Massachusetts

  • October 13, 2017

    19 AGs Sue Trump Over Halted ACA Subsidies

    Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.

  • October 13, 2017

    Mass. Senate Passes Ban On Firearm Bump Stocks

    The Massachusetts Senate on Thursday unanimously voted to ban bump stocks  and trigger cranks, which allow users to modify semiautomatic guns into fully automatic ones, following the deadly mass shooting in Las Vegas earlier this month.

  • October 13, 2017

    DC Circ. Urged Not To Delay Truck Trailer Emissions Rule

    Seven states and several other groups on Thursday urged the D.C. Circuit to reject a truck trailer manufacturers’ association's bid to delay implementation of a federal rule aimed at reducing greenhouse gas emissions from heavy-duty truck trailers, saying that the trailer makers won’t suffer irreparable harm.

  • October 13, 2017

    Mass. Retailer Sues Over Alleged High-Interest Loan Scheme

    A Massachusetts clothing and sports retailer filed suit in federal court Thursday alleging that financial technology company Kabbage Inc. evaded state law by offering high-interest loans through an industrial bank based in Utah, which places no ceiling on interest rates for commercial loans, all the while serving as the true lender.

  • October 13, 2017

    Insulet Hit With Derivative Suit Over Lack Of Disclosure

    Executives at Insulet Corp., a manufacturer of insulin pumps, misrepresented the success of a new-product rollout, ultimately causing shares of the company to plunge, a shareholder claimed in a derivative suit filed Friday in Massachusetts federal court.

  • October 13, 2017

    4 Things For Employers To Know As Pay Inquiry Bans Crop Up

    California Gov. Jerry Brown's signing Thursday of a new law barring employers from asking job applicants about their salary histories is the latest of several newly adopted state and local laws banning such inquiries that businesses will soon have to follow. Here, Law360 answers a few of employers’ most pressing questions about the bans.

  • October 13, 2017

    Health Hires: Boston Scientific, Mintz Levin

    Several companies and firms have bolstered their health and life sciences practices over the last few weeks, including Boston Scientific Corp., which named a new general counsel with a wealth of in-house experience, and Mintz Levin, which expanded its health practice with the former general counsel of a major New England health system.

  • October 12, 2017

    Boston PE Fund Sues 2 Cos. For Diluting Securities, Fraud

    Boston-based Auctus Private Equity Fund LLC filed lawsuits against two companies in Massachusetts federal court on Wednesday, accusing both of breaches of contract involving default events that affected the fund’s securities purchase agreements with them.

  • October 12, 2017

    Online Auto Seller Cargurus Leads 3 IPOs Totaling $227M

    Shares of Cargurus Inc. rallied upon debut on Thursday, one day after the online automotive marketplace priced its initial public offering above forecasted range and raised $150.4 million, representing the largest of three IPOs that generated $227 million total.

  • October 12, 2017

    Dimension Investor Sues To Block $151M Ultragenyx Merger

    A Dimension Therapeutics Inc. shareholder urged a Massachusetts federal court Wednesday to block Ultragenyx Pharmaceutical Inc.’s proposed $151 million acquisition of the company, alleging Dimension withheld material information from the U.S. Securities and Exchange Commission and is undercutting investors’ share of the profits.

  • October 12, 2017

    Mass. Ruling Doesn't End NJ Eyedrops Case, 3rd Circ. Told

    A potential class of eyedrops users alleging generic-drug makers such as Sandoz Inc. boosted prescription sales by using bottles that dispensed larger-than-needed drops told the Third Circuit Wednesday that a suit tossed in Massachusetts shouldn't end theirs.

  • October 12, 2017

    CMS Asks 1st Circ. To Undo Hospital Reimbursement Ruling

    The Centers for Medicare & Medicaid Services has urged the First Circuit to reverse a lower court’s ruling in favor of hospitals that have accused the agency of unlawfully instituting a “clarification” that alters a Medicaid reimbursement policy so the hospitals are paid less.

  • October 12, 2017

    1st Circ. Won't Rethink Ending Sarepta Securities Suit

    The First Circuit refused Wednesday to reconsider its August decision upholding the dismissal of a putative securities class action accusing drugmaker Sarepta Therapeutics Inc. of misleading investors over the possibility of government approval for its muscular dystrophy drug eteplirsen.

  • October 12, 2017

    Trio Of Pharma Cos. Fight Post-Trial Bids In $1B Patent Row

    Three pharmaceutical companies involved in a $1 billion patent infringement suit over a quality control test for a generic blood thinner contested each other’s dueling bids for post-trial relief Wednesday — including judgment or a new trial — after a jury found the patent was infringed but the claims were nonetheless invalid.

  • October 12, 2017

    Retired Colonel Pleads Not Guilty In Haiti Bribe Plot

    A retired Army colonel pled not guilty in Boston federal court Thursday to charges that he conspired to help bribe Haitian officials to secure approvals for an $84 million port project.

  • October 12, 2017

    'Dr. Jekyll' Pharma Insider Trading Suspect Released Again

    A Boston judge decided Thursday to release a former pharmaceutical executive accused of insider trading while he awaits trial despite the court's concerns that the defendant’s “Dr. Jekyll and Mr. Hyde” tendencies might reappear.

  • October 11, 2017

    What To Know About Boston's Status As A 'Sanctuary City'

    Boston’s pro-immigrant stance has earned it the label of “sanctuary city,” but it isn’t involved in litigation over sanctuary city funding threats, and has to contend with a Republican governor who takes a more hard-line approach to immigration. Here’s where Boston stands on several sanctuary city issues.

  • October 11, 2017

    Philips, DOJ Reach Deal Over Defibrillator Missteps

    Royal Philips’ North American unit has agreed to stop making external defibrillators at two facilities in Washington and Massachusetts until the U.S. Food and Drug Administration confirms that the locations comply with good manufacturing practices, the company said Wednesday.

  • October 11, 2017

    Fish Magnate 'The Codfather' Must Forfeit 4 Boats, 34 Permits

    A fishing industry giant known as "The Codfather” was ordered by a Massachusetts federal court on Wednesday to forfeit four boats and 34 fishing licenses worth roughly $2.3 million, just weeks after he was sentenced to nearly four years in prison for evading taxes and fish quotas.

  • October 11, 2017

    Mass. Jury Awards $4M For Woman’s Post-Childbirth Death

    A Massachusetts state jury awarded $4 million in a suit accusing doctors of failing to provide a 36-year-old woman with proper medical care, which caused her death shortly after she gave birth to a healthy child, the family’s attorney said.

Expert Analysis

  • Consider Value Vs. Budget Impact In Mass. Drug Prices

    Noam Kirson

    True pharmaceutical innovation that results in improved clinical outcomes may be cost-increasing in terms of budget impact, while still providing great value in terms of cost effectiveness. Massachusetts policies should find ways to pay for the pharmaceutical innovation instead of forcing manufacturers to accept lower prices for cost-effective innovations, says Noam Kirson of Analysis Group Inc.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Focusing On Climate Resiliency And Adaptation In Mass.

    Ruth Silman

    If Superstorm Sandy had coincided with Boston’s high tide by a mere five hours, many neighborhoods in Boston and Cambridge would have flooded. As we approach the fifth anniversary of Superstorm Sandy and reflect on the devastating impacts of recent hurricanes, it is critical to understand what would have happened if one of those storms had taken a slightly different route, says Ruth Silman, managing partner of Nixon Peabody LLP's Boston office.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Minimize Marijuana Risks With Special Lease Clauses

    William Moorman

    The recent enactment of laws permitting the cultivation and sale of recreational marijuana in Massachusetts commencing in July 2018 have created great opportunities for real estate owners and developers, and also great risks. By including certain provisions in their leases, landlords can at least mitigate many of those risks, says William Moorman Jr. of Patridge Snow & Hahn LLP.

  • Mass. Marijuana Laws Could Have Far-Reaching Impact

    Catherine Alford

    Looking at academic research and the impact of marijuana legalization on opioid use, adolescent marijuana use and crime in other states may hint at what effects recent changes in Massachusetts' marijuana laws will have, say analysts with Analysis Group Inc.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • Mass. Digital Health Developments: What To Know Now

    Ellen Janos

    Digital health is now an accepted part of the health care delivery system and has been widely adopted by both health providers and consumers. However, technology is evolving quickly and counsel for businesses entering this market in Massachusetts must keep up with a complex legal and regulatory landscape, says Ellen Janos of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 3 Key Points About Mass. Employee Defamation Claims

    David Henderson

    Massachusetts employers may appreciate a short, unpublished opinion that the Massachusetts Appeals Court issued this summer because it underscores yet again the importance of the conditional privilege that generally is available to protect employers from employee defamation claims, says David Henderson, a partner with Nutter McClennen & Fish LLP.