    The ex-wife of a late New England Patriots player asked the First Circuit on Tuesday to reverse a lower court decision that the National Football League's retirement board properly denied her claim for survivor benefits.

  • May 9, 2018

    Judge To Move Fast On Suit Over Census Citizenship Query

    A Manhattan federal judge said Wednesday he will move quickly to resolve a challenge by a coalition of states to the Trump administration's controversial decision to add a question on citizenship status to the 2020 census, noting the approaching population count and the high likelihood of appellate review.

  • May 9, 2018

    Trump's TPS Cancellation For Hondurans Challenged In Court

    A group of immigrants and nonprofits challenged the Trump administration's recent decision to cancel temporary protected status for Honduran immigrants living in the U.S., arguing in an amended complaint filed on Wednesday in Massachusetts federal court that the termination is discriminatory and unconstitutional.

  • May 9, 2018

    Enbridge Sells Natural Gas Biz To ArcLight Unit For $1.12B

    Energy infrastructure company Enbridge Inc. on Wednesday said its indirect subsidiary agreed to sell a natural gas business to an affiliate of Boston-based private equity firm ArcLight Capital Partners for $1.12 billion in a cash deal steered by Norton Rose Fulbright and Gibson Dunn & Crutcher LLP, respectively.

  • May 9, 2018

    CEO Asks 1st Circ. To Nix $3M 'Little Red Hen' Payout

    The former CEO of a behavioral health company on Wednesday asked the First Circuit to reverse an “unprecedented” $3 million award to a class of shareholders by a federal judge citing an old folk tale, even after a jury had found the shareholders were not harmed.

  • May 9, 2018

    1st Circ. Mulls Solar Co. Contractor's $2.8M Commission Row

    The First Circuit questioned Wednesday whether a contractor awarded more than $2.8 million for unpaid income from his work for a solar business should get the money or whether he was instead subject to the ebbs and flows of the struggling company’s bottom line.

  • May 9, 2018

    VC-Backed Biotech, Louisiana Bank Price IPOs Raising $209M

    A venture-backed biotechnology startup and a private equity-backed Louisiana community bank saw shares debut Wednesday after raising a combined $209 million in initial public offerings that priced at the middle of their prospective ranges, kicking off a week with five scheduled IPOs.

  • May 9, 2018

    Ex-Pharmacist Denied Meningitis Acquittal Bid Amid Appeal

    A Massachusetts federal court reiterated Wednesday that a pharmacist convicted of 77 counts for manufacturing deadly drugs in the 2012 fungal meningitis outbreak cannot pursue an acquittal bid while simultaneously appealing the verdict.

  • May 9, 2018

    Digital Medicine Co. Reaps $55M In Temasek-Led Fundraising

    Akili Interactive Labs Inc., a prescription digital medicine company that is developing a way to use video games to treat depression, inflammatory diseases and other disorders, on Wednesday said it closed a $55 million Series C funding round led by Singapore's state-run investment firm Temasek.

Expert Analysis

  • Equal Pay Act Is Closing In On Mass. Employers

    Sonia Macias Steele

    Massachusetts' attorney general recently issued helpful guidance on the state's new Equal Pay Act, including some safe harbor defenses against this strict liability law. But to enjoy full protection, employers need to act soon, as the law goes into effect on July 1, says Sonia Macias Steele of Goulston & Storrs PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Equifax Cybersecurity Ruling Heightens Risk For Companies

    Heather Egan Sussman

    The Superior Court of Massachusetts' recent Equifax decision — the first-ever court ruling on allegations made by a state attorney general in cybersecurity litigation — is notable for siding with Attorney General Maura Healey on several key issues of concern to all companies that collect personal information, say attorneys with Ropes & Gray LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Mass. Crackdown Reflects Increased State Regulation Of ICOs

    Christopher Conniff

    The top securities regulator in Massachusetts recently issued consent orders halting five initial coin offerings, reminding virtual currency market participants that they must be mindful of state regulators as well. This “sweep” is likely only the tip of the iceberg for ICOs in Massachusetts and in other states, say attorneys with Ropes & Gray LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Courts Remain Skeptical Of FCA Statistical Arguments

    Robert Rhoad

    A Massachusetts federal court's ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Federal Vs. State: The Fight To Regulate Student Loans

    Joseph Cioffi

    In the absence of federal action, states have generally enjoyed the home-field advantage when it comes to enforcement of student loans, but that could change, say Joseph Cioffi and James Serritella of Davis & Gilbert LLP.