Massachusetts

  • October 18, 2017

    Judge Hesitant To Rubber-Stamp Aegerion's $36M Fraud Deal

    A Massachusetts federal judge renewed his criticism Wednesday for plea bargains that deprive courts of sentencing discretion, but stopped short of tossing out a $36 million deal that would preclude him from weighing in on the ramifications of Aegerion Pharmaceuticals Inc. admitting to fraud in connection with its expensive cholesterol drug.

  • October 18, 2017

    Generic-Drug Maker Faces Sanctions As Adderall Trial Closes

    A Boston federal judge indicated Wednesday that he's inclined to impose financial sanctions against a small pharmaceutical company that lost drug-comparison data amid Shire LLC's infringement suit over patents for time-release formulas in its blockbuster hyperactivity treatment Adderall XR.

  • October 18, 2017

    NPR Station Wants Names, Addresses Of Meningitis Jurors

    NPR member station WBUR sought Wednesday to get the names and addresses of jurors after they reach a verdict in the murder trial of a former pharmacist at New England Compounding Center, the laboratory at the center of a deadly fungal meningitis outbreak.

  • October 18, 2017

    NFL Star's Daughter Refiles CTE Suit, Names Helmet Maker

    Aaron Hernandez’s daughter has filed a new lawsuit seeking to hold the NFL accountable in Massachusetts state court for the late star football player’s development of a severe case of the brain disease called chronic traumatic encephalopathy, this time roping in helmet maker Riddell Inc.

  • October 18, 2017

    Neighbors Sue EPA, Corps To Be Heard In Development Row

    A neighborhood group sued the U.S. Army Corps of Engineers, the U.S Environmental Protection Agency and the Massachusetts Department of Environmental Protection in federal court Tuesday over the proposed development of property in the town of Lynnfield, claiming they haven’t given the group a fair chance to voice environmental concerns.

  • October 18, 2017

    Urban Outfitters Hit With Wave Of OT Claims After Decert.

    A Massachusetts Urban Outfitters Inc. department manager is the latest of at least eight individuals to bring separate suits against the company over claims that it shorts workers on overtime pay, after a New York federal judge decertified a collective action last month.

  • October 18, 2017

    AIG Seeks To Ax Cosby Defamation Suit Coverage At 1st Circ.

    An AIG insurer on Wednesday urged the First Circuit to upend a federal court's decision that it must defend Bill Cosby in underlying suits brought by women who claim Cosby defamed them after they came forward with rape allegations, arguing that the lower court applied an improperly narrow interpretation of sexual misconduct exclusions in the comedian's policies.

  • October 18, 2017

    Sen. Asks FERC To Probe $3.6B Market Manipulation Claims

    Connecticut Democratic Sen. Richard Blumenthal sent a letter to the head of the Federal Energy Regulatory Commission on Tuesday asking it to investigate allegations that utilities Eversource Energy and Avangrid manipulated electricity prices in the region, costing New England consumers $3.6 billion in higher energy bills.

  • October 18, 2017

    Gas Co. Says Pols, Enviros Have No Right To Fight Pipeline

    Algonquin Gas Transmission LLC told the D.C. Circuit on Tuesday that a group of Massachusetts politicians, environmental groups and individuals didn’t have standing to bring a legal challenge against the Federal Energy Regulatory Commission’s approval of a $971 million pipeline that runs through New York and New England.

  • October 18, 2017

    Tech-Focused Growth Equity Shop Clinches $1.25B Fund

    Spectrum Equity, a tech-focused growth equity shop with offices in Boston and San Francisco, has closed its latest fund after raising $1.25 billion from investors, with plans to invest in information services, software and internet companies, the firm said Wednesday.

  • October 17, 2017

    States Sue Trump Admin. Over Immigration Records Request

    Nine states and the District of Columbia sued the U.S. Department of Homeland Security in Massachusetts federal court on Tuesday, claiming it had failed to respond to a records request regarding detentions and the Deferred Action for Childhood Arrivals program within the proper time frame.

  • October 17, 2017

    Patent Suit Against ASUS Moved To Calif. By TC Heartland

    A Massachusetts federal judge Monday transferred a suit accusing ASUS of infringing a patent involving signal processing in MP3 technology to California, granting Hybrid Audio’s motion, which cited the U.S. Supreme Court’s recent TC Heartland ruling.

  • October 17, 2017

    Insurer Beats Bakery's Suit Over Burst Pipe Coverage Amount

    A Massachusetts magistrate judge granted summary judgment on Tuesday to an insurance company in a dispute with a commercial bakery ravaged by the bursting of a frozen pipe, saying that after a panel of disinterested parties made a call as to the proper reimbursement amount, that decision couldn't be questioned.

  • October 17, 2017

    Boss Pushed Pharmacist To Step Up Testing Before Outbreak

    A Boston jury on Tuesday heard several emails from the boss of a former pharmacist on trial for murder that urged him not "cut corners" on sterility and potency testing for the prescription drugs he manufactured shortly before his laboratory landed at the center of a deadly fungal meningitis outbreak.

  • October 17, 2017

    BNY Fights Trust Class’s Bid For Quick Win In Tax Fee Dispute

    The Bank of New York Mellon Corp. asked a Massachusetts federal judge on Monday to snub a proposed class of trust beneficiaries who accuse it of charging excessive tax-preparation fees, saying the facts don’t support the beneficiaries’ allegations that it illegally marked up charges from accountant PricewaterhouseCoopers.

  • October 17, 2017

    Zoo Elephants' 'Friends' Don't Have Proper Counsel, City Says

    The Massachusetts city of New Bedford told a federal court Monday that a nonprofit group lacks proper legal representation to bring a lawsuit claiming that the city’s poor treatment of two Asian elephants at a zoo it owns flouts the Endangered Species Act.

  • October 17, 2017

    Boston Airport Hotel Files $1M Suit Over Shoddy Furniture

    The operator of a Hilton hotel at Boston’s Logan Airport claims that a furniture provider cost it more than $1 million in damages by supplying it with shoddy products, according to a suit filed Tuesday in Massachusetts federal court.

  • October 17, 2017

    Allstate Says Ex-Agent Is Using Its Data To Steal Business

    Allstate sued a former agent in Massachusetts federal court Monday, saying that he has breached a one-year noncompete clause and is using Allstate trade secrets and phone numbers to compete against the insurer.

  • October 17, 2017

    DOL Sues Mass. Restaurant Over Workers’ Pay

    A Massachusetts restaurant knowingly failed to pay three workers minimum wage and neglected to pay 14 workers proper overtime compensation, U.S. Department of Labor Secretary R. Alexander Acosta claimed in a suit filed Monday in Massachusetts federal court.

  • October 16, 2017

    End-Payors, Direct Purchasers Get Cert. In Solodyn MDL

    End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.

Expert Analysis

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • 3 Strategies I Learned From LegalZoom

    Jeff Unger

    Critics of legal tech companies will often say, “Trust a reputable attorney that understands you, your situation and the law.” As an attorney, I wholeheartedly agree. But from the consumer’s perspective, the message seems out of touch with the digital age, says Jeff Unger, founder of the law firm eMinutes.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Good And Bad News For Massachusetts Life Sci, Health Cos.

    Caroline Bullerjahn

    Life sciences and health care companies nationwide are being sued by shareholders far more frequently this year, but the good news for such companies in Massachusetts is that after several years of issuing no significant decisions in securities class actions, the First Circuit has now issued several favorable dismissals, say Caroline Bullerjahn and Deborah Birnbach of Goodwin Procter LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Financial Crisis Anniversary

    Post-Crisis AG Enforcement Is Just The Beginning

    Douglas Gansler

    State attorneys general have worked with the Consumer Financial Protection Bureau, other federal agencies and each other to take on issues deemed to be the fallout of the financial crisis that started 10 years ago. But unlike the CFPB, the jurisdiction of which is limited, the AGs have assumed a wider reach, say former Maryland Attorney General Douglas Gansler and Michelle Rogers of Buckley Sandler LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.