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Massachusetts

  • April 27, 2018

    NY Leads Group Opposing EPA's Clean Power Plan Repeal

    New York and other state and local governments objected Thursday to the U.S. Environmental Protection Agency's proposal to repeal the Obama-era Clean Power Plan for fighting climate change, arguing the EPA must set limits on carbon pollution.

  • April 27, 2018

    DePuy Wins Infringement Damages Cap For Missing IP Marks

    A patent holder lost more than a decade’s worth of possible payout in an infringement suit against DePuy Orthopaedics Inc. over a bone-joining device when a Wisconsin federal judge on Wednesday limited damages to the last four years, citing a lesser-invoked rule about marking patented products.

  • April 27, 2018

    'Van Gogh Of Woodworking' Wants PBS To Halt Slogan Use

    An ex-television host described by his former employer as the "Van Gogh of Woodworking" asked a Massachusetts federal judge on Friday to stop a Boston Public Broadcasting Service affiliate from using his slogan and likeness in promoting its TV show after the station dropped him after seven years on the air.

  • April 27, 2018

    Seafood Refiner Co-Owner Gets 2 Years For $1M Tax Evasion

    The co-owner of a major Gloucester, Massachusetts, seafood processing plant will spend two years in federal prison after being sentenced for evading more than $1 million in taxes at an emotional hearing Friday in a Boston courthouse.

  • April 27, 2018

    Actis Scoops Up Mexican Oil & Gas Portfolio Valued At $1.26B

    London-based private equity firm Actis Capital LLP has acquired the Mexican portfolio of Massachusetts-based power generation firm InterGen for an enterprise value of $1.26 billion, the company said Friday.

  • April 27, 2018

    Senate Democrats Float Bill To Curb Noncompete Agreements

    Sen. Chris Murphy, D-Conn., and two other Senate Democrats on Thursday unveiled legislation that would prohibit employers from locking workers into noncompete agreements and put violators on the hook for federal fines or private lawsuits.

  • April 26, 2018

    ICE, US Atty Stand By Rare Immigration Arrest At Courthouse

    Federal immigration officials and the U.S. Attorney for the District of Massachusetts on Thursday stood by the attendance of two agents at an asylum-seeking international student’s sentencing so they could arrest her immediately after she left, a move that enraged the presiding judge.

  • April 26, 2018

    1st Circ. Orders NH Post Office To Explain Job Changes

    The First Circuit on Thursday backed the National Labor Relations Board and required a Nashua, New Hampshire, branch of the United States Postal Service to explain, as it has since its workers’ union launched the action, why it eliminated the role of dedicated mail sorters in 2016.

  • April 26, 2018

    Disbarred Mass. Atty Gets Nearly 5 Years For Investor Scams

    A disbarred Massachusetts attorney described by one of his victims as an “incorrigible criminal” was sentenced to nearly five years in federal prison Thursday after being convicted in two separate trials for swindling would-be investors — including a nurse caring for the lawyer’s ailing wife — out of more than $360,000.

  • April 26, 2018

    Serono Fights Biogen's Retrial Bid Over Nixed MS Drug Patent

    A New Jersey federal jury rightly found that a Biogen MA Inc. patent covering its multiple sclerosis treatment Avonex was invalid, because while the patent covered a new process, the treatment was decades old, EMD Serono Inc. told the court Wednesday.

  • April 26, 2018

    Uber Tries To Ditch Boston Cabbie's Antitrust Claims

    Uber asked a Massachusetts federal judge Wednesday to toss antitrust claims in a Boston cab driver's proposed class action alleging the ride-hailing giant monopolized the market by helping its drivers circumvent local taxi rules, saying it’s implausible to call Uber anti-competitive for increasing consumer choices in a “gerrymandered” market.

  • April 26, 2018

    Atty Cites 1st Circ. In Seeking Contempt In Biolitec IP Case

    An attorney asked a Massachusetts federal judge Wednesday to reconsider ordering him to pay a nearly $50,000 sanction for trying to help client Biolitec AG dodge a $75 million judgment won by AngioDynamics Inc. in a years-old intellectual property dispute, saying he was following the First Circuit's direction in seeking a contempt order.  

  • April 25, 2018

    ICE Agents Crash Court To Detain Student, Upsetting Judge

    United States immigration agents sat in the back of a Boston courthouse Wednesday as an international student who has admitted visa fraud and is seeking asylum was being sentenced, and detained her when she left the building, upsetting a federal judge who condemned U.S. Immigration and Customs Enforcement’s rare encroachment on the courts.

  • April 25, 2018

    Drivers Hit Boston Papa John’s With FLSA Suit Over Tips

    A group of Boston-area Papa John’s franchises was hit with a proposed class action Wednesday in federal court by dozens of drivers who say the stores violated the Fair Labor Standards Act by failing to properly inform customers that added delivery fees do not end up in the drivers' pockets.

  • April 25, 2018

    The Firms Filing The Most Patent Suits In Q1

    Stamoulis & Weinblatt LLC maintained its perch atop the list of law firms filing the most patent suits in the first quarter of 2018, but there was plenty of shakeup below, with several new firms clawing their way onto the list.

  • April 25, 2018

    GSK, Zofran Users Bicker Over Scope Of Patient Discovery

    Counsel for GlaxoSmithKline and families who claim its anti-nausea medication Zofran caused various birth defects argued in Boston federal court Wednesday over how many patients should be targeted for individual discovery in the multidistrict product liability litigation.

  • April 25, 2018

    Fabric Maker Polartec Gets Quick Win In Quality Case

    A Wisconsin federal judge on Wednesday tossed a suit claiming Polartec LLC’s NeoShell fabric is not as waterproof as the Massachusetts textile manufacturer has represented it to be, ruling that women's clothing maker Extreme Sports Divas, which used the fabric in its garments, hadn’t proved that Polartec misrepresented its product’s quality.

  • April 25, 2018

    Atty Group Backs School In $6M KPMG Fraud Detection Row

    The Massachusetts Academy of Trial Attorneys and a Boston-area housing authority this week submitted briefs backing a North Shore college in its bid to get the state’s top appellate court to reverse a decision throwing out a suit against Big Four auditor KPMG LLP for failing to catch a $6 million fraudulent loan scheme.

  • April 24, 2018

    3 Firms To Pay $800K More Amid Billable Hour Probe

    Labaton Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP will pay up to $800,000 more to cover costs for a probe into whether they inflated billable hours to claim $75 million in fees in a suit against State Street Corp. over its foreign exchange practices, a Massachusetts federal judge ruled Tuesday.

  • April 24, 2018

    Proskauer Advises Nonantum Capital On $350M Debut Fund

    Boston-based Nonantum Capital Partners was advised by Proskauer Rose LLP on the closing of its inaugural private equity fund, which took in $350 million in commitments, the private equity firm said Tuesday.

Expert Analysis

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • West Coast 'Super Tort' PCB Suits Have Staying Power

    Gary Smith

    Increasingly, municipalities and states are pursuing public nuisance theories against product manufacturers and distributors. Actions filed by West Coast municipalities and states over the past three years against polychlorinated biphenyl manufacturer Monsanto continue to progress through the courts, say Gary Smith and Casey Clausen of Beveridge & Diamond PC.

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.

  • Childproof Cannabis Packages Won’t Impress Jeff Sessions

    Neama Rahmani

    A group of cannabis-oriented businesses recently announced standards meant to "protect consumers and demonstrate to regulators, financial institutions and the public that they operate at the highest level of ethics and responsibility." But these measures, including labeling, child-resistant packaging and health warnings, are unlikely to convince the U.S. Justice Department, says Neama Rahmani of West Coast Trial Lawyers.

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.