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Massachusetts

  • July 25, 2018

    Mister Cookie Face Rips Gorillas' Bid To Add NJ Claim

    Dessert maker Mister Cookie Face LLC cried foul on a bid by its former customer 600 lb. Gorillas Inc. to amend its complaint only days before a trial between the two over the butterfat content in ice cream by adding a claim under the New Jersey Consumer Fraud Act, according to an opposition filed Wednesday in Massachusetts federal court.

  • July 25, 2018

    US, France Sanction Cos. That Gave Weapons Tech To Syria

    In a coordinated action with the French government, the U.S. Department of the Treasury has slapped sanctions on a group of electronics companies and affiliated people after determining they helped Syria build up its chemical weapons program, the department said Wednesday.

  • July 25, 2018

    Skier Asks 1st Circ. To Saddle Resort For Pole Collision

    A New Yorker who skied into a snow-covered pole in New Hampshire asked the First Circuit on Wednesday to hold Mount Sunapee Resort responsible for his injuries, challenging the legality of a small-print liability release on the back of his lift ticket.

  • July 25, 2018

    Boston Globe Sued For Publishing Hernandez Fiancée's Pic

    Prolific copyright plaintiffs counsel Liebowitz Law Firm PLLC hit The Boston Globe with an infringement suit in New York federal court Tuesday, alleging the newspaper's website published without permission a photograph of the late NFL player Aaron Hernandez's pregnant former fiancée, Shayanna Jenkins.

  • July 25, 2018

    Boston Scientific Chips Away At Nevro Patents, Beats IP Suit

    A California federal judge invalidated several claims of four Nevro Corp. patents covering spinal cord stimulation technology Tuesday and ruled that Boston Scientific Corp. didn’t infringe the remaining claims with its own technology.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Kirkland Reps Grubhub In $390M Deal For PE-Backed LevelUp

    Online and mobile food-ordering and delivery service Grubhub Inc. said Wednesday it has agreed to buy Boston-based private equity-backed mobile dining engagement and payment solutions company LevelUp for $390 million in cash, in a deal that was guided by Kirkland & Ellis LLP.

  • July 25, 2018

    Prison Phone Cos. Push Back On Efforts To Halt Merger

    Prison phone operators Securus Technologies Inc. and Inmate Calling Solutions LLC have fired back at opponents of a proposed merger between the companies, telling the Federal Communications Commission that critics have misstated the facts about the impact of the deal on the market for inmate phone service.

  • July 25, 2018

    1st Circ. Denies Labaton Bid To DQ Judge In $75M Fee Fight

    The First Circuit on Wednesday denied an emergency request by Labaton Sucharow LLP seeking to have the federal judge overseeing a messy $75 million attorneys' fee fight removed, saying the firm did not meet the high bar necessary for such a step.

  • July 25, 2018

    Harvard Pilgrim's ERISA Denial Questioned By 1st Circ.

    The First Circuit grilled a lawyer for Harvard Pilgrim Health Care on Wednesday over why it denied a young woman's claim for payment for inpatient mental health services she said she was entitled to under the Employee Retirement Income Security Act.

  • July 24, 2018

    Textron Must Disclose Legal Advice On Cluster Bomb Deal

    Textron Systems Corp. must turn over documents surrounding legal advice it received 14 years ago that could shed light on whether the last U.S. company to have manufactured cluster bombs was justified in cutting a Saudi consultant out of a $1 billion deal, a Massachusetts federal judge ruled Tuesday.

  • July 24, 2018

    Feds Say Evidence Easily Ties Ex-State Street Exec To Fraud

    Federal prosecutors on Tuesday defended the legitimacy of a conspiracy and fraud conviction of a former State Street executive, arguing against the broker-dealer’s bid for a judge to overrule a jury’s decision and acquit him.

  • July 24, 2018

    Judge Defends 'Deflategate' Ruling After Autograph Request

    Just when it seemed that the so-called Deflategate case involving New England Patriots quarterback Tom Brady was history, the New York federal judge who sided with the quarterback and players union filed a letter in the case docket saying he stands by his decision while respectfully declining a fan’s request for his autograph.

  • July 24, 2018

    SEC's $15B In Penalties Were Illegal, Skeptical Judge Hears

    A Massachusetts federal judge on Tuesday appeared skeptical of the notion that the U.S. Securities and Exchange Commission had overstepped its bounds in seeking almost $15 billion in disgorgements under a 2017 U.S. Supreme Court decision that a liquidation trustee says obliterated the commission's ability to pursue such penalties.

  • July 24, 2018

    Washington Has 'Amnesia' On Bank Reg Rollbacks: Brown

    The top Democrat on the Senate Banking Committee said Tuesday that Wall Street is getting its way with recent efforts to relax the post-crisis financial regulatory framework and warned that Washington is in the throes of a “collective amnesia.”

  • July 24, 2018

    Feds Try To Clear Up Ex-Insys Execs’ RICO Charge For Judge

    After a contentious hearing last week, federal prosecutors charging several former Insys Therapeutics Inc. executives with conspiring to bribe doctors so they’d prescribe the company’s fentanyl spray tried to explain the racketeering charges to a puzzled Massachusetts federal judge and promised a new, streamlined indictment in a memorandum filed Tuesday morning.

  • July 24, 2018

    Trial Attys Urge High Court To Nix Trucking Co. Arbitration Bid

    Trial lawyers and consumer advocates told the U.S. Supreme Court on Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices proper minimum wage, saying Congress meant to exempt all transportation workers from the Federal Arbitration Act.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

  • July 23, 2018

    Trump Can't Slip Suit Over Ending Immigration Protections

    A Massachusetts federal judge on Monday rejected most of the Trump administration’s bid to toss a lawsuit by nonprofits and immigrants alleging ‘racial animus’ fueled its decision to end temporary protected status for Haitian, Salvadoran and Honduran immigrants, clearing the way for the immigrants to continue their bid to block that termination.

  • July 23, 2018

    Bankrupt Power Co. Cleared To Spin Off Plant, Cut $95M Debt

    Talen Energy affiliate New Mach Gen LLC secured confirmation of its prepackaged Chapter 11 without a single short circuit Monday, gaining clearance for a plan to spin off one of its three power plants to a lender and reduce the remaining company’s debt load by $95 million.

Expert Analysis

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Opinion

    We Need A Federal Plan To Combat Sea Level Rise

    Michael Parker

    Climate resiliency measures to abate future disasters in coastal cities like Boston need to be taken now to avoid disasters and save hundreds of billions of dollars in the future. But climate change needs a master plan; it cannot be left to thousands of cities to coordinate efforts — that is what our federal system is for, says Michael Parker of Rackemann Sawyer & Brewster.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Why Fossil Fuel Generation Facilities May Be Overvalued

    Mark Lansing

    As renewable energy and energy storage drive electricity prices down, generation revenues should further decline, which should lower the valuation of coal, nuclear and natural gas power plants. Yet assessments of fossil fuel generation assets have generally remained steady, suggesting they are being significantly overvalued, says Mark Lansing of Dickinson Wright PLLC.