Massachusetts

  • June 11, 2020

    Victims Groups Latest To Sue DeVos Over Sex Assault Rules

    Victims' rights groups on Wednesday joined a host of states and other organizations that have sued the U.S. Department of Education and its secretary Betsy DeVos seeking to block new rules that limit schools' responsibilities to investigate sexual harassment claims under Title IX in certain cases.

  • June 10, 2020

    Insys Manager Who Flipped On Bosses Avoids Prison Time

    A former Insys Therapeutics manager who pled guilty and testified against her former bosses over their opioid bribery and insurance fraud scheme dodged prison time Wednesday after a Massachusetts federal judge sentenced her to supervised release.

  • June 10, 2020

    AGs Pile On Generics Cos. With 3rd Price-Fixing Complaint

    State enforcers added more treatments to their price-fixing case against generic-drug makers with a third complaint Wednesday in Connecticut federal court accusing 26 companies and 10 individuals of "rampant" collusion on topically applied treatments.

  • June 10, 2020

    Google Says Tech Co.'s Computing Patents Just Simple Math

    Google Inc. told a Massachusetts federal judge Wednesday that a technology firm's computing patents are too "abstract" to support infringement claims, comparing them to the familiar ritual of calculating how much tip to leave at the end of a meal.

  • June 10, 2020

    Insurance Software Co. Nabs New Investors In $230M Round

    A software company serving the property and casualty insurance industry said Wednesday that it had raised $230 million in its latest funding round and nabbed new investments from Kayne Anderson Rudnick Investment Management and Whale Rock Capital Management.

  • June 10, 2020

    Maine Becomes A Hotbed Of Cable Law Spats

    Facing down four lawsuits — including two that reached the First Circuit — over new laws tightening the screws on the practices of cable and internet providers, the state of Maine finds itself embroiled in brawls over telecom issues ranging from customer billing to online privacy.

  • June 09, 2020

    Raytheon Ducks ERISA Suit Over Denied Therapy Coverage

    A Massachusetts federal judge Tuesday tossed a putative Employee Retirement Income Security Act class action brought by an employee accusing Raytheon Co. of refusing coverage under its health insurance plan for their son's speech therapy to treat autism spectrum disorder.

  • June 09, 2020

    Movie Biz Blasts 'Radical' Maine Cable Bundling Law

    The film industry is urging the First Circuit to stamp out legislation in Maine compelling the cable industry to sell channel subscriptions a la carte, calling it a "radical and surprising mandate" that threatens to hurt copyright owners along with cable companies.

  • June 09, 2020

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

    Civil unrest continued to eclipse the COVID-19 pandemic over the past week, during which time state leaders appeared to lift crowd limit rules for protests yet continued to work toward a socially distant, but definitive, relaunch of their economies.

  • June 09, 2020

    Calif. Wants Nationwide Halt Of Trump's Water Rule

    California and a coalition of states and cities have pushed a federal court to issue a nationwide injunction to block the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction, arguing that the change disregards science and is harmful.

  • June 09, 2020

    Kirkland, John L. Koenig Steer App Co.'s $49M Financing

    Appfire, a technology company that provides apps for software development teams, said Tuesday it received a $49 million investment from Silversmith Capital Partners in a deal steered by John L. Koenig Law LLC and Kirkland & Ellis LLP.

  • June 09, 2020

    'Varsity Blues' Feds Say Hot Pockets Heiress Can't Skip Prison

    Federal prosecutors on Monday argued the COVID-19 pandemic is not cause for two mothers, including the daughter of the man who invented Hot Pockets, to avoid their prison terms after pleading guilty in the "Varsity Blues" college admissions case.

  • June 08, 2020

    Alleged Ghosn Escape Helpers Fight Extradition To Japan

    A former Green Beret and his son wanted by Japan for allegedly smuggling disgraced former Nissan Motors chief Carlos Ghosn out of the country told a Massachusetts federal court Monday that they didn't commit a crime in Japan and shouldn't be extradited.

  • June 08, 2020

    Judge Says Cert. Unlikely For Parent ADHD Med Buyers

    Parents who say they overpaid for their children's ADHD medications can't pause their antitrust suit against Actavis and Shire while they appeal the court's decision to deny them class certification, a Massachusetts federal judge ruled Monday.

  • June 08, 2020

    Jailed Biotech Inside Trader Gets 5-Year Ban In SEC Case

    A former biotech employee convicted for insider trading can't fight off a related civil case, a Massachusetts federal judge said Monday, granting the U.S. Securities and Exchange Commission a win and slapping the ex-worker with a five-year ban on serving as a corporate director or officer.

  • June 08, 2020

    EPA Wants To Rid Itself Of Latest Ozone Pollution Suit

    The U.S. Environmental Protection Agency said a coalition of states led by New Jersey can't ask a federal court to impose deadlines on the agency's obligation to hold states accountable for the downwind-floating ozone they emit, which worsens air quality on the East Coast. 

  • June 08, 2020

    Royalty Pharma Leads Life Sci Trio Set To Raise $2.2B In IPOs

    Three life sciences companies — Royalty Pharma, Vaxcyte and Generation Bio — set terms Monday for initial public offerings expected to bring in a combined $2.2 billion, with Royalty Pharma prepping a blockbuster offering of nearly $1.9 billion.

  • June 08, 2020

    ICE Tells 1st Circ. Courthouse Arrest Ban Based On Dead Law

    U.S. Immigration and Customs Enforcement told the First Circuit on Monday that a federal judge's temporary ban on civil immigration arrests in courthouses should not stand because it relies on a long-dead common law privilege that was never intended to apply to immigration enforcement.

  • June 08, 2020

    DOI Must Redo Mashpee Ruling, Leave Land In Trust

    A D.C. federal judge has halted the U.S. Department of the Interior's plan to take out of trust the Mashpee Wampanoag Tribe's land intended for a casino project, saying the Trump administration didn't properly weigh the tribe's evidence when deciding to undo an Obama-era decision to acquire the land.

  • June 05, 2020

    Looting To Test Limits Of Pot Dispensary Insurance Coverage

    After being targeted for looting amid nationwide protests against police brutality, marijuana dispensaries soon will be grappling with insurance coverage challenges unique to an industry that is illegal under federal law.

  • June 05, 2020

    Insurance Broker Can't Dodge Seafood Co.'s Crab Loss Suit

    The Massachusetts Appeals Court on Friday revived Whitecap International Seafood Exporters' suit against broker Eastern Insurance Group for its failure to procure a warehouse liability policy that allegedly left the seafood seller uninsured for its loss of a large shipment of snow crab.

  • June 05, 2020

    Trump Lifts Obama's Fishing Restrictions In Marine Monument

    President Donald Trump on Friday rescinded a fishing ban in a New England marine monument established by former President Barack Obama and also threatened to put a tariff on cars imported from Europe and other goods from China if they don't drop tariffs on U.S. lobsters.

  • June 05, 2020

    Fed. Circ. Won't Say If Premature Alice Ax Bars Invalidity Bid

    The Federal Circuit has refused to answer whether its earlier revival of a CardioNet heart monitor patent blocks medical device maker InfoBionic from again trying to invalidate the patent under the U.S. Supreme Court's Alice ruling.

  • June 05, 2020

    Harvard Carries 'Heavy Burden' In Race Case, 1st Circ. Told

    A group suing Harvard University over its use of race in admissions decisions told the First Circuit on Friday that the Ivy League school carries the "heavy burden" of proving its policies don't harm Asian Americans because of their race.

  • June 05, 2020

    Keep ICE Court Arrests Blocked, Mass. Bar Tells 1st Circ.

    Backing a pair of Boston-area district attorneys, the Massachusetts Bar Association and four other attorney groups asked the First Circuit to leave in place an injunction blocking U.S. Immigration and Customs Enforcement from making civil arrests in state courthouses.

Expert Analysis

  • Opinion

    The Death Of The LSAT

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    Over the last year, the LSAT has been anything but unflappable — it has not been the objective, standardized law school entrance exam it's supposed to be, say soon-to-be law student Elliot Fuchs and attorney Saul Bienenfeld.

  • Perspectives

    Data Is Key To Stopping COVID-19 Spread In Prisons

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    There is an urgent need for state and county officials to publicly share accurate data about COVID-19 testing, infections and deaths in jails and prisons, so that effective, life-saving changes can be made to the criminal justice system, say criminologists Oren Gur, Jacob Kaplan and Aaron Littman.

  • 6 Ways Lawmakers Could Address COVID-19 Liability For Cos.

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    As governors across the country contemplate reopening their state economies, there are several options for allocating legal and financial responsibility for potential COVID-19 liabilities among businesses, employees, patrons, insurers, and federal, state and local governments, say attorneys at Ropes & Gray.

  • Policy Provisions Bolster State Biz Interruption Laws

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    Many insurance contracts contain specific language providing for adjustments following state law changes, supporting state legislators' efforts to ensure that business interruption insurance covers COVID-19 losses, say Patrick McDermott and Syed Ahmad at Hunton.

  • Pandemic May Prompt Legislative Action On Court Deadlines

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    The COVID-19 crisis shines light on the fact that the federal government and most states do not have the power to toll statutes of limitations, and could lead to a full-scale reconsideration of the Federal Judiciary Emergency Powers Tolling Act or other legislative efforts, say Reed Brodsky and Michael Nadler at Gibson Dunn.

  • States Likely To Ramp Up FCA Enforcement Amid COVID-19

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    Companies should prepare for aggressive False Claims Act enforcement by states recovering from pandemic-related financial losses by ensuring compliance programs meet state requirements and developing internal procedures for investigating whistleblower complaints, says Peter Hyun at Wiley Rein.

  • Rebuttal

    State Laws Cannot Retroactively Rewrite Insurance Contracts

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    State efforts to retroactively mandate business interruption insurance coverage for pandemic-related losses are unfair to insurers and violate the U.S. Constitution's contracts, takings and due processes clauses, say Kathleen Sullivan and Derek Shaffer of Quinn Emanuel.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Essential Worker Exceptions From State Stay-At-Home Orders

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    Attorneys at Mayer Brown present a state-by-state compilation of COVID-19-related emergency orders as they relate to essential workers, to help government contractors operating in multiple locations meet the substantial challenge of remaining compliant.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • FERC Energy Capacity Orders Invite Lawsuits, Uncertainty

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    The Federal Energy Regulatory Commission's recent affirmation of its decision to subject certain state-subsidized renewable energy resources to minimum offer price thresholds, without holding federally subsidized fossil-fuel-powered resources to the same requirement, is likely to generate years of litigation and uncertainty, say attorneys at Sheppard Mullin.

  • Would Reinsurers Be Liable For Retroactive COVID-19 Coverage?

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    Case law doesn't answer whether reinsurers will be liable for state-mandated retroactive expansion of business interruption coverage for COVID-19 losses, though courts are identifying factors in the direct insurance context that will likely inform analysis, say Andrew Foreman and Teresa Snider at Porter Wright.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • State And Local Tax Considerations In Light Of COVID-19

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    Now that many states have extended tax filing deadlines, state tax agencies face a range of additional concerns arising out of the pandemic — from conforming to new changes in federal law to telecommuting, credit and incentive considerations, say attorneys at Skadden.

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