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Massachusetts

  • May 8, 2018

    Mass. Justices Press Power Cos. On Emissions Rule Suit

    Massachusetts Supreme Judicial Court justices on Tuesday pressed a group of power companies to explain why they believe a state regulatory plan to cap greenhouse gases in the electric sector would actually increase emissions and indicated the court was not swayed by their answers.

  • May 8, 2018

    Atheist Says Naturalization Oath Is 'Like Plessy V. Ferguson'

    Counsel to a French atheistic woman who has twice been approved to become a U.S. citizen argued before a federal judge in Boston Tuesday that the government’s attempts to accommodate her beliefs are as unconstitutional as the inclusion of the phrase “So help me God” in the naturalization oath she refuses to say.

  • May 8, 2018

    Mass. Justices Ponder KPMG's Failure To Spot College Fraud

    The Massachusetts Supreme Judicial Court on Tuesday questioned whether Big Four auditor KPMG LLC should bear any responsibility for failing to catch a $6 million fraudulent loan scheme at a Bay State college.

  • May 8, 2018

    50 Cent Concert Injury Liability May Be Unreviewable: Court

    The Appeals Court of Massachusetts on Tuesday was skeptical about whether it was within its power to revisit and possibly raise a pair of personal injury judgments entered against 50 Cent in a suit brought by a pair of women who said they were injured after the rapper sparked a melee by leaping into a concert crowd.

  • May 8, 2018

    New England Coffee Co. Sued Over Lack Of Hazelnuts

    A Rhode Island woman on Monday filed a putative class action suit against New England Coffee Co. and its corporate parent in a Massachusetts federal court, claiming the company is deceptively marketing its hazelnut coffee because it is artificially flavored and contains no hazelnuts.

  • May 8, 2018

    McCarter & English Lands Ex-McDermott Patent Pro In Boston

    McCarter & English LLP has expanded its intellectual property practice group in Boston with the addition of a former McDermott Will & Emery LLP partner, according to the firm.

  • May 8, 2018

    Arnold & Porter Sanctioned In Boston Scientific IP Case

    A California federal judge sanctioned Arnold & Porter on Tuesday to the tune of $2,500 for filing frivolous motions to seal public documents on behalf of Boston Scientific Corp. in its fight against Nevro Corp.’s patent infringement suit, warning that “next time, the sanction will be far heavier.”

  • May 8, 2018

    Jury Convicts Mass. Man Of $7M Fraud Scheme

    An ex-Boston suburbanite accused of swindling $7 million from investors and using it to fund his mansion and lavish lifestyle was convicted by a Massachusetts federal jury Tuesday of 18 counts of wire fraud, mail fraud and illegal monetary transactions in the decadelong scheme.

  • May 8, 2018

    Trump Can't Be Sued Over Immigrant Protections, Feds Say

    President Donald Trump should be dropped from a suit challenging his administration’s decision to terminate temporary protected status for Salvadoran and Haitian immigrants, the federal government told a Massachusetts federal court Monday.

  • May 8, 2018

    Cleary Guides Semiconductor Merger Valued At $796M

    California-headquartered semiconductor test and inspection company Cohu Inc. said on Monday that it has agreed to a merger agreement where it will acquire Massachusetts-based competitor Xcerra Corp. in a deal that represents a $796 million in equity value and was guided by Cleary Gottlieb Steen & Hamilton LLP.

  • May 7, 2018

    TelexFree Investors Can Sue Founder's Wife, Judge Says

    A federal judge in Massachusetts decided Monday that investors fleeced by the billion-dollar pyramid scheme TelexFree LLC can go after the wife of the man who founded the notorious company, in addition to other executives, in a effort to recover losses.

  • May 7, 2018

    'Evidentiary Incontinence' Bothers Judge In FCA-Firing Retrial

    A federal judge fumed on the first day of a False Claims Act-retaliation bench trial Monday when two attorneys displayed “evidentiary incontinence” and asked “pointless” questions while he considered whether their client was wrongfully fired for raising red flags about overbilling at Massachusetts nursing homes.

  • May 7, 2018

    Mass. Court Won't Revive Tough Mudder Class Action

    A Massachusetts appeals court panel affirmed on Monday a trial court's ruling that forced a putative class of Tough Mudder Inc. participants to arbitrate their suit alleging the obstacle course event planner wrongly refused to reimburse them after moving an event from Massachusetts to Maine, finding that the company's arbitration provision is valid.

  • May 7, 2018

    1st Circ. Sides With Town In Ex-Cop's Retaliation Suit

    The First Circuit affirmed Friday a lower court decision handing a win to the town of Abington, Massachusetts, and leaders of its police department in a suit brought by a former officer alleging he was retaliated against for filing reports over concerns related to a ticketing policy and engaging in union activity.

  • May 7, 2018

    1st Circ. Nixes Sony's Fees In Ricky Martin 'Vida' IP Row

    The First Circuit on Friday overturned a trial court’s decision awarding Sony Corp. and its affiliates attorneys’ fees and costs in a songwriter’s copyright infringement suit against the companies and Puerto Rican pop star Ricky Martin that was kicked to arbitration, finding that Sony hasn’t prevailed in the dispute.

  • May 7, 2018

    Fate Of Defendant In $7M Fraud Case In Mass. Jury's Hands

    A Massachusetts federal jury will begin mulling the fate of a man who prosecutors say swindled a dozen people out of nearly $7 million by masquerading as a thriving businessman and soliciting investments to fund his own lavish lifestyle, while his attorney said his client always acted in good faith.

  • May 7, 2018

    DLA Piper, Allens Linklaters Steer $1.4B Plumbing Biz Sale

    New York-based private equity firm Advent International said Monday it has agreed to sell a U.S. distributor of plumbing products, waterworks materials, and heating and cooling equipment to Australian rival Reece Ltd. for $1.4 billion, in a deal guided by DLA Piper and Allens Linklaters.

  • May 7, 2018

    Mass. Top Court Clears MIT Of Fault In Student Suicide

    Massachusetts’ top appellate court ruled Monday that the Massachusetts Institute of Technology could not be held liable for failing to prevent a student’s suicide, but said there are certain circumstances under which colleges or universities would have a duty to act.

  • May 7, 2018

    Securus Paid Kickbacks To Mass. Sheriff's Office, Suit Says

    A handful of consumer and prisoners’ rights groups have launched a class action accusing a Massachusetts sheriff’s office of striking an illegal kickback scheme with private prison phone operator Securus Technologies Inc.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

Expert Analysis

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Higher Education Should Note Recent Title VII Rulings

    Tina Sciocchetti

    Several recent appellate court decisions have held that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation. With this changing legal landscape, schools should expect the possibility of a similar expansion of anti-sex discrimination rights under Title IX of the Education Amendments of 1972, say attorneys with Nixon Peabody LLP.

  • Goldilocks And The 3 Stable Value Fund Lawsuits

    Samuel Block

    The First Circuit recently upheld the dismissal of a claim that Fidelity Management Trust Company’s stable value fund was too conservative. While the decision may lead to fairy tale endings for First Circuit defendants, companies can't be as certain that these types of lawsuits — including those claiming funds are too risky or not offered at all — will never return, say attorneys with Mayer Brown LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.

  • Is Excessive Fee Litigation Headed For Its Dudenhoeffer?

    Mark Bieter

    Recent signs show that the nationwide deluge of class actions challenging fees and services in large corporate 401(k) plans are starting to even out. This is a development warmly welcomed by plan sponsors and the financial industry, as for the past decade there’s generally been one hand winning, and it wasn’t theirs, says Mark Bieter of Groom Law Group.

  • Opinion

    Rum, Cannabis And The 4th Amendment: A History Lesson

    Collin Wedel

    U.S. Attorney General Jeff Sessions recently made his first move against legal marijuana by reversing the U.S. Justice Department’s policy of not enforcing federal cannabis laws in states that had legalized it. Sessions might be wise to study how a crackdown on contraband rum helped incite the American Revolution and influenced the U.S. Constitution, says Collin Wedel of Sidley Austin LLP.

  • Innovator Liability: A Pandora’s Box For Pharma Cos.?

    Monee Hanna

    A number of state high courts have recently held brand-name prescription drug manufacturers liable for inadequate labeling claims brought by patients who took generic equivalents. While only a few states have endorsed this doctrine, the trend may be growing, say Monee Hanna and Nicholas Janizeh of Tucker Ellis LLP.

  • Single Factor Income Apportionment: Inconsistent Standard

    Glenn Newman

    A majority of states claim that in-state sales are sufficient nexus to collect corporate income tax from businesses physically located across state lines, but income apportionment methods are inconsistent. Companies need to be prepared for the day one state seeks to collect a share of income tax that's already been paid to another, says Glenn Newman of Greenberg Traurig LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.