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Massachusetts

  • June 21, 2018

    Labaton Sucharow Can’t Get Judge To Recuse In $75M Fee Fight

    A Massachusetts federal judge on Thursday said he would not recuse himself after three firms, including Labaton Sucharow LLP, accused of misconduct in an ongoing $75 million attorneys’ fee fight asked him to step aside, pointing to potential conflicts and “inflammatory” statements made by the judge.

  • June 21, 2018

    Justices Say Time, Place Needed For Removal Rule

    The U.S. Supreme Court determined Thursday that the government's notices of appearance served to immigrants must include time and place information to be valid under the so-called stop-time rule, ruling in favor of a Brazilian man facing possible deportation.

  • June 20, 2018

    Sanofi Judge Skeptical She Was Wrong To Toss Antitrust Suit

    A Massachusetts federal judge appeared skeptical Wednesday about arguments from insulin injector buyers that she was wrong to dismiss claims that Sanofi-Aventis filed faulty patents and sham litigation to protect its exclusivity as the drugmaker looks to escape the suit again.

  • June 20, 2018

    Apology For 'Overheated Rhetoric' Can't Revive Patent Suit

    A California attorney who recently apologized for inserting “overheated rhetoric” against his opposing counsel in a motion to revive a patent infringement lawsuit could not make up for a lack of evidence in the case centered on an expired license for MRI imaging, a Massachusetts federal judge ruled Wednesday.

  • June 20, 2018

    The Biggest Energy Rulings Of 2018: Midyear Report

    The first half of 2018 saw courts take a broad view of energy companies' potential liability, whether the matter hinged on climate change, groundwater pollution or even a business partner's bankruptcy. Here are five court decisions that raised energy attorneys' eyebrows.

  • June 20, 2018

    Ex-Biopharma Exec Gets 2 Years For Admitting Insider Trades

    A Massachusetts federal judge on Wednesday sentenced a former executive at a California biopharmaceutical company to a below-guideline term of two years and three months in prison for admitting he traded in 2013 and 2014 on nonpublic information that trials of the company’s prospective breast cancer treatment were showing positive results.

  • June 20, 2018

    KKR Real Estate Unit Lends $379M For Pa., Mass. Properties

    KKR Real Estate Finance Trust Inc. has closed a pair of loans, one each for properties in Pennsylvania and Massachusetts, that are worth a combined $378.7 million, according to an announcement from the company on Wednesday.

  • June 20, 2018

    Failed Mass. Ballot Shows Fading Support For Millionaires' Tax

    A business coalition’s successful challenge to a Massachusetts ballot initiative to establish a special tax on income above $1 million highlights waning political support for such measures in the years since the Great Recession, when states attempted to use them to plug large budget holes.

  • June 20, 2018

    NY, Mass. AGs To Sue Over Association Health Plans Rule

    The attorneys general for New York and Massachusetts on Wednesday said they will sue the Trump administration over the U.S. Department of Labor's final rule on association health plans that they say will shrink "critical consumer health protections."

  • June 20, 2018

    Ex-State Street Exec Seeks Fraud Acquittal Midtrial

    A former State Street Corp. executive on trial for allegedly hiding millions of dollars in fees from some of the firm's biggest clients asked a federal judge in Boston on Tuesday for an acquittal before the case goes to the jury, arguing that the government has not been able to prove its case.

  • June 19, 2018

    Former Aegerion Execs Say FDA Approval Negates FCA Case

    Former executives at Aegerion Pharmaceuticals Inc. argued Tuesday that a False Claims Act case against them ignores a federal regulatory program that gave marketers and doctors explicit permission to recommend an expensive cholesterol drug to people who did not have the rare genetic disorder it was created for.

  • June 19, 2018

    Former Akebia, Merrimack Buddies Face Insider Trading Trial

    Two former biostatistician friends at Akebia Therapeutics Inc. and Merrimack Pharmaceuticals Inc. will face securities fraud charges for allegedly cashing in on nonpublic drug trial information, a federal judge in Massachusetts said Tuesday.

  • June 19, 2018

    Ambac Opens 1st Circ. Fight Over Puerto Rico Bond Diversion

    Ambac Assurance Corp. on Monday launched its opening arguments in an appeal over the diversion of highway bond revenues in Puerto Rico stemming from a ruling in the territory's bankruptcy-type cases, saying the underlying acts by the island's government violated the Constitution.

  • June 19, 2018

    AngioDynamics Seeks Biolitec Patents To Satisfy $75M Award

    Medical technology company AngioDynamics Inc. hit Biolitec AG and its fugitive owner with a lawsuit in Massachusetts federal court seeking to gain control of the company’s patents to satisfy a nearly $75 million judgment that Biolitec has dodged for over four years.

  • June 19, 2018

    Mass. Sheriff Illegally Detained Noncitizen For Feds, Suit Says

    A Massachusetts sheriff’s office detained a noncitizen for 18 days last year based solely on a detainer request from federal immigration authorities, an action the state’s top court has prohibited, a complaint filed Tuesday in Massachusetts federal court alleges.

  • June 19, 2018

    Former Top Attys, State AGs Condemn Family Separations

    A flood of condemnation over the Trump administration’s new “zero tolerance” immigration policy that’s left nearly 2,000 children separated from their parents at the border poured in on Monday and Tuesday from former U.S. attorneys and state attorneys general who called for an end to the “cruel and illegal attack” on immigrant families.

  • June 19, 2018

    Dems Ask CFPB Pick To Describe Her Role In Border Policy

    Two top Democrats on the Senate Banking Committee want to know whether a White House budget official who’s been picked to lead the Consumer Financial Protection Bureau had any hand in a Trump administration policy that’s resulted in the separation of more than 2,000 children from their parents at the U.S.-Mexico border since May. 

  • June 19, 2018

    Davis Polk Leads Roche In $2.4B Foundation Medicine Buy

    Roche, advised by Davis Polk & Wardwell LLP, on Tuesday unveiled plans to take over Massachusetts-based molecular information company Foundation Medicine in a $2.4 billion deal, as the Swiss drugmaker looks to deepen its personalized health care strategy.

  • June 19, 2018

    'Van Gogh Of Woodworking' Wants Disclaimer For PBS Show

    The so-called “Van Gogh of Woodworking” asked a Massachusetts federal judge Tuesday to force a Boston PBS affiliate to show a disclaimer stating he is not involved in the current season of the station’s woodworking show as he accuses the affiliate of using his likeness and signature catchphrase.

  • June 19, 2018

    Ice Cream Butterfat Row Headed For Boston Trial In July

    Rival dessert makers 600 lb. Gorillas Inc. and Mister Cookie Face LLC on Tuesday sparred in a Massachusetts federal court over whether customer complaints about the amount of butterfat in its ice cream sandwiches will be revealed to a jury when the breach of contract case goes to trial in Boston in July.

Expert Analysis

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Life Sciences Cos. Should Assess Charitable Donations Programs

    Gary Giampetruzzi

    This year, the U.S. Attorney's Office for the District of Massachusetts has investigated several life sciences companies for their donations to independent copay assistance charities. As the list of investigations grows longer, life sciences companies should reassess their policies, procedures and monitoring regarding donations, say attorneys at Paul Hastings LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Highway Trust Fund Is Out Of Gas — Time For Mileage Fees

    Joshua Andrews

    Revenue from the federal gas tax — last increased in 1993 — continues to decline, leaving infrastructure critically underfunded. But pilot programs in multiple states have now proven that mileage-based road user fees can replenish the Highway Trust Fund and be implemented practically and fairly, say Joshua Andrews, Charles Stitt and Theodore Bristol of Faegre Baker Daniels Consulting.