Massachusetts

  • June 25, 2020

    Container Store Poised To Escape ADA Suit After Tech Update

    A Massachusetts federal judge said The Container Store should prevail in an Americans with Disabilities Act proposed class action alleging it lacked blind-accessible point-of-service devices because the retailer updated its payment technology.

  • June 25, 2020

    Mass. AG Says Pharmacy Paid Law Firms For Opioid Patients

    A Massachusetts mail-order pharmacy will pay the state $11 million to settle allegations it recklessly dispensed thousands of opioid prescriptions without proper safeguards in place and illegally paid law firms for patient referrals, Attorney General Maura Healey announced Thursday.

  • June 24, 2020

    Boston Votes To Ban Gov't Use Of Facial Recognition

    Boston's City Council on Wednesday unanimously voted to ban the city government from using facial recognition software, becoming the second-largest U.S. city to bar the use of a technology that more than one study has shown is error-prone in identifying people with darker skin.

  • June 24, 2020

    Wayfair Investor Sues For Records On $535M Transaction

    Online retailer Wayfair Inc. was hit with an investor lawsuit Tuesday in Delaware Chancery Court seeking company records to investigate potential wrongdoing related to the issuance of $535 million in notes at a "steep discount" to investment firms with ties to the company's controlling shareholders.

  • June 24, 2020

    Regeneron Paid Kickbacks To Boost Eye Drug, Feds Say

    Federal prosecutors in Massachusetts accused New York pharmaceutical company Regeneron Pharmaceuticals on Wednesday of paying tens of millions of dollars in illegal kickbacks through a foundation to get doctors to prescribe its injectable eye disease drug.

  • June 24, 2020

    WarnerMedia Asks 1st Circ. To Ax Maine Cable Bundling Law

    If the First Circuit revives a blocked Maine law that gives customers the right to cherry-pick which individual channels they want to buy, it will wreak havoc on the cable industry, media giant WarnerMedia has told the court.

  • June 24, 2020

    'Varsity Blues' Parents Can't Get Wiretap Evidence Tossed

    Parents fighting charges in the "Varsity Blues" college admissions case lost a bid to throw out evidence recovered from calls and emails between them and the scheme's mastermind after a federal judge ruled Wednesday that the government showed the interceptions were necessary and properly authorized.

  • June 24, 2020

    Mass. Courts Target July 13 For 1st Reopening Phase

    State courts in Massachusetts will open to the public for limited purposes on July 13, the Supreme Judicial Court said Wednesday, outlining the two-phase restarting of some in-person proceedings across the state during the coronavirus pandemic.

  • June 24, 2020

    McDermott Atty Faults Vets Home's 'Baffling' Virus Response

    The leadership of the Holyoke Soldiers' Home in Massachusetts made "baffling" decisions as it struggled to respond to a COVID-19 outbreak that killed 76 veterans in the long-term care facility, according to a state-ordered report by McDermott Will & Emery LLP partner Mark W. Pearlstein that was released Wednesday.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 23, 2020

    Not So Fast: Dems Ask EOIR To Prove It's Ready For Hearings

    Democratic senators questioned the Executive Office for Immigration Review's plans to restart hearings as early as June 29 — despite continued upticks in COVID-19 cases across the country — in a five-page letter sent to EOIR Director James McHenry on Tuesday.

  • June 23, 2020

    Bridgegate No Lifeline For 'Varsity Blues' Parents

    Admission slots to elite universities qualify as property under the mail and wire fraud statutes invoked in the "Varsity Blues" college admissions prosecution, a Massachusetts federal judge said Tuesday, refusing to dismiss the charges despite the U.S. Supreme Court's recent decision in the Bridgegate case.

  • June 23, 2020

    DoorDash Drivers Fight Uphill Battle To Intervene In $40M Deal

    DoorDash couriers urged a California judge on Tuesday to change his tentative decision to deny their bid to intervene and object to a proposed $39.5 million deal that would resolve proposed class actions alleging the app-based food delivery company misclassified 419,000 couriers in Massachusetts and California.

  • June 23, 2020

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

    As a regional surge in COVID-19 prompted states like Florida to step up enforcement of restrictions, over the past week other regions continued to advance reopening plans amid signs the virus' spread is slowing.

  • June 23, 2020

    House Panel Says Lockheed Falling Short On F-35 Part Supply

    House Oversight Committee leaders said Tuesday that the panel is investigating Lockheed Martin's "troubling" failures to deliver ready-to-install spare parts for the F-35 fighter jet, saying issues with spare parts cost the military about $55 million each year.

  • June 23, 2020

    Pandemic May Push 1st Zofran MDL Bellwether To 2021

    A Massachusetts federal judge told lawyers representing GlaxoSmithKline and plaintiffs who claim its anti-nausea medicine Zofran caused birth defects that he's open to creative ways to hold a complex jury trial with social distancing, but he may have no choice but to wait until 2021.

  • June 23, 2020

    Columbia Gas Sentenced To Pay $53M For Mass. Explosions

    Lamenting he cannot "go back and erase" the deadly 2018 Merrimack Valley gas explosions, a federal judge on Tuesday sentenced Columbia Gas of Massachusetts to pay a $53 million fine and submit to up to three years of probationary oversight, including an in-house safety monitor.

  • June 22, 2020

    Ex-ADI Employee Sees Anti-Chinese Bias In IP Theft Charges

    A former Analog Devices Inc. employee argued Monday that federal prosecutors illegally singled him out because he's of Chinese descent as he made a bid to dismiss charges that he stole the global semiconductor company's trade secrets and sold its designs as his own.

  • June 22, 2020

    Helping Ghosn Escape 'Not A Crime' In Japan, Atty Says

    Lawyers for a father and son accused of sneaking ex-Nissan CEO Carlos Ghosn out of Japan told a U.S. judge Monday the two should be released as they fight the country's request to have them extradited, arguing their alleged conduct doesn't qualify as a criminal "escape" under Japanese law.

  • June 22, 2020

    Man Tried to Defraud Virus Pay Program Of $13.5M, DOJ Says

    A Massachusetts man whose employees are based in India was charged with wire fraud in Boston federal court Monday for allegedly filing bogus loan applications for $13.5 million — and collecting $2 million — from the federal Paycheck Protection Program.

  • June 22, 2020

    Insurer Hits Furnace Co. With $4M Suit Over Explosion

    The Continental Insurance Co. is suing furnace manufacturer AVC Inc. for $4 million in Massachusetts federal court over an explosion that damaged property and equipment belonging to one of its clients.

  • June 22, 2020

    4 Cos. Join Busy IPO Pipeline With Launches Totaling $598M

    Three venture-backed biotechnology firms on Monday set price ranges for initial public offerings estimated to raise $300 million combined and a Chinese software developer is eyeing a $298 million IPO, adding to a crowded schedule of IPOs this week.

  • June 22, 2020

    Curaleaf Nixes Cash In Amended Grassroots Purchase Deal

    Marijuana cultivator and dispensary chain Curaleaf announced on Monday that it had revised its agreement with Grassroots from a cash-and-stock sale to an all-stock deal, nearly one year after the blockbuster cannabis transaction was first announced.

  • June 22, 2020

    Justices Skip Au Pair Challenge To Mass. Minimum Wage

    The U.S. Supreme Court on Monday skipped over an au pair agency's challenge to Massachusetts' labor protections, preserving the state's mandate that foreign child care providers receive at least minimum wage.

  • June 22, 2020

    Harvard Beats Suit Over Denied Diploma For Assault Suspect

    Harvard University won dismissal of a former student's suit alleging he was wrongly denied a diploma after being accused of sexual assault, when a federal judge ruled Monday that the Ivy League school handled an investigation into the claims by the book.

Expert Analysis

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How Insurers Can Prepare For Hurricanes During A Pandemic

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    Insurance companies will face unique challenges if a major hurricane strikes before the conclusion of the pandemic, so they should prepare for the possibility of depleted resources and socially distant claims investigations, say attorneys at Zelle.

  • Spring Is A Good Time To Revisit Easement Conflict In Mass.

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    A recent Massachusetts Land Court case addressing beach access and other easement rights in residential subdivisions serves as a reminder of the complex issues surrounding easements that real estate companies and developers might consider as summer approaches, says Gordon Orloff at Rackemann Sawyer.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

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