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Massachusetts

  • May 18, 2018

    US Sen. Candidate Ends Free Speech Suit Against Mass. City

    A Massachusetts man challenging Sen. Elizabeth Warren for her U.S. Senate seat has agreed to drop a lawsuit that alleged the city of Cambridge violated his right to free speech when he was told to remove a campaign sign on a bus that read “Only A Real Indian Can Defeat The Fake Indian.”

  • May 18, 2018

    Mass. Pension Plans Part Of $2.1B Tax Fraud, Denmark Says

    The agency tasked with collecting taxes in Denmark filed three suits in Massachusetts federal court on Friday claiming Bay State-based pension plans were part of a massive multinational fraud scheme to dupe the Danish government out of $2.1 billion in reimbursed taxes.

  • May 18, 2018

    Mass. City Says 3M Foam Contamination Suit Should Proceed

    A western Massachusetts city told a federal judge on Friday its lawsuit claiming that a fire suppression foam manufactured by chemical companies including 3M Co., Chemguard Inc. and Tyco Fire Products LP contaminated its water supply should go forward, saying the companies' claims that the suit is improper don't hold up.

  • May 18, 2018

    7 Firms To Guide IPO Lineup Projected To Surpass $1.2B

    Seven firms will guide initial public offerings set to raise more than $1.2 billion during the week of May 21, led by a fintech company that aims to disrupt the consumer loan business, plus three biotechnology firms, a private equity-backed payment processor and two small Chinese deals.

  • May 18, 2018

    Mass. Court Backs School's Sovereign Immunity In Injury Suit

    A Massachusetts appeals court on Friday ruled the state’s long-standing sovereign immunity doctrine protects a public school district from a negligence suit after a varsity field hockey player was seriously injured during a team practice.

  • May 17, 2018

    Harvard Workshop Provides Glimpse Into Int'l Arbitration

    A first-of-its-kind international arbitration workshop at Harvard Law School provided students with an opportunity to not only learn from a diverse group of the leading minds in arbitration but also, in at least one instance, to discuss the topics of the day with them over a beer.

  • May 17, 2018

    Latham, White & Case Rep Retailer BJ’s In IPO Push

    Massachusetts-based BJ's Wholesale Club on Thursday unveiled plans for an initial public offering guided by Latham & Watkins LLP and White & Case LLP in a registration statement the private equity-backed retailer filed with the U.S. Securities and Exchange Commission.

  • May 17, 2018

    1st Circ. Won't Revive Nurse's Retaliation Lawsuit

    The First Circuit affirmed Wednesday that a nurse who was fired shortly after voicing concerns about a negligent colleague failed to make a cognizable claim of retaliation against the nursing home in Maine where she helped people recover from brain injuries for 17 years.

  • May 17, 2018

    Mass. Doctor's Kickback Convictions Are Fair, Judge Says

    A federal judge in Massachusetts published an order Thursday declining to overrule a jury's verdict that a gynecologist disclosed her patients’ medical information to a Warner Chilcott representative who used the data to target customers for expensive osteoporosis drugs.

  • May 17, 2018

    Kirkland Picks Up Ex-Bain Capital Deputy GC In Boston

    Kirkland & Ellis LLP has boosted its private equity team with the hiring of a former Bain Capital deputy general counsel, who joined the firm’s Boston office after a decade working in-house for the investment firm.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Lewis Brisbois Lands Appellate Pro In Atlanta Office

    Lewis Brisbois Bisgaard & Smith LLP has nabbed an appellate litigator with two decades of experience who says he was lured by the firm's active Atlanta office and the opportunity to take on work in his native Boston.

  • May 17, 2018

    GSK, Zofran Users To Pick 16 Potential MDL Bellwether Cases

    GlaxoSmithKline and the families who claim its anti-nausea medication Zofran caused various birth defects will each select eight cases to probe and possibly bring to trial in the multidistrict litigation’s final discovery phase, a Massachusetts federal judge ruled Thursday.

  • May 17, 2018

    China Approves $18B Sale Of Toshiba's Memory Unit

    Chinese antitrust regulators have cleared the way for Toshiba Corp. to sell off its memory business to an investment group led by Bain Capital Private Equity LLP for 2 trillion yen ($18.06 billion), the parties said Thursday.

  • May 16, 2018

    Biolitec Counsel Can't Dodge Sanction For Stonewalling

    A federal judge in Massachusetts on Wednesday refused to reconsider a sanction he imposed against specialty laser firm Biolitec AG for what the judge has called the company’s “ethically dubious” tactics and “shameless stonewalling” in its decadelong fight against liability for a subsidiary’s multimillion-dollar patent infringement settlement.

  • May 16, 2018

    Ex-State Street VP Loses Bid To Invoke Evidence Treaties

    A federal judge in Massachusetts on Tuesday declined to trigger a foreign treaty to help a former State Street executive access documents and depositions from co-workers and clients he allegedly swindled that could aid his defense against securities fraud charges, but expressed concern that the government can access evidence abroad.

  • May 16, 2018

    Boston Cabbie Fights Uber’s Bid To Escape Antitrust Claims

    A Boston cab driver alleging Uber monopolized the market by helping its drivers circumvent local taxi rules asked a Massachusetts federal court Wednesday to preserve his antitrust claims, saying the ride-hailing giant is trying to hold his proposed class action to an “unrealistic and legally unsupportable higher pleading standard.”

  • May 16, 2018

    3M, Tyco Say Mass. County's Fire Foam Suit Is Still Too Vague

    A group of chemical companies, including 3M Co., Chemguard Inc. and Tyco Fire Products LP, asked a Massachusetts federal judge late Tuesday to toss a $10 million suit filed by a Cape Cod county over their firefighting foam products, saying the county’s second stab at its contamination allegations are still not specific enough.

  • May 16, 2018

    Senate Passes Measure To Keep Net Neutrality

    Senate Democrats narrowly succeeded Wednesday in passing a resolution to nullify the Federal Communications Commission’s net neutrality deregulation rule, setting the stage for a tougher showdown in the House.

  • May 16, 2018

    Steward Must Convince Jury Doc Fired For HIPAA Violation

    Steward Healthcare System LLC will need to convince a jury it fired a psychiatrist for violating the Health Insurance Portability and Accountability Act and not because, as the doctor claims, he took disability leave after getting pneumonia, a Massachusetts federal judge ruled Wednesday in denying part of a summary judgment bid.

Expert Analysis

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • Interpreting The Stop-Time Rule In Pereira V. Sessions

    Denyse Sabagh

    The U.S. Supreme Court recently heard oral arguments in Pereira v. Sessions, an immigration case that questions the clarity (or lack thereof) of the Immigration and Nationality Act's "stop-time" rule. A key practical issue seemed to be on the mind of many of the justices ― immigration courts are notoriously backlogged, say attorneys with Duane Morris LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Momentum Builds For US Offshore Wind Energy

    Raya Treiser

    The first quarter of 2018 has left little doubt that the momentum for U.S. offshore wind projects is increasing. The combination of federal and state policy support, and the Trump administration's commitment to streamlined federal permitting, presents an important opportunity for offshore wind developers, say members of WilmerHale.