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Massachusetts

  • September 26, 2018

    NFL, Union Beat Sports Agent's Pro Se Antitrust Suit

    The National Football League and the NFL Players Association won a dismissal of a lawsuit filed by a former player agent who was decertified by a rule mandating agents sign at least one player every three years, as a Massachusetts federal judge ruled Wednesday the rule falls within the league’s collective bargaining agreement.

  • September 26, 2018

    Au Pair Regs Preempt State Laws, Feds Tells 1st Circ.

    The state of Massachusetts may not require au pairs to be treated as employees who must be paid the state’s minimum wage and be subject to other state labor laws, as the program falls under federal guidelines, the federal government told the First Circuit on Tuesday.

  • September 26, 2018

    Uber, States Strike $148M Deal To End Data Breach Dispute

    Uber Technologies Inc. on Wednesday agreed to pay $148 million in a joint settlement reached with the top law enforcement officers of all 50 U.S. states over a massive 2016 data breach the company admitted it paid the hackers to cover up.

  • September 25, 2018

    White House Can't Block Discovery In Census Fight

    The Second Circuit refused Tuesday to block states including New York from taking what the Trump administration called "wide-ranging" discovery in a fight over what motivated the addition of a controversial question about citizenship status to the 2020 census.

  • September 25, 2018

    Ocean Spray Hit With Class Suit Over Artificial-Free Label

    Consumers filed suit against Ocean Spray in Massachusetts federal court Monday, saying the company falsely advertised its juices as having no artificial flavors.

  • September 25, 2018

    ERISA Plan Doesn't Cover Boarding School: Harvard Pilgrim

    A health care plan issued under the Employee Retirement Income Security Act does not cover a Massachusetts child's six-figure stay at a therapeutic boarding school in Utah because the service was not pre-approved, in-network or an emergency, Harvard Pilgrim Health Care Inc. told a Utah federal judge Monday.

  • September 25, 2018

    Memo In State St. Case Ties Labaton Proxy To Ark. Politician

    The Massachusetts federal judge overseeing a probe of an eight-figure plaintiff fee award in the $300 million State Street class action unsealed a report Tuesday saying a Texas lawyer and a former Arkansas state senator played a "significant role" in securing the case for plaintiffs firm Labaton Sucharow LLP.

  • September 25, 2018

    17 AGs Back Mass. In Trump Birth Control Rules Challenge

    Pennsylvania and 16 other states threw their support behind Massachusetts' First Circuit bid to revive its challenge to Trump administration rules exempting employers with moral or religious objections from providing birth control coverage under the Affordable Care Act.

  • September 25, 2018

    3D Printing Rivals Spied On Each Other, Mass. Jury Hears

    Two rival three-dimensional printing companies gave a jury different accounts of trade secret theft allegations as their trial began in a Boston courtroom on Tuesday, laying out a dispute that reads like a spy thriller.

  • September 25, 2018

    Construction Co. Fights Copyright Suit Over Sandwich Photo

    Construction company Tocci Building Corp. on Tuesday said a Florida-based photography firm cannot sue Tocci in Massachusetts federal court for allegedly using, without permission, a copyrighted image of a sandwich to encourage employees to bring packed lunches to job sites.

  • September 24, 2018

    Prosecutors Can Tell 3rd NECC Jury About Meningitis Pain

    Low-level pharmacists at the shuttered New England Compounding Center whose bosses have been convicted of causing a drug contamination that gave patients meningitis cannot preclude prosecutors from telling jurors next month about the horrendous pain caused by their supervisors, a Massachusetts federal judge ruled Monday.

  • September 24, 2018

    Mass. AG Pans Grid Operator's Power Plant Rescue Plan

    Regional grid operator ISO New England's plan to pay struggling power plants in the name of regional fuel security could saddle consumers with more than $1 billion worth of unjust and unreasonable rates if approved by the Federal Energy Regulatory Commission, the Massachusetts attorney general's office said Friday.

  • September 24, 2018

    PR Firm Ex-CFO Admits Skimming But Disputes By How Much

    The former chief financial officer for an international marketing and public relations firm pled guilty to an embezzlement scheme that prosecutors say cost the four companies he worked for more than $3.8 million, even as he took issue with many of the specific allegations laid out during a hearing Monday in Massachusetts federal court.

  • September 24, 2018

    Latham, Choate Steer PE Sale Of $1.8B Brazilian Data Co.

    Boston-based private equity firm Great Hill Partners said Monday it has agreed to sell its controlling stake in Brazilian provider of data center and fiber infrastructure services Ascenty Holdings LLC to a subsidiary of Digital Realty Trust Inc. in a deal that values the company at more than $1.8 billion and was guided by Latham & Watkins LLP and Choate Hall & Stewart LLP.

  • September 24, 2018

    Ex-Akebia Analyst Jailed For Ignoring Probation Calls

    A former biostatistician at Akebia Therapeutics Inc. will await sentencing for an insider trading conviction from behind bars after a fed-up Massachusetts federal judge ordered him jailed Monday for ignoring repeated calls from probation, even as he frequently chatted with his co-conspirator.

  • September 24, 2018

    B2B Co. Claims Computer Biz 'Stole' Records To Get Ahead

    Business-to-business company DiscoverOrg LLC sued computer service provider Timlin Enterprises Inc. on Monday for copyright infringement, claiming Timlin gained unauthorized access to and then “stole” from DiscoverOrg's trove of sales and marketing records in order to target new customers.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Harvard Asks 1st Circ. To Uphold Win In Tenure Bias Suit

    Harvard University asked the First Circuit on Friday to affirm that a former associate anthropology professor failed to prove the prestigious school denied her application for tenure because she is a woman and had voiced support for sexual assault victims.

  • September 21, 2018

    15 Firms To Lead IPOs Exceeding $1.1B Amid Peak Season

    Fifteen law firms will guide initial public offerings from 13 companies that are expected to raise more than $1.1 billion during the week of Sept. 24, a busy lineup dominated by technology and life sciences firms going public during a sweet spot on the annual IPO calendar.

  • September 21, 2018

    Massachusetts Man Sues Toyota After Rodents Ate His Car

    A Massachusetts driver says Toyota has for years been outfitting vehicles with cost-saving, environmentally friendly electrical insulation that "uniquely attracted" rodents, causing an infestation and extensive damage to his vehicle, which is the subject of a lawsuit in Boston.

Expert Analysis

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.