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Massachusetts

  • November 8, 2018

    EPA's Guidance Kills Hydrofluorocarbon Rule, States Say

    The U.S. Environmental Protection Agency's guidance on implementing an Obama-era rule restricting hydrofluorocarbon use after the D.C. Circuit vacated parts of it violates the Clean Air Act because it effectively nullifies the entire rule, several states and the Natural Resources Defense Council told the circuit court Wednesday.

  • November 8, 2018

    Credit Union Must Face Suit Over Misleading Overdraft Policy

    The largest credit union in New England must face a proposed class action by customers who say its overdraft policies are unclear, a Massachusetts federal judge ruled Thursday, upholding breach of contract claims while tossing other claims for equitable relief.

  • November 8, 2018

    McCarter & English Adds IP Duo In Boston

    McCarter & English LLP has added a pair of attorneys experienced in life sciences as intellectual property partners in its Boston office, the firm has announced.

  • November 8, 2018

    Blood-Pressure Drug Cos. Hit With Suit Over Contamination

    The makers of a generic blood-pressure drug that was recalled due to contamination by a carcinogen "willfully ignored warning signs" about poor safety procedures in a laboratory in India and should have known their drugs were tainted years before testing revealed it this summer, according to a putative consumer class action filed Wednesday in Boston federal court.

  • November 7, 2018

    Ex-Lawmaker Could Be Asked To Testify In State Street Row

    A Massachusetts federal judge overseeing an investigation into improper billing practices by three law firms said Wednesday that he is considering asking Garrett Bradley, the managing partner of Thornton Law Firm LLP and a former state representative, to testify in the case.

  • November 7, 2018

    DOL Gets Support In Bid To Nix Association Health Plan Suit

    The U.S. Chamber of Commerce and the Society for Human Resource Management have thrown their support behind the U.S. Department of Labor's bid to nix a lawsuit challenging the agency's association health plan rule, saying the rule would help small-business employees have greater access to affordable care.

  • November 7, 2018

    Health In The Voting Booth: How 10 Ballot Proposals Fared

    Voters in states across the nation weighed in Tuesday on a variety of ballot measures dealing with issues including health care provider reimbursement and staffing, potential Medicaid expansions and abortion rights. Here's a look at the outcomes for 10 proposals with implications for the health care sector.

  • November 7, 2018

    Feds OK Employers' Right To Skirt ACA Birth Control Mandate

    Employers that oppose the use of birth control will be able to stop paying for workers’ contraception under newly finalized regulations the Trump administration plans to publish in the Federal Register on Nov. 15.

  • November 7, 2018

    Ponzi Investors Seek Final OK For $4.6M Deal With JPMorgan

    A proposed class of investors asked a Massachusetts federal judge on Tuesday to grant final approval of a $4.6 million settlement with JPMorgan Chase Bank, resolving claims that the bank aided and abetted the $150 million Millennium Bank Ponzi scheme.

  • November 7, 2018

    Investors Sue Infertility Co. OvaScience To Stop Merger Plan

    Stockholders challenged a proposed reverse merger in Massachusetts federal court Wednesday that would take biopharmaceutical company Millendo Therapeutics public as it acquires the fledgling female infertility treatment firm OvaScience.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Baker Wins 2nd Term As Mass. Gov., Healey Back As AG

    Republican Charlie Baker comfortably won a second term as Massachusetts governor Tuesday, soundly defeating Democratic challenger Jay Gonzalez with over two-thirds of the vote, while Maura Healey, an unabashed critic of the Trump administration, cruised to another four years as attorney general with an even more lopsided win over challenger Jay McMahon.

  • November 6, 2018

    Papa Gino's To Pursue Sale Of 141 Remaining Restaurants

    Bankrupt pizza parlor chain Papa Gino’s told a Delaware judge Tuesday that it hopes to close on a sale of its 141 remaining sandwich and pizza shops by January 2019 and received authority to access a portion of its $13.8 million post-petition financing package to fund that sale process.

  • November 6, 2018

    1st Circ. Bristles At Cushman Bid To Ax $1.3M Firing Verdict

    An argument that New York law protects Cushman & Wakefield Inc. from a $1.28 million jury verdict for firing an employee after he moved away was met with skepticism from a First Circuit panel Tuesday, as it suggested the worker was tricked into relocating out of state so he could be fired.

  • November 6, 2018

    Cell Cos. Push For Discovery Seal In Trade Secrets Suit

    American Tower Corp. and a small company that claims the cell tower giant poached its proprietary technology filed a joint motion in Massachusetts federal court Tuesday requesting that some documents obtained in discovery be kept under seal, including source code that would be viewable only on a single computer inside a locked room in an attorney's office.

  • November 6, 2018

    Aveo CFO Told Investors 'Half The Story,' Jury Hears

    The former chief financial officer for Aveo Pharmaceuticals "hid" from investors that a government agency had recommended a new clinical trial for the company's prize kidney cancer drug, an attorney for the U.S. Securities and Exchange Commission told a jury Tuesday in Boston federal court.

  • November 6, 2018

    1st Circ. Mulls Boston NPR Push For Release Of Juror IDs

    The First Circuit on Tuesday pondered whether the names and addresses of jurors must be immediately released following a trial, as a Boston member station of National Public Radio argued a federal judge erred in withholding the addresses of the panel that convicted a pharmacist tied to a deadly fungal meningitis outbreak.

Expert Analysis

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 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.