Massachusetts

  • June 30, 2020

    Biogen Gets Temporary Halt On Unapproved Mylan MS Drug

    Biogen has urged the Federal Circuit to bar Mylan from moving forward with a generic version of Biogen's top-selling multiple sclerosis drug Tecfidera while it appeals a patent invalidation, leading the appellate court to grant temporary relief Tuesday.

  • June 30, 2020

    Uber Drivers Ask 1st Circ. For Employee Status Via Injunction

    An Uber driver told the First Circuit on Tuesday that the company's practice of classifying drivers as independent contractors flouts Massachusetts wage laws, diminishes labor standards and strains the state's social safety nets, all of which justify granting drivers employee status through an injunction.

  • June 30, 2020

    States Criticize EPA Push To Maintain Particulate Matter Regs

    A coalition of states including Maryland and New York told the U.S. Environmental Protection Agency that fine and coarse particulate matter pollution kills thousands of people each year and the agency is wrong not to tighten its rules to better protect public health.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    Fla. Pushes To Use Video Footage From Sting That Got Kraft

    Florida told a state appeals court Tuesday that video evidence collected by police in the day spa prostitution sting that ensnared New England Patriots owner Robert Kraft should not be suppressed, arguing that there was no Fourth Amendment violation in the police's use of video surveillance.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    Harvard Groups Say Suit Over Single-Sex Club Ban Not Moot

    Fraternities and sororities suing Harvard University over a policy sanctioning students for joining single-gender organizations said Tuesday the case is not moot despite the school's decision to end the practice.

  • June 30, 2020

    BlackRock Joins Goldfinch Bio's $100M Series B Round

    Kidney disease-focused biotechnology company Goldfinch Bio Inc. has raised $100 million in a financing round led by Eventide Asset Management and attracting new investors including funds managed by BlackRock Investment LLC, in a deal worked on by Ropes & Gray LLP, the company said Tuesday.

  • June 30, 2020

    Summit Partners Snags $2.2B Total For 2 Investment Funds

    Summit Partners said Tuesday that it wrapped up two funds totaling about $2.2 billion, one that will target equity investments in companies based in Europe and another that will focus on growth-stage companies headquartered in North America.

  • June 29, 2020

    Biz Groups Get OK To Enter Fight Over Joint Employer Rule

    A New York federal judge on Monday let a business coalition join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.

  • June 29, 2020

    Mass. Court Upholds Retailer's $5M Tax, Penalty Abatement

    A furniture retailer is not liable for almost $5 million in sales tax and penalties on sales that were covered under Massachusetts' statutory sales tax holidays, a state appeals court found, upholding a ruling of the state tax board. 

  • June 29, 2020

    Harvard Drops Single-Gender Club Ban After Justices' Ruling

    Harvard University on Monday ended a policy punishing students who join single-gender clubs, citing the recent landmark U.S. Supreme Court ruling protecting workers from discrimination based on sexual orientation or gender identity.

  • June 29, 2020

    Labaton Sucharow To Lead Abiomed Stock-Drop Class Action

    A New York federal judge on Monday tapped Labaton Sucharow LLP to lead a proposed class of investors alleging medical device developer Abiomed Inc. misled them about the company's finances, leading to a drop in stock prices.

  • June 29, 2020

    Coalition Says Trump Can't Strip Calif. Emissions Authority

    A California-led coalition told the D.C. Circuit on Monday that the federal government overreached when it departed from long-standing practice and rescinded a Clean Air Act waiver that allowed California to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • June 29, 2020

    High Court Won't Revive Libel Suit Over Police Log Reposts

    The U.S. Supreme Court said Monday it wouldn't reconsider a Massachusetts Supreme Judicial Court ruling that affirmed defamation protection for news media that republish information from police activity logs. 

  • June 29, 2020

    May It Please The Camera: Zoom Trials Demand New Skills

    As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations.

  • June 29, 2020

    Firms Seek $2.3M Fee For $484K Award In Cop Back Pay Suit

    Lichten & Liss-Riordan PC and Fair Work PC have asked a Massachusetts federal judge for $2.3 million in fees and costs after helping a group of minority police officers who lost promotions because of a discriminatory exam win a $484,000 back pay judgment against the city of Boston.

  • June 26, 2020

    Surveillance Reformers Seize Moment Amid Protests, Virus

    A growing movement for police reform and added scrutiny of privacy in the age of COVID-19 have combined to add momentum to the push for limits on government surveillance.  

  • June 26, 2020

    5 Tech And Life Sciences Cos. Raise Nearly $1B Total In IPOs

    Five tech and life sciences companies, spanning from Chinese software and cryptocurrency mining companies to North American drug developers, made their public markets debuts Friday after raising nearly $1 billion in combined initial public offerings, capping a busy week for IPOs.

  • June 26, 2020

    Latham-Led Pesticide Group Lands $45M Funding Round

    A Latham & Watkins-led venture capital-backed company researching new pesticides to help farmers in developing countries better protect their crops announced its launch Friday and a $45 million funding round led by the Bill & Melinda Gates Foundation.

  • June 26, 2020

    Insys Founder Says 4th Circ. Ruling Aids New Trial Bid

    Convicted Insys Therapeutics Inc. founder John Kapoor told the First Circuit Thursday that the new trial ordered by the Fourth Circuit for a West Virginia doctor in an opioid case supports his own appeal because the jury may have been swayed by dramatic, but irrelevant, patient testimony.

  • June 26, 2020

    DeVos Ordered To Discharge Mass. Corinthian College Loans

    U.S. Secretary of Education Betsy DeVos has 60 days to sign off on a loan discharge request from thousands of former students of bankrupt Corinthian College schools in Massachusetts that the department sat on for nearly five years, a federal judge ordered Thursday.

  • June 26, 2020

    COVID-19 Remote Work Denial Not Discrimination, Court Told

    A Massachusetts engineering firm fought back against a claim that it fired an employee because he asked to work remotely during the COVID-19 pandemic, saying Friday that the worker simply abandoned his job after the request was denied and he offered no proof of discrimination.

  • June 25, 2020

    DA Accused Of Sanitizing Arrest Report Of Judge's Daughter

    A Massachusetts ethics watchdog on Wednesday accused the Worcester County district attorney, the former head of the state police and two others of breaking a conflict of interest law when they allegedly scrubbed sexually explicit statements from the arrest report of a judge's daughter.

  • June 25, 2020

    Google Can't Escape Tech Co.'s AI Patent Suit

    A federal judge in Massachusetts declined to let Google off the hook for allegedly violating a computing startup's artificial intelligence patents, explaining that more information is needed to determine whether the claimed protected inventions can even be patented.

Expert Analysis

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • March Trading Halts May Complicate Securities Class Actions

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    Trading restrictions used to mitigate COVID-19 market volatility in March may have had the unintended consequence of hampering price discovery, which could in turn impede market efficiency analysis in securities class actions, say consultants at Cornerstone Research.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Opinion

    The Remote Jury Trial Is A Bad Idea

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    The notion of holding jury trials via videoconference has been floated as a near certainty, with some jurisdictions already engaging in pilot programs, but the fundamental genius of the jury trial can only exist in a live, in-person setting, say Paula Hinton and Tom Melsheimer at Winston & Strawn.

  • Patent Specification Has Become Vital For Nonabstract Claims

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    The Federal Circuit's recent decisions in CardioNet v. InfoBionic and Uniloc v. LG are a reminder that practitioners should use concrete terms in patent specifications to support claim eligibility in prosecution and litigation, say Thomas Sullivan and John Spangenberger at Lando & Anastasi.

  • How Cos. Can Adapt To Insurance Industry After COVID-19

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    Policyholders should maintain diligence, carefully assess risks, and thoughtfully rebalance risk transfer and mitigation strategies in order to weather the pandemic's long-term impact on the insurance industry, says Daniel Struck at Culhane Meadows.

  • What State Laws On COVID-19 Liability Protection Look Like

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    ​​​​​​​While the federal government continues to debate COVID-19 immunity for businesses, many states have already taken action, offering a preview of the breadth and scope of potential federal legislation, says Nicholas Blei at CMBG3 Law.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

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