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Massachusetts
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February 12, 2024
Ex-Melick & Porter Partner Says Colleague Forced Him Out
A former Melick & Porter LLP partner claimed in a Massachusetts state court lawsuit that he was pushed out of the firm by another partner who undermined him and stole clients.
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February 12, 2024
Hogan Lovells Builds Out Corp. Group With 2 Partners
Hogan Lovells announced Monday it has bolstered its corporate and finance group with the hiring of new partners in New York and Boston.
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February 09, 2024
Mass. Lobstermen Say Feds Used Bad Data To Close Waters
Lobster fishermen in Massachusetts filed suit Friday challenging the latest move by the federal government to close a swath of ocean to protect endangered North Atlantic right whales, saying officials relied on faulty doomsday assumptions about the risk to the species.
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February 09, 2024
Amazon Cut Delivery Co. To Punish Complaints, Suit Says
Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.
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February 09, 2024
1st Circ. Wipes Out German's $3M Penalty In SEC Fraud Case
The First Circuit on Friday ruled that a German citizen does not have to pay back $3.3 million in allegedly laundered funds sought by the U.S. Securities and Exchange Commission, reversing a lower court's order and finding that American courts have no basis for sanctioning the foreign national.
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February 09, 2024
Former Pharma Exec Faces Criminal Contempt For Fake Name
A former leader of now-defunct BioChemics Inc. who admitted to using a false name for six years while allegedly flouting an order not to work in any aspect of the securities field is facing a criminal contempt charge and possible jail time, a Massachusetts federal judge said Friday.
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February 09, 2024
Healthcare-Focused SPAC Hits The Market After $160M IPO
Blank-check company Helix Acquisition Corp. II hit the public markets on Friday following its upsized initial public offering, which raised $160 million by offering 16 million shares at a price of $10 apiece.
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February 09, 2024
Audacy Floats Two Ch. 11 Sales That Could Net Debtor $21.6M
Bankrupt radio station operator Audacy Inc. wants to sell two pieces of real estate near Boston for as much as $21.6 million to raise funds for its estate in Chapter 11, asking a Texas judge to approve the deals so that it can close on them by early March.
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February 09, 2024
23andMe Led To Late Father And $28M Verdict, Woman Says
A Massachusetts woman's successful quest to learn her father's identity through the ancestry-tracking company 23andMe took a surprising turn when she later learned her new flesh-and-blood relatives left her out of her father's wrongful death suit that resulted in a $28 million jury verdict, according to a state court lawsuit.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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February 09, 2024
US Gun Cos. Will Ask Justices To Toss Mexico Trafficking Suit
Smith & Wesson, Glock, Baretta and other gun companies said during a hearing Friday that they will turn to the U.S. Supreme Court after the First Circuit revived a suit by the Mexican government that seeks to hold the firearms industry responsible for thousands of trafficked weapons.
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February 08, 2024
SEC Fights Hedge Fund Priest's Fee Bid After Mixed Verdict
The U.S. Securities and Exchange Commission has urged a Massachusetts federal judge not to grant more than $1.7 million in attorney fees to a Greek Orthodox priest and hedge fund manager who fended off some of the agency's claims at trial, saying there is no justification for giving "adjudicated fraudsters money for their legal fees."
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February 08, 2024
Fed. Circ. Grapples Over Implying IP Success To Jury
The Federal Circuit on Thursday tried to drill down on the impact of overlap between commercial success and industry praise when asking a jury to review factors that can overcome invalidating a patent as obvious.
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February 08, 2024
Mass. Appeals Court Won't Revive State Worker's Wage Suit
A Massachusetts appeals court affirmed Thursday the dismissal of a complaint by a retired state employee seeking to recoup accrued vacation pay against the Commonwealth, finding her claim is precluded under sovereign immunity and she didn't exhaust the grievance procedures in her bargaining agreement.
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February 08, 2024
Rockport Asks Judge To Dismiss Ch. 11 After $52M Asset Sale
Defunct-shoemaker The Rockport Co. asked a Delaware bankruptcy judge to dismiss its Chapter 11 case, saying that it has no remaining assets of value after using more than $52 million in sale proceeds to pay down senior secured obligations.
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February 08, 2024
Exec Barred From Using DraftKings Info At New Fanatics Job
A former DraftKings Inc. executive who recently jumped to competitor Fanatics won't be allowed to use any of the information he allegedly accessed in his final days with the Massachusetts-based gaming platform to draw potential high-value Super Bowl bettors over to his new employer, a Massachusetts federal judge ruled Thursday.
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February 08, 2024
Uber, Lyft Get May Trial Date In Mass. Worker Status Suit
A lawsuit claiming Uber Technologies and Lyft Inc. break Massachusetts employment law by treating drivers as independent contractors rather than full-fledged employees will go to trial before a state judge in May.
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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.
Expert Analysis
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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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.