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Massachusetts

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Keep Haitians' Status Suit, 17 States Tell NY Court

    A group of 17 states and the District of Columbia filed an amicus brief in New York federal court Wednesday backing a legal challenge to a decision by President Donald Trump and the U.S. Department of Homeland Security to end temporary protected status for Haitians.

  • September 19, 2018

    Labaton, ERISA Attys Reach Tentative Deal In $75M Fee Fight

    The special master appointed to investigate a $75 million attorneys' fee awarded in a $300 million settlement with State Street Corp. has reached a tentative agreement with the lead class counsel, Labaton Sucharow LLP, and Employee Retirement Income Security Act lawyers involved in the case, according to a filing late Tuesday in Massachusetts federal court.

  • September 18, 2018

    Boston Scientific Faces Chancery Suit For Ending $275M Deal

    Medical technology developer Channel Medsystems Inc. sued Boston Scientific late Monday in Delaware's Chancery Court, claiming an unjustified breach of a $275 million agreement to buy Channel and its potential breakthrough device for treating heavy menstrual bleeding.

  • September 18, 2018

    Harvard Eyes Affirmative Action Opponent Behind Bias Suit

    Harvard University said Tuesday its lawyers were considering calling a high-profile affirmative action opponent to testify “in a trial he himself orchestrated” that could ask a Boston federal jury whether the Ivy League school discriminates against Asian-American undergraduate applicants to raise up people of other races.

  • September 18, 2018

    Dunkin' Donuts Wants 'Fake Blueberry' Doughnut Suit Tossed

    Dunkin' Donuts on Monday asked an Illinois federal judge to toss a suit alleging that the chain misled customers about its artificially flavored blueberry doughnuts, saying the customer leading the suit can't prove he overpaid for his sweet treat.

  • September 18, 2018

    Mass. Utility Hit With $50M Suit After Deadly Gas Explosions

    Antiquated infrastructure and a lack of leak prevention and safety practices led to last week’s gas explosions in three communities north of Boston, killing one person and displacing thousands, according to a $50 million proposed class action filed Tuesday in Massachusetts state court seeking to hold the utility company responsible.

  • September 18, 2018

    Six Cos. Launch IPOs Totaling $465M Led By Biotech Firms

    Six companies set price ranges this week on initial public offerings estimated to raise $465 million combined, led by four biotechnology firms plus a medical device company and a Maryland bank, adding to a growing lineup of issuers expected to price IPOs in the coming days.

  • September 18, 2018

    Mass. Hospital Rips FCA Claims Med Students Not Supervised

    Massachusetts General Hospital argued Monday that a former anesthesiologist’s False Claims Act lawsuit citing specific bills fails to properly show that the renowned teaching hospital overbilled government health programs for time patients spent in the care of unsupervised doctors-in-training or waiting on overbooked surgery units.

  • September 18, 2018

    Sens. Want NLRB Member Off Case For Littler Mendelson Ties

    U.S. Sen. Elizabeth Warren, D-Mass., told the National Labor Relations Board that member William Emanuel shouldn't participate in a case that could overturn an earlier board decision allowing workers to use their employers' email systems for union business, arguing that the former Littler Mendelson PC partner had a conflict of interest.

  • September 18, 2018

    Wynn Resorts Hit With $1B RICO Suit Over Mass. Casino

    Wynn Resorts Ltd. conspired to beat an East Boston racetrack for a Massachusetts Gaming Commission casino license through lies, threats, improper conversations with the agency and illegal campaign contributions, according to a multibillion-dollar Racketeer Influenced and Corrupt Organizations Act lawsuit filed in federal court.

  • September 18, 2018

    Smith & Nephew To Pay $10.5M To Settle Knee Implant IP Row

    Smith & Nephew Inc. will shell out $10.5 million to Conformis Inc. to resolve all pending patent disputes between the two medical equipment manufacturers, Conformis said Monday.

  • September 17, 2018

    CIA Can't Shake Suit Seeking Twitter Usage Docs

    A Massachusetts federal judge on Monday shot down the Central Intelligence Agency's bid to ax a Freedom of Information Act suit seeking documents about the agency's Twitter usage, finding that the limited scope of portions of the CIA's search and its decision to withhold information about certain individuals' identities were improper.

  • September 17, 2018

    Martha's Vineyard Golf Club Exempt From OT Pay, Judge Says

    A Massachusetts federal judge on Monday ruled that a tony Martha's Vineyard golf club that has welcomed such luminaries as President Barack Obama and NBA star Steph Curry doesn’t have to pay overtime to employees because it’s a seasonal, recreational establishment.

  • September 17, 2018

    Wagner Law Group Adds ERISA, Tax, Energy Pro As Partner

    The Wagner Law Group has expanded its practice with the addition of an ex-Mazars USA LLP Employee Retirement Income Security Act expert with years of experience under her belt, saying Monday she has come to the firm as a partner in Boston.

  • September 17, 2018

    Charter Pushes For Cable Rate-Control Relief In Mass., Hawaii

    An emerging threat from new online TV streaming competitors calls for freeing the cable business from rate caps in dozens of Massachusetts markets and a Hawaiian island, telecom giant Charter has argued in a new request to the Federal Communications Commission.

  • September 17, 2018

    Mass. To Enforce 'Cookie Nexus,' Revenue Dept. Says

    Massachusetts made it clear Monday that it will continue to enforce its “cookie nexus” regulation reaching back to October 2017, when the regulation was promulgated.

  • September 17, 2018

    Ex-UMass Student News Editor Must Face Defamation Suit

    The Massachusetts Appeals Court ruled Monday that a former employee at University of Massachusetts’ Boston campus can sue a onetime student news editor for defamation, saying that publishing police blotter activity does not enjoy press protections.

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

  • September 17, 2018

    Rejected Harvard Applicants Fight Student Trial Testimony

    Eight Harvard University students and alumni should not be allowed to testify or participate as parties in a landmark admissions suit against the Ivy League school, a group of rejected applicants and the anti-affirmative action plaintiff told a federal judge late Friday afternoon.

Expert Analysis

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.