• November 29, 2017

    Toyota Customer Says Rats Race To Eat Through Car Wiring

    A proposed class action removed to Massachusetts federal court on Monday accuses Toyota of leaving its customers to the rats by incorporating soy-based materials in some of its cars' electrical wiring systems, baiting rodents that gnaw the wiring but refusing to cover repairs under warranty.

  • November 29, 2017

    BioChemics Obtains 11th-Hour Deposit On $17M Owed To SEC

    Attorneys for BioChemics Inc. notified a Boston federal judge on Wednesday that it secured a down payment on the $17 million it owes the U.S. Securities and Exchange Commission just 15 minutes before a hearing where government attorneys were set to pounce on the company for default.

  • November 29, 2017

    Mass. Tech Group Asks 4th Circ. To Keep Travel Ban Blocked

    An association of Massachusetts technology companies on Tuesday voiced support for immigrant organizations urging the Fourth Circuit to keep blocked the latest iteration of the Trump administration's travel ban, which the association said could wreak havoc on its industry if allowed to take effect.

  • November 29, 2017

    AGs Back Pa.'s Suit Over Contraception Mandate Exemptions

    A coalition of attorneys general from states including Massachusetts, California and New York on Tuesday voiced support for an effort by their counterpart in Pennsylvania to block regulations recently announced by the Trump administration dialing back the Affordable Care Act’s contraception mandate by allowing employers to claim religious or moral objections.

  • November 29, 2017

    After Inquiry, NLRB's Emanuel Discloses More Ex-Clients

    Former Littler Mendelson PC shareholder and recent National Labor Relations Board addition William Emanuel has previously represented some of the largest consumer corporations and banks in the country — from to JPMorgan and Wells Fargo — many of which were previously undisclosed during his nomination, according to a list of clients released Tuesday.

  • November 29, 2017

    Teamsters Files Suit Against Drug Cos. For Opioid Push

    A potential class of third-party payors led by a Teamsters health and welfare benefit fund on Tuesday joined the wealth of parties suing drugmakers and distributors for allegedly conspiring to market opioids as safe for long-term use without scientific backing, leading to the national opioid crisis.

  • November 28, 2017

    Harvard Says Micron Forfeited Venue Args In Tech IP Case

    Harvard is fighting to keep a patent lawsuit against Micron Technology Inc. in Massachusetts after the Federal Circuit gave new life to the company's argument the case should be heard elsewhere, with the college arguing Monday that Micron had forfeited its ability to challenge venue and was stalling.

  • November 28, 2017

    MS-13 Gang's East Coast Leader Takes Plea In RICO Suit

    The leader of a group of East Coast branches of the international gang MS-13 agreed to plead guilty Monday in Massachusetts federal court for his role in a racketeering conspiracy orchestrated to fund the gang’s activities in El Salvador.

  • November 28, 2017

    Cosby Tells 1st Circ. AIG Must Defend Him In Defamation Suits

    Bill Cosby told the First Circuit on Monday that AIG Property Casualty Co. must defend him in suits brought by women who claim the actor-comedian defamed them after they came forward with rape allegations, saying the defamation claims and rape allegations are separate matters.

  • November 28, 2017

    Warren Asks Trump's HHS Pick About ACA, Drug Prices

    U.S. Sen. Elizabeth Warren of Massachusetts sent a letter Tuesday to the nominee for secretary of the U.S. Department of Health and Human Services in advance of a confirmation hearing, raising concerns about his time at Eli Lilly & Co. and his “outspoken criticism” of the Affordable Care Act, among other things.

  • November 28, 2017

    Scaramucci Quits Tufts Board After Student Pushback

    Former White House Communications Director Anthony Scaramucci on Tuesday stepped down from his board of advisers role at Tufts University’s school of international affairs after a push from students to get him kicked off culminated in him threatening to sue the student paper for defamation, the university confirmed Tuesday.

  • November 28, 2017

    Feds Secure 2nd Guilty Plea In $1.6M Pump-And-Dump Case

    A Florida man pled guilty on Monday in Massachusetts federal court to arranging a 2012 pump-and-dump scheme to manipulate the value of a waste and recycling company.

  • November 28, 2017

    Judge Guts 'Excessive' Fee Bid In Helmet Royalty Fight

    A Massachusetts federal judge on Tuesday awarded a startup hockey-helmet design company less than half of the fees it requested as part of a sanctions order over destroyed evidence in its contract suit against Reebok-CCM Hockey, calling the request excessive and unreasonable.

  • November 28, 2017

    NY Nuke Subsidy Plan Is Legally Sound, AGs Tell 2nd Circ.

    Attorneys general from eight Democratic-leaning states, including New York, on Monday threw their support behind the Empire State’s plan to subsidize struggling nuclear power plants, telling the Second Circuit that the program is well within states’ authority to address air quality issues and doesn’t intrude upon federal electricity regulation.

  • November 27, 2017

    Arrested Insys Founder Kicks Off Jog-Blocking Ankle Monitor

    A Massachusetts federal judge Monday ruled that the founder of Insys Therapeutics Inc. could remove an electronic monitoring device that interfered with his jogging, saying the government hadn’t shown that the billionaire, accused of orchestrating a conspiracy to bribe doctors to prescribe his opioid painkiller, was a flight risk.

  • November 27, 2017

    Chicago Suit Is The Latest Over Uber Data Breach, Cover-Up

    The city of Chicago sued Uber in Illinois state court Monday, accusing the company of failing to protect 57 million users’ data and then attempting to cover up a 2016 breach, but the suit, which follows class actions in California, Oregon and Pennsylvania, likely won’t be the last over the ride-share giant’s admitted lapse.

  • November 27, 2017

    Shire Trade Secrets Complaint Against Ultragenyx Accelerated

    A Boston federal judge agreed on Monday to fast-track two pharmaceutical companies’ legal battle over their allegedly dueling access to a handful of doctors specializing in the treatment of ultra-rare enzyme deficiencies.

  • November 27, 2017

    Maquet Sues Abiomed Over Blood Pump Patent

    Maquet Cardiovascular LLC sued Abiomed Inc. for patent infringement in Massachusetts federal court last week, seeking to add damages and royalties for a recently approved patent to the companies' ongoing intellectual property feud over the technology rights to intravascular blood pumps.

  • November 27, 2017

    Mass. Factory To Pay $1M To Settle Wage, Hindrance Claims

    A Massachusetts aerosol factory and a pair of its executives will pay a total of nearly $1 million to put to rest allegations that it violated minimum wage and overtime rules and hindered an investigation into its practices, state Attorney General Maura Healey announced.

  • November 27, 2017

    Scaramucci Threatens Tufts Student Paper Over Op-Eds

    Former White House Communications Director Anthony Scaramucci threatened to sue the student newspaper of his alma mater Tufts University for defamation over an op-ed calling him an “unethical opportunist,” leading to the school on Monday cancelling an upcoming talk with him.

Expert Analysis

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Massachusetts Emerges As An Energy Storage Leader

    Eric Runge

    The energy storage market is developing rapidly, thanks to both federal efforts and state policies like Massachusetts' Energy Storage Initiative. The state recently set an “aspirational” goal for the procurement of 200 megawatt-hours of energy storage capacity by 2020, putting Massachusetts in the energy storage vanguard, says Eric Runge of Day Pitney LLP.

  • A Common-Sense Approach To Conversion In Digital Age

    Harvey Wolkoff

    Courts have openly struggled with whether electronic data satisfy conversion’s “tangibility” requirement. But in Children’s Hospital v. Cakir, a Massachusetts federal judge recently made clear that conversion provides a recourse for owners of electronic data that is destroyed or stolen, say attorneys with Ropes & Gray LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • Massachusetts Online Permitting Increases Transparency

    Jeanine Grachuk

    Finally catching up with many states that have made it possible to apply for and review permits online, Massachusetts’ Energy and Environmental Information Public Access System went online last month. The system promises improved accessibility to the permitting process, but still shows growing pains and limitations, says Jeanine Grachuk of Beveridge & Diamond PC.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Clean Water Act Challenges To Pipeline Projects: Part 2

    Joel Beauvais

    A slew of recent court rulings have addressed challenges to state pipeline permitting decisions under the Clean Water Act. The cases include industry appeals of high-profile permit denials by the state of New York, and environmental groups' objections to project certifications by other states. These rulings set important precedents, say Joel Beauvais and Janna Chesno of Latham & Watkins LLP.