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Massachusetts
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March 14, 2024
Chancery Sends Drone-Maker's Claim To Sister Court
A Delaware vice chancellor handed off to a regular civil court Thursday remaining claims in drone-maker Teal Drones Inc.'s suit accusing a software supplier and its owner of wrongly pulling the plug on Teal's license for autonomous-flight programming, after tossing claims against the supplier itself.
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March 14, 2024
Mass. Lobstermen Win Case Fighting Feds' Fishing Closure
A Massachusetts federal judge ruled Thursday that the National Marine Fisheries Service illegally closed a 200-square-mile swath of ocean to protect the endangered North Atlantic Right Whales, backing a legal challenge by a lobster fishing industry group.
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
Mass. High Court Says Tufts Win In Tenure Case 'Premature'
Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.
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March 14, 2024
NLRB Certifies Dartmouth Men's Basketball Player Union
Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Ex-Mass. Pol Says Federalism Bars COVID Fraud Cases
A former Massachusetts state senator charged with collecting CARES Act-funded unemployment benefits while being paid for consulting work said in a motion filed Thursday that the 10th Amendment prohibits the federal government from prosecuting him for actions that occurred at the state level.
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March 14, 2024
Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'
A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.
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March 13, 2024
Mass. Gov. Announces Pardon Plan For Marijuana Possession
Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.
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March 13, 2024
Ex-NFLer Faced Racism As School Superintendent, Suit Says
A former NFL player was subjected to racism as the first Black superintendent of schools in Wayland, Massachusetts, and was forced out of his job when he took steps to address it, according to a suit filed Wednesday in state court.
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March 13, 2024
IRobot, SharkNinja Settle Last Of Roomba Patent Fight
IRobot and SharkNinja have reached a settlement in principle to resolve what remains of a long-standing patent dispute related to the Roomba robotic vacuum cleaner.
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March 13, 2024
Mass. Justice Presses AG On Fast-Track Bid For Zoning Case
A Massachusetts high court justice on Wednesday expressed concerns about the state attorney general's aggressive bid to fast-track the enforcement of a divisive housing law to the full court as soon as May.
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March 13, 2024
Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility
The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Roberto Clemente's Family Appeals Puerto Rico TM Loss
The family of the late MLB Hall of Famer Roberto Clemente is asking the First Circuit to revive trademark claims against Puerto Rico for the unauthorized use of the former Pittsburgh Pirates outfielder's image on license plates and vehicle registrations.
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March 12, 2024
Harvard Data Fraud Report To Be Released In Libel Case
A Harvard Business School's internal investigative report concerning data fraud allegations against a suspended professor will be made public in a defamation lawsuit against the school, a federal district judge ordered Tuesday.
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March 12, 2024
GE Aerospace Plans $650M Manufacturing Investment
GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.
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March 12, 2024
AT&T Offloaded Pensions In Risky Annuity Deal, Suit Says
AT&T shirked its fiduciary duty and put 96,000 workers' retirement savings in jeopardy by transferring pension obligations to a "risky" annuity provider, according to a proposed class action filed in Massachusetts federal court.
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March 11, 2024
Fed. Circ. OKs Boston Drug Developer's Patent Win
A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.
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March 11, 2024
Mexico Says High Court Long Shot Not Worth Halting Gun Suit
The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.
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March 11, 2024
Entire Deadspin Staff Cut After Site's Sale To European Firm
All existing employees of sports blogging site Deadspin have been laid off after finding out Monday that the blog's owner, private equity-backed G/O Media Inc., has agreed to sell the site to European firm Lineup Publishing for an undisclosed price.
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March 11, 2024
FTC, 10 States Sue 'Sham' Women's Cancer Fund
The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.
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March 11, 2024
Most Claims Trimmed In Ford Faulty Transmission Suit
A Massachusetts federal judge has thrown out the bulk of a suit alleging Ford Motor Co. knowingly sold vehicles with a faulty transmission system, while allowing breach of implied warranty, fraudulent concealment and state law claims to proceed.
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March 11, 2024
SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says
A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.
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March 08, 2024
Dartmouth Hoops Union Could Touch Off Legal Madness
A recent vote by the Dartmouth College men's basketball team to form a union could set the stage for the next round of litigation in shaping the rights of collegiate athletes, but experts told Law360 some steep obstacles could stand in the way of a breakthrough ruling that turns student athletes into full-fledged employees.
Expert Analysis
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Distressed Cannabis Cos. Have A Few Options, With Caveats
As the cannabis industry falls on tough times and a potential recession looms, attorneys should understand the limited restructuring options available to distressed cannabis businesses, absent key bankruptcy protections — and the pitfalls these options may present, say Griffen Thorne and Ethan Minkin at Harris Bricken.