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Massachusetts

  • July 31, 2018

    Janssen Loses Remicade Patent Case To Pfizer, Celltrion

    A recipe related to Janssen Biotech Inc.’s blockbuster immunosuppressant Remicade was too obvious for any competitor to have legally infringed a patent on it, a Massachusetts federal judge ruled Tuesday, allowing Pfizer Inc. to rest easy about the validity of its new-to-market equivalent to treat arthritis and psoriasis among other common conditions. 

  • July 31, 2018

    Mass. Court Affirms $32.5M Award For Forgotten Medical Note

    The Massachusetts Appeals Court on Tuesday affirmed a $32.5 million medical malpractice award that Atrius Health Inc. must pay the family of a patient who was paralyzed after her primary care doctor forgot to note a dangerous condition in her medical file.

  • July 31, 2018

    OvaScience Can't Escape Investor IVF Treatment Suit

    A Massachusetts federal judge has refused to toss a shareholder suit alleging OvaScience Inc. misrepresented the success of its in vitro fertilization treatment, saying Tuesday she was unconvinced by the company’s rebuttals to investors' allegations that certain company statements were misleading.

  • July 31, 2018

    TSA Tracking Program Inspires Ire From Groups, Lawmakers

    Advocacy groups and lawmakers spoke out on Monday about a secret Transportation Security Administration passenger tracking program that came to light in a recent Boston Globe story, saying the surveillance efforts raise serious privacy and constitutional concerns.

  • July 31, 2018

    DC Circ. Upholds Auction Exemption For Renewables In NE

    The D.C. Circuit on Tuesday rejected challenges to the Federal Energy Regulatory Commission’s approval of a renewable energy exemption from a price floor rule in New England wholesale electricity auctions, saying FERC reasonably concluded that the exemption produced just and reasonable rates.

  • July 31, 2018

    SS&C Inks $1.4B All-Cash Deal For Investment Tech Co. Eze

    Financial services software company SS&C Technologies Holdings Inc. on Tuesday said it agreed to buy Boston-based investment technology provider Eze Software from TPG’s private equity arm TPG Capital for $1.45 billion in cash.

  • July 31, 2018

    Praised For Cooperation, Ex-State St. Manager Avoids Jail

    A former State Street Corp. manager who copped to aiding a conspiracy to overcharge some of the banks' biggest clients by more than $21 million avoided prison time Tuesday in Massachusetts federal court thanks to his "unprecedented" level of cooperation with the government.

  • July 31, 2018

    Xcerra Hit With Shareholder Suit Over Planned Cohu Merger

    Xcerra Corp. hasn't given its shareholders enough information about the financial analysis that supports its proposed sale to semiconductor test and inspection company Cohu Inc., according to a proposed class action filed in Massachusetts federal court on Monday.

  • July 30, 2018

    Nike Says Puma Letters Show Willful Breach Of Shoe Patents

    Nike claimed in a Monday court filing that Puma ignored warnings that its sock-like knitted shoes appeared to rip off Nike’s patented design and then stepped up its infringement, saying the existence of notification letters and responses are enough to show Puma willfully offended Nike’s intellectual property.

  • July 30, 2018

    Ivy League Stands By Harvard In Admissions Race Bias Suit

    Harvard’s fellow Ivy League schools sided with the university Monday in arguing that the school’s admissions process isn’t racially discriminatory, and that a suit seeking to do away with weighing applicants’ race in admissions could limit diversity on campus.

  • July 30, 2018

    Moldovan Investors Say Kazakhstan's 1st Circ. Appeal Is Early

    Two Moldovan oil and gas investors embroiled in a multinational legal battle attempting to squeeze a half-billion-dollar arbitration award out of Kazakhstan told the First Circuit on Friday that the country has jumped the gun by appealing a discovery request.

  • July 30, 2018

    Attorneys General Urge High Court To Let EPA Ban HFCs

    A group of state attorneys general have asked the U.S. Supreme Court to overturn a ruling that the U.S. Environmental Protection Agency cannot force manufacturers to stop using hydrofluorocarbons, saying the decision endangered both the environment and businesses.

  • July 30, 2018

    Ex-Biotech CEO A 'Total Moron' But No Crook, NY Jury Hears

    A former biotech CEO from Massachusetts who once ran a $48 million diagnostics company went before a Manhattan federal jury Monday to try to sink charges of stealing from investors, arguing his efforts in the fight against cancer were real but he was a “total moron” for commingling funds.

  • July 30, 2018

    Mass. Legislators Approve Taxation On Short-Term Rentals

    Massachusetts lawmakers approved legislation Monday that would tax and regulate short-term rentals such as Airbnb, sending the measure to the governor's desk. 

  • July 30, 2018

    Jury Awards Hologic $5M For NovaSure Patent Infringement

    A Delaware federal jury on Friday said Minerva Surgical Inc. should pay Hologic Inc. $4.8 million for infringing a patent covering the endometrial ablation treatment NovaSure, but lessened the blow by finding the infringement wasn’t willful.

  • July 30, 2018

    PTAB Nixes CardioNet Unit's Heart Monitor Patent

    Heart monitor maker InfoBionic Inc. has knocked down yet another CardioNet LLC patent that it was accused of infringing, with the Patent Trial and Appeal Board holding Friday that the data transmission technology the patent covered was obvious.

  • July 30, 2018

    Adidas Settlement Paves Way For Closing Of Rockport Sale

    A settlement approved Monday by a Delaware bankruptcy judge among debtor The Rockport Co. LLC, its former owner Adidas AG and Reebok International Ltd. resolved a potential $54 million claim fight between the two parties and will allow Rockport’s $150 million Chapter 11 asset sale to close as soon as Wednesday.

  • July 30, 2018

    States Sue To Block Federal 3D Gun Printing Settlement

    Eight states and Washington, D.C., sued the Trump administration in Washington federal court Monday, seeking to block a recent settlement allowing a defense firm to publicly post 3D printing plans for guns online, saying the deal would wrongly allow “dangerous criminals” to effectively access untraceable weapons.

  • July 30, 2018

    600 Lb Gorillas Duels Mister Cookie Face As Trial Starts

    An almost $4 million breach of contract trial over the butterfat content in ice cream kicked off in a Boston federal court Monday morning with the jury hearing differing accounts over whether ice cream maker Mister Cookie Face LLC was responsible for putting dessert maker 600 lb Gorillas Inc. out of business.

  • July 30, 2018

    States Move Fast To Make Out-Of-State Retailers Collect Tax

    Less than six weeks after the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, more than half of states with a sales tax have taken steps toward compelling out-of-state retailers to collect and remit sales and use tax.

Expert Analysis

  • A Win For Immigrants And Cloud Over Chevron At High Court

    Rachel Rosenbloom

    The U.S. Supreme Court’s recent decision in Pereira v. Sessions hands a victory to immigrants at a time when the executive branch is aggressively seeking to dismantle existing protections within immigration law. It also includes intriguing hints about the court’s waning affection for Chevron deference, says professor Rachel Rosenbloom of Northeastern University.

  • Energy Storage: Are We There Yet?

    Paul Kraske

    2018 has proven to be a turning point for energy storage in the U.S. Affordable, reliable batteries, ambitious state capacity goals and a major policy shift from the Federal Energy Regulatory Commission have created an ideal environment for energy storage to grow at a fast rate, say Paul Kraske and Zahir Rahman of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Life Sciences Cos. Should Assess Charitable Donations Programs

    Gary Giampetruzzi

    This year, the U.S. Attorney's Office for the District of Massachusetts has investigated several life sciences companies for their donations to independent copay assistance charities. As the list of investigations grows longer, life sciences companies should reassess their policies, procedures and monitoring regarding donations, say attorneys at Paul Hastings LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.