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Massachusetts

  • November 5, 2018

    Necco Board Wants Trustee's D&O Suit Tossed

    The former directors and officers of candy maker New England Confectionery Co. Inc. Monday asked a federal court to dismiss claims they drove the company into bankruptcy, arguing their choices were reasonable and they are protected by the company charter.

  • November 5, 2018

    Ex-Akebia Statistician Gets 3 Years For Insider Trading

    A former Akebia Therapeutics Inc. statistician convicted of swapping confidential information with a buddy working for Merrimack Pharmaceuticals Inc. was sentenced to three years in federal prison Monday after a contentious process that saw him land behind bars multiple times for defying court orders.

  • November 5, 2018

    Software Startup Leads 3 IPO Launches Totaling $535M

    Three companies set price ranges Monday on initial public offerings projected to raise about $535 million combined, restocking an IPO pipeline that had thinned in recent weeks, led by an estimated $400 million offering by venture-backed software startup Qualtrics International Inc.

  • November 5, 2018

    Jury Picked For Ex-Drug Co. CFO's Securities Fraud Trial

    A jury of seven women and five men was seated Monday in Boston for a two-week civil case to determine whether Aveo Pharmaceuticals' former chief financial officer misled investors about the likelihood of a cancer drug approval by concealing that the U.S. Food and Drug Administration had recommended a second clinical trial.

  • November 5, 2018

    Grid Operator's Power Plant Rescue Plan Criticized At FERC

    State consumer advocates, as well as Federal Energy Regulatory Commission staff attorneys, on Friday panned a regional grid operator's plan to pay in the name of regional fuel security an Exelon Corp. gas-fired plant near Boston that is slated for closure, saying the proposal as written would overcharge consumers.

  • November 5, 2018

    Sheriff's Capt. Avoids Jail For Aiding 'Codfather' Smuggling

    A former captain and driver for the Bristol County sheriff on Monday avoided jail time for his role in helping the notorious fishing magnate known as "the Codfather" smuggle cash to the Azores, as a Massachusetts federal judge sentenced him to probation and home confinement instead.

  • November 5, 2018

    Wachtell, Kirkland Guide PE Firm's $950M Cybersecurity Buy

    Private equity firm Thoma Bravo LLC said Monday that it has agreed to buy application security testing platform Veracode from Broadcom Inc. for $950 million in cash, in a deal guided by Wachtell Lipton Rosen & Katz and Kirkland & Ellis LLP.

  • November 2, 2018

    Hagens Berman Seeks Lead Role In Intuniv Pay-For-Delay Suit

    Hagens Berman Sobol Shapiro LLP pursued lead counsel status and class certification Friday in a proposed antitrust case against two pharmaceutical companies over the marketing of ADHD drug Intuniv, according to a filing in Massachusetts federal court.

  • November 2, 2018

    Both Sides Decry 'Wolf' Of Racial Bias As Harvard Trial Wraps

    The closely watched trial of a lawsuit taking on Harvard University's affirmative action admissions policies, which could land before the U.S. Supreme Court and have a wide-ranging effect on college applications, closed Friday with the challengers saying the “wolf" of racial bias was at the school's front door and the university saying that wolf was targeting black and Latino students.

  • November 2, 2018

    Brand Battles: NE Patriots, 'Game Of Thrones,' Starbucks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owner of the New England Patriots "rises up" over competitive video gaming, HBO defends a famous "Game of Thrones" quote about drinking and knowing things, and Starbucks gets steamed about "Teavana."

  • November 2, 2018

    Settlement Reached In Stryker Hip Replacement Suits

    The makers of Stryker hip replacement components have reached a confidential settlement with patients who had surgery to replace those components, a group of attorneys leading the litigation announced Friday.

  • November 2, 2018

    12 States Will Vote On Health Care Ballot Measures Tuesday

    Voters in a dozen states on Tuesday will decide ballot measures related to health care provider reimbursement and staffing, Medicaid expansions, abortion rights, and the legality of medical and recreational marijuana. Here, Law360 spotlights 17 measures with important implications for the health sector.

  • November 2, 2018

    Investors, Energy Co. Wrangle Over 'Entire Fairness Doctrine'

    The fate of a lawsuit by investors who claim they were shortchanged in the merger of two green energy companies will likely depend on which of two standards for disputed transactions is applied, a Massachusetts federal judge said Friday.

  • November 1, 2018

    Mass. Blue Cross Accused Of Improper Mental Health Denials

    A proposed class action suit filed in Massachusetts federal court late Wednesday accuses insurer Blue Cross and Blue Shield of Massachusetts Inc. of improperly denying claims for inpatient mental health treatment in alleged violation of federal laws.

  • November 1, 2018

    121 Multiemployer Plans Underfunded By $48.9B, Study Says

    A new analysis of the multiemployer pension plan funding crisis released Thursday by the actuarial consulting firm Cheiron Inc. claims that as many as 121 plans are underfunded by $48.9 billion, up from 114 plans that were underfunded by $36.4 billion last year.

  • November 1, 2018

    Harvard Questioned On Admissions Guideline Change At Trial

    A recent change in guidelines Harvard University gives to admissions officers regarding the use of race in assigning an applicant’s “personal rating” was spotlighted in testimony Thursday, as the group suing the school over its affirmative action policies suggested Harvard made the shift in response to the high-profile litigation.

  • November 1, 2018

    Aveo Stock Plunge Fair Game When Ex-CFO Stands Trial

    The government can tell a jury about how the stock price of an Aveo Pharmaceuticals cancer drug plummeted 31 percent after the public learned the U.S. Food and Drug Administration had requested a second round of testing, a Massachusetts federal judge ruled Thursday as former Aveo CFO David Johnston prepares to stand trial next week.

  • November 1, 2018

    NY, Coalition Slam EPA's Effort To Replace Clean Power Plan

    New York led a group of 26 states and local governments that commented on the U.S. Environmental Protection Agency’s proposal to replace the Obama-era Clean Power Plan regulating power plants' carbon emissions with a new rule, arguing the move was wrongheaded and harmful.

  • November 1, 2018

    NECC Quality Control Manager Gives Combative Testimony

    The former head of quality control at the New England Compounding Center alternately fought back tears and sparred with a defense attorney Thursday during a tense day in Boston federal court, where a trial for six employees of the now-shuttered company whose moldy drugs sparked a national meningitis outbreak neared the end of its third week.

  • October 31, 2018

    Real Estate Firm Fights For Control Of Ex-Exec's Jet

    A California real estate firm whose owner was recently charged with money laundering sought to intervene Wednesday in a dispute over an airplane owned by a former company executive, an attorney who the firm says fraudulently acquired the jet by using company money.

Expert Analysis

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • The Fight Against No-Poach Agreements Is Expanding

    Paul Eckles

    Washington state's attorney general has reportedly reached agreements with 30 national chains to remove no-poach clauses from their U.S. franchise contracts. A flurry of private lawsuits has followed, and other states are beginning investigations. Franchises must prepare for scrutiny, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Emerging Trends In State And Local Equal Pay Efforts

    Brian Murphy

    In the face of relative inaction by the federal government, state and local governments are increasingly combating the gender pay gap with various legislative efforts. Employers must be cognizant not only of laws existing in their jurisdictions, but also of those in others, say Brian Murphy and Jonathan Stoler of Sheppard Mullin Richter & Hampton LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.

  • Crypto As Commodity, And The Bankruptcy Implications

    Joanne Lee Molinaro

    With the recent ruling in My Big Coin Pay that bitcoin and other cryptocurrencies are “commodities,” bankruptcy courts will likely have greater discretion regarding how to treat the valuation of cryptocurrencies in a variety of contexts, say Joanne Lee Molinaro and Susan Poll Klaessy of Foley & Lardner LLP.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • State Tax Codes Can Help Mitigate Poverty

    Misha Hill

    There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.