Massachusetts

  • April 6, 2018

    Ariad Investors' Attys Seek 30% Of $3.5M Class Settlement

    Attorneys who won the revival of a securities class action at the First Circuit in 2016 have requested exactly 30 percent of the $3.5 million settlement that their three law firms subsequently reached on behalf of investors with Takeda Pharmaceutical Co. unit Ariad Pharmaceuticals Inc.

  • April 6, 2018

    Massachusetts Ban On Assault Weapons Upheld

    A Massachusetts federal judge late Thursday evening upheld the state's longtime ban on AR-15 rifles, saying Massachusetts Attorney General Maura Healey did not overstep her authority by extending the ban to so-called "copycat" weapons, a move that had led gun rights' advocates to cry foul and say she created thousands of felons overnight.

  • April 5, 2018

    My Big Coin Consents To Injunction As Fraud Case Continues

    My Big Coin Pay Inc. consented on Thursday to a preliminary injunction barring it from violating federal trade laws while the U.S. Commodity Futures Trading Commission sues the cryptocurrency company for fraud, postponing a showdown over the company’s argument that its virtual money, absent futures contracts, is not a commodity.

  • April 5, 2018

    Whistleblower Nurse Asks 1st Circ. For Lower Burden Of Proof

    A seasoned nursing assistant fired one week after raising flags about an allegedly dangerous colleague told the First Circuit Thursday that whistleblowers in Maine should not be subject to the same legal standard as workers who claim retaliation tied to discrimination and fraud under federal law.

  • April 5, 2018

    Former FTC Chair Opposes Mass. Net Neutrality Bill

    A former Federal Trade Commission chair under the Obama administration, who now co-chairs a lobby group funded by telecom giants, has testified against a state net neutrality bill to Massachusetts lawmakers, arguing it would be preempted and that a federal solution is needed.

  • April 5, 2018

    Impax's $20M Settlement In Pay-For-Delay Suit Clears Hurdle

    A Massachusetts federal judge gave her initial approval Thursday to Impax Laboratories Inc.’s $20 million midtrial settlement with a class of consumers and insurers that claimed the lab delayed the launch of a generic acne medicine in exchange for a $40 million payment.

  • April 5, 2018

    1st Circ. Upholds Sarepta Win In Drug Trial Investor Suit

    The First Circuit on Wednesday sided with Sarepta Therapeutics Inc. in a lawsuit claiming the company hid concerns about the clinical trial and regulatory outlook of a treatment for a type of muscular dystrophy, saying investors failed to show how the life sciences firm misled them.

  • April 5, 2018

    CardioNet's Heart Monitor Patents Get Trimmed Under Alice

    A Massachusetts federal judge has hacked away at two of CardioNet LLC’s patents for identifying and treating heart arrhythmias, finding that claims she already invalidated under the U.S. Supreme Court’s Alice ruling are representative of other claims at issue in the litigation.

  • April 5, 2018

    SEC Says $15B Disgorgement Suit Misinterprets Kokesh

    The U.S. Securities and Exchange Commission told a Massachusetts federal judge on Wednesday that a liquidation trustee’s lawsuit seeking almost $15 billion in allegedly ill-gotten disgorgements not only fails to state a claim, but misapplies the U.S. Supreme Court’s recent Kokesh decision on which the suit is based.

  • April 5, 2018

    States Sue EPA For Stalling On Methane Regulations

    Attorneys general and corporation counsel from 14 states and two cities on Thursday urged a D.C. federal judge to force the U.S. Environmental Protection Agency to clamp down on methane emissions from existing oil and gas infrastructure, saying the agency has shirked its legal duty to craft the standards.

  • April 5, 2018

    SEC, Feds Say Vistaprint Insider Helped Man Net Nearly $1M

    A suburban Boston man used inside information from a close friend working with Massachusetts-based Vistaprint to reel in nearly $1 million in illegal gains by hitting on risky insider trading bets, according to a complaint filed Thursday in federal court by the U.S. Securities and Exchange Commission and a parallel federal indictment.

  • April 4, 2018

    Equifax Can't Skip Mass. AG Suit Alleging Security Failures

    Massachusetts Attorney General Maura Healey plausibly suggested that Equifax broke Bay State law when it failed to run a security patch before a September data breach, a state court judge ruled in a decision made public Wednesday that refused to let the credit reporting firm dismiss the case.

  • April 4, 2018

    Airline Lobby Says Mass. Sick Leave Law Is Unconstitutional

    A lobbying organization for some of the nation’s biggest air carriers sued Massachusetts’ chief law enforcement officer on Wednesday, claiming flight as well as ground crews should be exempted from the state’s strict mandate for earned sick time, which is unconstitutional and allegedly causes flight delays and cancellations.

  • April 4, 2018

    Cryptocurrency Co. Says Virtual Money Not Futures

    A cryptocurrency company charged with defrauding customers argued in Massachusetts federal court that its virtual money, called My Big Coin, lacks a crucial element of commodities and cannot be regulated by the U.S. Commodity Futures Trading Commission, attempting to undermine a recent ruling allowing the watchdog agency to take action against misbehavior in the world of online wallets.

  • April 4, 2018

    Brookfield-Backed GrafTech Launches $850M IPO

    GrafTech International Ltd., a maker of graphite electrodes used in steel production, set terms on Wednesday for an initial public offering that would raise about $850 million for selling shareholders affiliated with Brookfield Asset Management Inc., after a Massachusetts biotech and a California software firm also filed this week.

  • April 4, 2018

    Mass. Judge Pleads To Keep Job Amid Sex Scandal

    A Massachusetts judge told the state's highest court he made a mistake when he engaged in an ongoing sexual affair with a court worker, but said the commission tasked with supervising judges' conduct went too far in suggesting he face the risk of losing his job, according to a filing Law360 obtained Wednesday.

  • April 4, 2018

    Raytheon, Peraton Settle Trade Secrets Dispute

    Raytheon and Peraton have settled a dispute over Raytheon's alleged failure to "firewall" certain employees who had been made privy to Peraton's trade secrets as part of a teaming deal to compete for $450 million in national security contracts that later fell apart, they told a Virginia federal court Wednesday.

  • April 4, 2018

    Broker, Radio Host Duped Elderly, Mass. Regulator Says

    A Massachusetts financial adviser and radio personality duped elderly listeners with ads offering to send information on Alzheimer's disease and then using the info to try to reel in new investment clients, the state's top securities cop charged in an administrative hearing that kicked off Wednesday.

  • April 3, 2018

    1st Circ. Reconsiders Maine Gov.’s Alleged Abuse Of Power

    A rarely seen extended bench of First Circuit judges on Tuesday peppered an attorney for Maine's Republican Gov. Paul LePage on his 2015 threat to pull state funding from an educational nonprofit that offered a job to a Democratic political foe, former Maine House Speaker Mark Eves.

  • April 3, 2018

    Vitamin Shoppe Answer Claims It Pumped Up Powder Benefits

    The Vitamin Shoppe has escaped “hypothetical” allegations against two of its signature amino acid-based dietary supplements but must confront a proposed class action complaint that the company inflated the muscle-building power of its creatine-glutamine powder.

Expert Analysis

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • West Coast 'Super Tort' PCB Suits Have Staying Power

    Gary Smith

    Increasingly, municipalities and states are pursuing public nuisance theories against product manufacturers and distributors. Actions filed by West Coast municipalities and states over the past three years against polychlorinated biphenyl manufacturer Monsanto continue to progress through the courts, say Gary Smith and Casey Clausen of Beveridge & Diamond PC.

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.

  • Childproof Cannabis Packages Won’t Impress Jeff Sessions

    Neama Rahmani

    A group of cannabis-oriented businesses recently announced standards meant to "protect consumers and demonstrate to regulators, financial institutions and the public that they operate at the highest level of ethics and responsibility." But these measures, including labeling, child-resistant packaging and health warnings, are unlikely to convince the U.S. Justice Department, says Neama Rahmani of West Coast Trial Lawyers.