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Massachusetts

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Biogen Gets Win In Drug IP Fight As Judge Overrides Jury

    A New Jersey federal judge on Friday overrode a jury's verdict and instead found that EMD Serono Inc. and Pfizer Inc. infringed Biogen MA Inc.'s valid patent for the multiple sclerosis treatment Avonex.

  • September 7, 2018

    Cigarettes And Asbestos Gave Man Fatal Cancer, Jury Told

    A combination of smoking cigarettes made by R.J. Reynolds and Philip Morris and exposure to an auto parts company's asbestos-laden brakes caused a man's fatal lung cancer, counsel for the man's widow told a Boston jury during Friday opening statements.

  • September 7, 2018

    Feds Pursue Lower Burden Of Extortion Proof At 1st Circ.

    Federal prosecutors asked the First Circuit on Friday to revive an extortion case against two Boston mayoral aides charged with wielding their positions at city hall to pressure a concert organizer to hire union labor, allegedly in an attempt to help the labor unit, their own careers and their Democratic boss.

  • September 7, 2018

    States Back Tribe, Allergan Fed. Circ. Bid For PTAB Immunity

    Seven states and two state universities urged the full Federal Circuit Friday to rehear a decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, saying the holding misreads the law and could subject patents owned by states to PTAB review.

  • September 7, 2018

    Equifax Knew About Security Gaps Before Hack, Report Says

    Equifax was aware of, but failed to fix, major vulnerabilities that led to its infamous data breach in 2017 in which hackers stole sensitive personal information of more than 145 million Americans, according to the U.S. Government Accountability Office’s report released Friday.

  • September 7, 2018

    Mass. Justices Block Noncompete On Calif. Employee

    Massachusetts’ highest court on Friday rejected a Massachusetts consulting company's attempt to enforce a noncompete agreement under Bay State law with an employee based in California, where the justices said the forum should move and where the restrictive covenants are effectively outlawed.

  • September 7, 2018

    Health Hires: Pepper Hamilton, Perkins Coie, Davis Wright

    Pepper Hamilton LLP, Perkins Coie LLP, Davis Wright Tremaine LLP, Simmons & Simmons, McKool Smith PC and Lane Powell PC are the latest firms to boost their health and life sciences offerings, with former prosecutors, antitrust experts, cannabis specialists and more.

  • September 7, 2018

    Mass. 3D Printing Co. Says Rival's Suit A Sham To Drain Cash

    An ongoing feud between a pair of Massachusetts 3D printing companies took another turn Friday when one company accused the other of filing a sham intellectual property suit in federal court with the sole intention of driving its competitor out of business, pointing to recently unearthed text messages as proof.

  • September 7, 2018

    1st Circ. Revives Suit Over Harvard Pilgrim's ERISA Denial

    The First Circuit has revived a young woman’s suit accusing Harvard Pilgrim Health Care of wrongly denying her coverage for residential mental health treatment, holding that the lower court erred by not considering documents that had been submitted in a post-complaint benefits review when reaching its decision.

  • September 7, 2018

    Boston Biotech Exec Cops To Role In $12.7M Painkiller Fraud

    One of three executives of a small Boston-area biotech company pled guilty in Massachusetts federal court Friday to helping the company fraudulently raise about $12.7 million by buying shares of stock at artificially high prices in order to drive up the value.

  • September 6, 2018

    US Officials Conspired Against, Owe Immigrant Kids: Suit

    Boston immigration and civil rights attorneys said Thursday they are seeking to hold a dozen members of the Trump administration personally responsible for the trauma endured by more than 2,000 children the government separated from their parents this year at the U.S. border with Mexico.

  • September 6, 2018

    State AGs At Odds Over Google Privacy Pact At High Court

    Attorneys general from California, Massachusetts, Illinois, New York and several other states urged the U.S. Supreme Court to uphold an $8.5 million privacy settlement requiring Google to pay millions to third parties and nothing to class members, going against 19 fellow state attorneys general who in July stumped for the opposite result.

  • September 6, 2018

    Abiomed Seeks Quick Win In Fired Exec's $2.1M Equity Suit

    Abiomed, a medical implant maker, asked a Massachusetts federal judge Thursday for a win in a suit the company faces brought by a former executive who claims he was fired right before a lucrative deal came though, costing the fired employee more than $2 million in company stock.

  • September 6, 2018

    State AGs Join Fight Over DOI Flip On Migratory Bird Kills

    Democratic attorneys general from eight states sued the U.S. Department of the Interior in New York federal court seeking to undo its decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, joining environmental groups that have already challenged the policy about-face.

  • September 6, 2018

    F-Squared Trustee Can't Reap $7.7M Legal Insurance Payout

    A Massachusetts federal judge said Wednesday the bankruptcy trustee for F-Squared Investments Inc. can't claim a $7.7 million insurance payout for the legal fees it spent during the investigation that helped bring it down, saying the probe started before the policies kicked in.

  • September 6, 2018

    Ex-Akebia, Merrimack Analysts Want Conviction Tossed

    A pair of pharmaceutical statisticians told a Massachusetts federal judge Thursday their insider trading conviction should not stand because what the government said it would prove at trial differed greatly from the evidence that ended up coming in.

  • September 6, 2018

    Mass. Justices Uphold Ban On Corporate Campaign Spending

    The Massachusetts Supreme Judicial Court on Thursday upheld a state ban on corporate contributions to political campaigns, parties and candidate-focused political action committees, in an opinion definitively stating that giving businesses direct influence in elections poses a legitimate threat of corruption.

  • September 5, 2018

    14 AGs Urge CFPB Not To Back Off Disparate Impact Liability

    A coalition of Democratic attorneys general cautioned the Consumer Financial Protection Bureau on Wednesday against reading disparate impact liability out of the Equal Credit Opportunity Act, calling the legal theory a "critically important feature of antidiscrimination law" that's been backed by the courts and decades of regulatory interpretation.

  • September 5, 2018

    FDA Ordered To Finish Overdue Graphics For Tobacco Labels

    A federal judge in Massachusetts ordered the U.S. Food and Drug Administration on Wednesday to finish designing full-color, graphic warning labels that were due seven years ago under a law mandating the ugly imagery of tobacco’s health consequences be placed on cigarette packs and advertisements.

Expert Analysis

  • 1st Circ.'s Uber Ruling Imposes Burdens On App Design

    Geoffrey Wyatt

    Courts have generally recognized that online contracts can be enforced like any other agreements, but a June decision from the First Circuit invalidates an arbitration clause in an electronic contract simply because the link provided was in the wrong font and color. This decision fundamentally misunderstands the nature of internet commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Connecticut's 'Kill Quill' Bet Seems To Pay Off

    Marc Finer

    Connecticut recently passed sales tax legislation requiring out-of-state online retailers to collect Connecticut sales tax. This law, which would have been unconstitutional had the Supreme Court upheld Quill Corp. v. North Dakota, is likely valid after the court eliminated the physical presence standard in South Dakota v. Wayfair Inc., says Marc Finer of Murtha Cullina LLP.

  • It's Not Too Early To Prep For New Mass. Employment Laws

    Sean O’Connor

    Courtesy of the “grand bargain” legislation, significant changes are coming to Massachusetts employment law. Among other new requirements, employers should prepare for increases in the state minimum wage rates, revisions to tipped employees’ wages, and a new state-administered paid family and medical leave program, says Sean O’Connor of Morgan Brown & Joy LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.