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Massachusetts
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February 08, 2024
These Firms Are Leading In PTAB Work
An intellectual property heavyweight landed more work at the Patent Trial and Appeal Board than any other firm in the U.S. between 2021 and 2023, according to a new report.
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February 07, 2024
Hose Co. Says Patent Battle Raises Ethical Questions
A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system."
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February 07, 2024
DraftKings Fight With Ex-Exec Intensifies Amid Dueling Filings
DraftKings is arguing that one of its former executives who left to join rival Fanatics must have his lawsuit over noncompete agreements heard in California federal court, not state court, saying he went to great lengths to defraud the court into thinking diversity jurisdiction doesn't apply.
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February 07, 2024
Pfizer, Moderna Spar Over Trial Date In COVID Vaccine IP Case
Moderna and Pfizer are battling over setting a trial date in a dispute in Massachusetts federal court over COVID-19 vaccine patent infringement claims, with Pfizer looking to schedule a trial after summary judgment motions are decided, while Moderna is arguing a firm trial date is needed now and should be set for this fall.
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February 07, 2024
Mass. Atty Gets 2 Years For 'Corruptly' Pushing Pot Bribe Plot
A former Massachusetts attorney "violated his oath corruptly" by bribing a police chief with payments to his brother to win a local marijuana license for a client, a federal judge said Wednesday as he handed down a two-year prison term.
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February 07, 2024
Mass. Residents Want High Court To Undo Tribe's Land Grant
A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.
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February 07, 2024
Man Pleads Guilty In Journalist Harassment Case
A man who was accused of participating in a vandalism scheme targeting two New Hampshire Public Radio journalists has reached a plea agreement, according to a filing Tuesday in Boston federal court.
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February 07, 2024
Mass. Attys Shrug Off 'Brilliant' Top Court Pick's Ties To Gov.
Massachusetts Gov. Maura Healey's selection Wednesday of a former romantic partner to fill a vacancy on the state's highest court didn't raise eyebrows among prominent Bay State attorneys, who touted Appeals Court Justice Gabrielle R. Wolohojian's "impeccable" resume on the bench and in BigLaw.
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February 06, 2024
1st Circ. Appears Unlikely To Deflate Balloon Fraud Verdict
A defunct Massachusetts air balloon company on Tuesday struggled to persuade the First Circuit to throw out a fraud verdict by arguing that the jury had "rubber-stamped" a judge's damages estimate.
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February 06, 2024
DC Circ. Unsure FERC Can't Order NextEra To Cover Plant Costs
NextEra Energy's request to be made whole for upgrades to its New Hampshire nuclear power plant's circuit breaker seemed to get a frosty reception from the D.C. Circuit during oral arguments Tuesday.
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February 06, 2024
Concert Organizer Sues HK Pop Star Over Nixed US Tour
A popular entertainer from Hong Kong whose first North American tour was abruptly canceled last month is now facing a defamation and breach of contract lawsuit brought by a Boston-based events management company seeking more than $11 million in damages.
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February 06, 2024
DraftKings Exec's Defection Timed With Super Bowl, Suit Says
DraftKings has countersued one of its former executives who is trying to escape noncompete agreements, saying he hatched a deceitful plot to leave the company so he could help its rival Fanatics cash in on the Super Bowl.
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February 06, 2024
Harvard Entitled To Withhold Diploma Amid Probe, Judge Says
A Boston federal judge ruled Tuesday that Harvard University didn't violate its agreement with a former student when it withheld his degree as classmates leveled sexual misconduct accusations against him.
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February 06, 2024
Davis Malm Guides Clean Harbors On $400M Hepaco Buy
Davis Malm & D'Agostine PC-advised Clean Harbors Inc. said Tuesday it has struck an agreement with private equity firm Gryphon Investors to acquire its majority-owned portfolio company Hepaco, a provider of environmental and emergency response services, for $400 million in cash.
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February 06, 2024
Former TV Exec Wants 'Varsity Blues' Plea Canceled
A former television executive who pled guilty to a conspiracy charge in the "Varsity Blues" college admissions case asked a federal judge Monday to vacate her guilty plea, arguing that a recent U.S. Supreme Court ruling "knocks the legs out from under" her conviction.
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February 06, 2024
1st Circ. Not Eager To Unwind Colleges' COVID-19 Immunity
The First Circuit appeared skeptical Tuesday of an effort to invalidate a new Massachusetts law that blocks suits by college students seeking refunds for tuition paid when schools transitioned to online learning during the beginning months of the pandemic.
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February 05, 2024
Psychedelics Bill Roundup: Mass. Proposal Enters Legislature
A citizen-led effort to legalize personal use and possession of natural psychedelics in Massachusetts entered the state Legislature this week, a Hawaii bill to regulate therapeutic use of psilocybin is scheduled for its first hearing, and Indiana lawmakers advanced a bill to fund research into psilocybin treatment. Here are the major developments in psychedelic legislation from the past week.
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February 05, 2024
Ex-DraftKings VP Gets Noncompete Suit Back Into State Court
A former DraftKings executive who is fighting noncompete agreements the company is trying to enforce after he left for its rival Fanatics can take his lawsuit back to state court, a California federal judge ruled Monday.
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February 05, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.
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February 05, 2024
Subscriber Accuses FuboTV Of Illegally Sharing Viewer Data
FuboTV Inc. is facing a new proposed class action in New York federal court, with a subscriber alleging that the company illegally shares viewing records and personally identifiable information with third parties in violation of the Video Privacy Protection Act.
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February 05, 2024
1st. Circ. 'Concerned' With Crypto Founder's Trial Roadblocks
A First Circuit judge suggested on Monday that a trial judge may have "short-circuited" a cryptocurrency founder's defense against fraud charges by blocking testimony from two government case agents and a U.S. Commodity Futures Trading Commission attorney.
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February 05, 2024
Mass. Justices Wary Of Loosening Bail Rules In Rape Cases
Massachusetts' highest court on Monday appeared inclined to rule that a state law allowing judges to detain some defendants without bail should apply in rape cases even when force is not a specific element of the alleged crime.
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February 05, 2024
Teva Asks Fed. Circ. To Examine $177M Verdict Reversal
Teva Pharmaceuticals has urged the Federal Circuit to reverse a Massachusetts federal judge's decision to toss out a $176.5 million migraine drug patent infringement verdict in its favor against Eli Lilly & Co., arguing that the judge's decision was based on "serious legal errors."
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February 05, 2024
Spinal Implant Maker Previews Ch. 11 Sale And Wind Down
Bankrupt biotechnology developer InVivo Therapeutics Corp. will auction its assets and hopefully propose a Chapter 11 wind down plan in April, attorneys told a Delaware bankruptcy court Monday at a first day hearing.
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February 05, 2024
Kirkland Guides Thoma Bravo On $1.5B Everbridge Buy
Kirkland & Ellis LLP-led Thoma Bravo has agreed to purchase Everbridge, represented by Cooley LLP, in a take-private deal that values the critical event management software company at approximately $1.5 billion, the companies said Monday.
Expert Analysis
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Whole Foods Win Shows Workplace Rules Can Shield Cos.
In Kinzer v. Whole Foods Market, a Massachusetts federal judge recently ruled against employees alleging they faced retaliation for wearing Black Lives Matter masks to work, demonstrating that carefully written and universally applied workplace policies can protect employers from Title VII discrimination claims, says Elizabeth Johnston at Verrill Dana.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Ruling Casts Shadow On Cannabis Employees' Ch. 13 Relief
The far-reaching dicta in a Massachusetts bankruptcy court's recent denial of a Chapter 13 petition cast uncertainty on the viability of bankruptcy relief for prospective debtors working in the cannabis industry — despite the ruling's narrow holding, say attorneys at Mintz.
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Probe Shows OSHA Regulating Cannabis Cos. Like All Others
Cannabis companies should consider the Occupational Safety and Health Administration's recent investigation into Trulieve following the death of an employee a harbinger of major compliance issues to come, as well as a call to recognize and respond to the hazards that their employees may be exposed to at work, say Kathryn Brown and Elisabeth Bassani at Duane Morris.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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5 Steps Cos. Can Take Amid Surge In 'Right To Repair' Actions
The recent reemergence of Federal Trade Commission, class action and legislative scrutiny regarding product warranties and product design features that restrict how consumers repair and service products should send a clear warning to companies, say attorneys at White & Case.
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What High Court Case Could Mean For Gene Therapy Patents
The U.S. Supreme Court's upcoming decision in Amgen v. Sanofi, and other recent antibody patent litigation, may provide guidance to gene-therapy patent challengers seeking to narrow genus claims, say Daniel Margolis, Mena Gaballah and Jane Cullis at Allen & Overy.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Employer Tips As EEOC Urges Return To Low Retaliation Bar
In light of recent U.S. Equal Employment Opportunity Commission pressure on courts to return to the low employer retaliation threshold the U.S. Supreme Court set in Burlington Northern v. White in 2006, companies should take precautionary measures before considering disciplinary actions against employees, say Denise Giraudo and Maryam Gueye at Sheppard Mullin.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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How Proposed BOEM Regs Will Boost Offshore Wind Projects
Newly proposed offshore wind project regulations from the Bureau of Ocean Energy Management represent a substantial regulatory shift that will improve transparency around the timing of lease auctions, streamline approval and oversight for projects in development, and provide needed guidance for future projects, say attorneys at K&L Gates.
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Strategies For Cos. Navigating NY Digital Fair Repair Act
New York's recently enacted Digital Fair Repair Act requires original equipment manufacturers for electronic devices to provide diagnostic and repair information to both consumers and independent repair shops, so companies should prepare strategies to overcome compliance challenges regarding copyright and end user license agreements, say attorneys at Carter Ledyard.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.