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Massachusetts

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

  • September 17, 2018

    Rejected Harvard Applicants Fight Student Trial Testimony

    Eight Harvard University students and alumni should not be allowed to testify or participate as parties in a landmark admissions suit against the Ivy League school, a group of rejected applicants and the anti-affirmative action plaintiff told a federal judge late Friday afternoon.

  • September 17, 2018

    TelexFree Admits Massive Telecom Scam, Securities Abuses

    The scam corporations behind one of the world's largest pyramid schemes, TelexFree Inc. and TelexFree LLC, admitted Monday to securities fraud that federal agents believe swindled more than 1 million people, a move signaling the end of criminal charges and a lawsuit that halted the massive scheme in its tracks in 2014.

  • September 17, 2018

    UNH Law Hit With $5.3M Due Process Suit By Ex-Student

    The University of New Hampshire School of Law was hit with a $5.3 million lawsuit on Friday in federal court by a former student from Massachusetts who claims the school denied him a chance to be heard on an alleged code of conduct violation, costing him admission to two other law schools.

  • September 14, 2018

    The Privacy Fight For Digital Data Warrants Is Just Starting

    Lower courts are already grappling with the U.S. Supreme Court's June ruling in Carpenter v. U.S. telling authorities to get a warrant for cellphone location data, which privacy lawyers say is just the tip of the iceberg as disputes loom about other types of digital data that can reveal intimate details about someone's life.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    1st Circ. Affirms US Jurisdiction In American-German TM Row

    The First Circuit ruled that a federal long-arm statute can provide American plaintiffs with specific personal jurisdiction against foreign corporations without offending the companys' due process rights, allowing trademark infringement claims against a German corporation to continue in United States federal courts.

  • September 14, 2018

    Day Pitney Guides MassMutual On $110M Queens Loan

    Day Pitney LLP represented Massachusetts Mutual Life Insurance Co. in connection with its $110 million loan to Brause Realty Inc. for an apartment building in Long Island City, Queens, according to records made public in New York on Friday.

  • September 14, 2018

    BNY Mellon Trust Beneficiaries Win Class Cert. In Fees Suit

    A group of trust beneficiaries accusing Bank of New York Mellon NA of charging excessive and undisclosed fees on tax returns was granted class certification by a Massachusetts federal judge Friday, who also kept on the lead plaintiff despite a history of disagreements between her and lead class counsel.

  • September 14, 2018

    Tribes Face Rougher Road For Land-Into-Trust Bids

    The U.S. Department of the Interior’s rejection this month of the Mashpee Wampanoag Tribe's application to have its Massachusetts land held in trust puts the tribe’s planned casino project in jeopardy and could signal that the Trump administration intends to make it more difficult for recently recognized tribes to pursue their land-into-trust requests, experts say.

  • September 14, 2018

    Fed. Circ. Won't Rehear Blackbird Win In Lighting IP Row

    The Federal Circuit has refused a request for rehearing en banc over its decision to revive a suit brought by Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, over a patent related to energy-efficient lighting.

  • September 14, 2018

    Kirkland, Skadden Advise On Staples' $996M Essendant Buy

    Staples on Friday inked a $996 million acquisition of national distributor of workplace supplies Essendant Inc., usurping the latter's previously announced merger agreement with the office products unit of Genuine Parts Co., in a deal steered by Kirkland & Ellis LLP and Skadden Arps Slate Meagher & Flom LLP.

  • September 14, 2018

    EPA’s Expert ‘Purge’ May Not Be Radical Idea, Judge Says

    A directive by the Environmental Protection Agency barring scientists who receive EPA grants from serving on the agency’s advisory committee does not seem like a “radical” position, a Massachusetts federal judge said Friday as he heard arguments on whether to dismiss the case.

  • September 13, 2018

    Insurer On Hook For $3M Cleanup Of Laundromat Suds Spills

    Ace Property and Casualty Insurance Co. must cover $3 million that a defunct laundromat owes a real estate holding company for polluting a site straddling the Massachusetts-New Hampshire border with dry-cleaning chemicals, a Massachusetts federal judge ruled Thursday.

  • September 13, 2018

    HIG, Bain Say Investor Chancery Claims Not Backed By Facts

    Attorneys representing Surgery Partners Inc. and private equity investors HIG Capital and Bain Capital Investors LLC told a Delaware Chancery Court judge Thursday that an investor suit provided no factual support for its claims that the parties acted unfairly in a complex $760 million acquisition of another surgery center, and it should be dismissed.

  • September 13, 2018

    Sidley, Debevoise Guide $950M Insurance Co. Acquisition

    Attorneys at Sidley Austin LLP and Debevoise & Plimpton LLP hammered out the details of a $950 million deal announced Thursday that will see China Reinsurance Corp. acquire the international specialty insurance businesses that make up Chaucer Insurance Group PLC from Massachusetts-based The Hanover Insurance Group.

  • September 13, 2018

    Mass. AG Says Ch. 7 Won't Save For-Profit School From Suit

    The Massachusetts Attorney General's Office told a Delaware bankruptcy judge on Thursday that federal protections in Education Management Corp.'s Chapter 7 should not prevent the state from proceeding with a lawsuit against one of its for-profit schools seeking damages on behalf of students.

  • September 13, 2018

    Boston Joins In Suing Purdue, Others Over Opioid Epidemic

    The city of Boston joined dozens of other cities and towns in Massachusetts on Thursday, hitting Purdue Pharma LP, Insys Therapeutics Inc. and more than a dozen other drugmakers and distributors with a lawsuit in state court as a result of the opioid epidemic.

  • September 13, 2018

    FDA Never Saw Birth-Defect Tests On GSK Drug, Families Say

    Families suing GlaxoSmithKline who claim the anti-nausea medication Zofran led to birth defects argued Thursday in Massachusetts federal court that crucial tests were not shown to the U.S. Food and Drug Administration when it rejected a correlation between the drug and defects as the families tried to beat the company's motion for summary judgment.

  • September 12, 2018

    SEC Claims Mass. Broker Lied To Short Drug Co. By $1.3M

    The U.S. Securities and Exchange Commission on Wednesday sued a Massachusetts hedge fund adviser who allegedly drove down the price of San Diego-based Ligand Pharmaceuticals Inc. and bet against its stock to reap more than $1.3 million.

Expert Analysis

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.