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Massachusetts
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February 02, 2024
1st Circ. Fast-Tracks JetBlue And Spirit Merger Block Appeal
JetBlue Airways and Spirit Airlines got their wish for a speedy appeal to a federal judge's decision blocking their plans for a $3.8 billion merger on Friday, with the First Circuit saying arguments would be heard in June.
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February 02, 2024
Med Biller Who Posed As NBA Star, NFL Atty Gets 12 Years
A Long Island medical biller was sentenced to 12 years in prison Friday after being convicted of bilking over $600 million from insurance companies through fraudulent billing submissions and impersonating NBA star Marcus Smart and the NFL's general counsel.
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February 02, 2024
Attorneys Want $21.5M In GE Retirement Funds Suit
Attorneys representing current and former workers who reached a $61 million settlement in their lawsuit accusing General Electric of mismanaging their retirement savings asked a Massachusetts federal court to greenlight their request for $21.5 million in fees and expenses, citing their commitment to six years' worth of litigation.
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February 02, 2024
New England Patriots App Harvests Users' Data, Suit Claims
A Massachusetts man has hit the New England Patriots with a proposed class action alleging the team's app surreptitiously tracks and shares users' personal information, including location data accurate to within 40 feet, in violation of federal video privacy laws.
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February 02, 2024
New Fanatics Exec Sues To Block DraftKings Noncompetes
A DraftKings executive who left to accept a position at rival Fanatics has sued his former employer, claiming his noncompete agreements contain provisions that are illegal and unenforceable.
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February 02, 2024
UK Regulator Examining Thermo Fisher's $3.1B Olink Buy
The U.K.'s Competition and Markets Authority said Friday that it is looking into American biotechnology company Thermo Fisher Scientific's planned $3.1 billion purchase of Swedish biotech business Olink to determine whether it will result in reduced competition.
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February 02, 2024
Mass. Justices Affirm Time Limits In Trials, For Some Cases
Massachusetts' highest court ruled Friday that trial judges may consider flexible time limits for the presentation of evidence and arguments, but only after what it characterized as an "informed analysis" of the specifics of the case, with input from the parties.
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February 02, 2024
2 Biotech Firms Tap Thawing IPO Market To Raise $239M Total
Shares of drug developers Fractyl Health Inc. and Alto Neuroscience Inc. began trading with mixed results on Friday after the life sciences startups raised nearly $239 million combined in initial public offerings, guided by three law firms.
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February 01, 2024
DOJ Tells 1st Circ. Not To 'Rush' JetBlue, Spirit's Appeal
The U.S. Department of Justice pushed back Wednesday on JetBlue and Spirit Airlines' bid for the expedited treatment of an appeal that seeks to preserve their $3.8 billion merger after it was blocked by a Massachusetts federal court, telling the First Circuit it has no obligation to meet the airlines' "self-imposed deadline."
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February 01, 2024
Warren Slams Prison Health Co.'s Revised Ch. 11 Plan
Sen. Elizabeth Warren is urging the U.S. Trustee's Office to oppose a revised bankruptcy plan filed by a prison healthcare provider, saying it includes nonconsensual nondebtor releases and offers insufficient recovery for prisoners who sued the contractor alleging it harmed them.
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February 01, 2024
Keller Williams OKs $70M Deal To Exit Broker Commission Suit
The home-sellers who alleged the National Association of Realtors and several brokerages artificially increased costs by requiring them to pay buyer-brokers' commissions said Thursday that Keller Williams Realty has agreed to a $70 million settlement.
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February 01, 2024
5 Mass. Rulings You Might Have Missed In January
Massachusetts justices in Suffolk County's Business Litigation Session weighed in on the impact of a major ruling involving Robinhood Financial, a proposed class action on overdraft fees charged by a credit union, and two pandemic-related cases. Here are five January decisions that might have flown under the radar.
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February 01, 2024
IRS Violated Rights In Coinbase Doc Seizure, 1st Circ. Told
The IRS violated an investor's property rights when it seized his financial records from the cryptocurrency exchange Coinbase, he told the First Circuit on Thursday, saying the government defended the violation by wrongly focusing on what it claims are the investor's lack of privacy protections.
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February 01, 2024
UFCW Backs Injunction Bid In Pot Co. Union Fight
A United Food and Commercial Workers local has urged a federal judge to order a Salem, Massachusetts, cannabis shop to recognize and bargain with it, saying a court order is needed while the shop appeals a bargaining order issued by a National Labor Relations Board judge.
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February 01, 2024
Spinal Implant Maker Eyes Ch. 11 Wind-Down In Del.
Biotechnology firm InVivo Therapeutics Corp. petitioned for Chapter 11 protection in Delaware's bankruptcy court Thursday, saying it intends to wind down after abandoning the development of its primary product, an implant to treat spinal cord injuries.
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February 01, 2024
Publicis Reaches $350M Opioid Settlement With All 50 States
Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.
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February 01, 2024
Atty Reprises Entrapment Claim As Pot Bribe Sentence Looms
A lawyer convicted of bribing a Massachusetts police chief working on local marijuana licensing approvals asked a Boston federal judge Thursday for a sentence of no more than a year and a day in prison, citing his "imperfect entrapment" defense and insisting that the conduct was permissible lobbying.
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February 01, 2024
Ex-Boston Globe Exec Loses Wage Claim In Suit Over Ouster
A Massachusetts judge has trimmed a former Boston Globe executive's suit over his ouster, tossing a claim under the state's Wage Act after finding that an annual incentive payment based on a percentage of the newspaper's profits is not a commission subject to the law.
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January 31, 2024
DraftKings Hacker Sentenced To 1½ Years In Prison
A Manhattan federal judge hit a 19-year-old man with a year-and-a-half-long prison sentence Wednesday for hacking DraftKings user accounts in a cyberattack that ultimately cost the sports-betting site more than $1 million, calling the case a "tragedy."
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January 31, 2024
Carbonite Inks $27.5M Deal To End Stock-Drop Investor Suit
Data backup provider Carbonite Inc. has agreed to pay $27.5 million to a certified class of investors alleging the company overhyped a product that was later pulled from the market, according to a motion to approve the deal filed in Massachusetts federal court on Wednesday.
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January 31, 2024
Solar CEO Says Feds Skimped On Offshore Wind Farm Review
A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.
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January 31, 2024
Boston Seeks Pretrial Win In Fired Top Cop's Defamation Suit
The city of Boston sought a pretrial win Wednesday in a suit brought by its fired former police commissioner, arguing that he was afforded every chance to clear his name publicly in the face of domestic violence allegations that preceded his dismissal.
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January 31, 2024
Architect Says Steward Owes $2M For Work On Mass. Hospital
Financially troubled Steward Health Care and its landlord owe nearly $2 million for architectural and other professional services on a project to replace one of its Massachusetts hospitals after a 2020 flood, according to a lawsuit filed in state court.
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January 31, 2024
Hub Hires: Quinn Emanuel, ArentFox, Verrill, The SJC
Boston firms hit the ground running in 2024 with numerous additions in a wide array of practice areas. Quinn Emanuel added a lawyer with decades of experience in the technology industry, ArentFox snagged a former Troutman managing partner, and the state's newest top court justice officially started her new gig.
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January 31, 2024
Widow Of Nelson Mullins Partner Says Firm Owes $2M
The widow of a Nelson Mullins Riley & Scarborough LLP partner who died last year of brain cancer says the firm has refused to pay an estimated $2 million in compensation and a bonus for his final year of work there, according to a complaint filed Wednesday in Massachusetts state court.
Expert Analysis
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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.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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And Now A Word From The Panel: 2022 MDLs By The Numbers
A highlight of the Judicial Panel on Multidistrict Litigation's practice during 2022 was the significant percentage increase of new MDL petitions granted — and given how many actions and plaintiffs may be involved in a single MDL, the true impact of this increase may be even greater than it appears, says Alan Rothman at Sidley.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.