Massachusetts

  • October 6, 2017

    1st Circ. Upholds Calif. Atty's Pump-And-Dump Conviction

    The First Circuit on Friday upheld a California lawyer’s conviction over a $3 million stock pump-and-dump, upholding the denial of his acquittal motion and saying that even if under his “novel theory” co-conspirators could sell unregistered stock, he still told “admitted lies” that enabled fraud.

  • October 6, 2017

    F-Squared Founder Violated Securities Law, Jury Finds

    A federal jury in Massachusetts on Friday found the former CEO of defunct stock-picking company F-Squared liable in a civil case for his role in misrepresenting the history of his flagship investment product.

  • October 6, 2017

    Womble Carlyle Adds McCarter & English Patent Pros

    Three former McCarter & English LLP partners with decades of combined experience in life science and engineering patent applications, prosecutions and litigation, have joined Womble Carlyle Sandridge & Rice LLP in its new Boston office.

  • October 6, 2017

    Massachusetts Judge Consolidates 7 Uber Antitrust Suits

    A Massachusetts federal judge on Thursday consolidated seven antitrust cases brought by nearly 300 Boston-area taxi companies accusing Uber Technologies Inc. of violating city taxi rules and attempting to build a monopoly by running a cheaper, unlicensed taxi service.

  • October 6, 2017

    Nutter McClennen Picks Up Hinckley Allen Partner In Boston

    Nutter McClennen & Fish LLP has strengthened its corporate and transactions department with the addition of a partner from Hinckley Allen & Snyder LLP, who will work from its office in Boston, the firm has announced.

  • October 6, 2017

    Attys Argue For 1/3 Slice Of $15M Asacol Deal Pie As Fees

    Attorneys for direct purchasers who recently struck a $15 million deal in a suit accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their drug Asacol urged a Massachusetts federal judge Thursday to hand them almost $5.46 million in fees and expenses, arguing that they are asking for significantly less than the $8.3 million worth of work they did in the case.

  • October 5, 2017

    Meningitis Pharmacist Brushed Off Concerns, Colleague Says

    A Massachusetts pharmacist accused of second-degree murder for his role in the 2012 meningitis outbreak linked to his drugs was brusque and vulgar when people raised safety concerns, a former colleague testified Wednesday and Thursday.

  • October 5, 2017

    MIT Gets ERISA Suit Over Retirement Plans Trimmed

    A Massachusetts federal judge on Wednesday trimmed Employee Retirement Income Security Act claims brought by a proposed class of Massachusetts Institute of Technology workers, finding that some of the claims involving allegedly excessive retirement plan fees were based on speculation, but that others were strong enough to proceed.

  • October 5, 2017

    New England Insulation Hit With $6.8M Asbestos Verdict

    A Boston-area jury has awarded $6.8 million to the family of a man who died of mesothelioma, holding New England Insulation liable for the man’s exposure to asbestos dust when he did part-time insulation work in his youth, the family’s attorneys announced Thursday.

  • October 5, 2017

    High Court Asked To Review Removal Cancellation Condition

    A Brazilian native asked the U.S. Supreme Court to resolve a circuit split surrounding the implementation of the so-called stop-time rule, which relates to the period that an immigrant must continuously reside in the U.S. to be eligible for removal cancellation.

  • October 5, 2017

    Chinese National Ordered Out Of US Over Student Visa Plot

    A Chinese national has been sentenced to be removed from the United States after admitting to paying another person to take English-language college entrance exams on her behalf, the U.S. Attorney’s Office for the District of Massachusetts announced Thursday.

  • October 5, 2017

    PharMerica Must Face State FCA Claims, Whistleblowers Say

    Two whistleblowers accusing PharMerica Inc. of accepting kickbacks from drugmaker Organon USA Inc. have asked a Massachusetts federal court to revive claims dismissed in 2012, arguing claims under various state False Claims Acts aren't blocked by the first-to-file bar, according to a motion filed Wednesday.

  • October 5, 2017

    Insys To Pay $500K To End Mass. Opioid Marketing Claims

    Opioid manufacturer Insys Therapeutics Inc. has agreed to pay $500,000 to Attorney General Maura Healey’s office to end claims in Massachusetts state court that it unlawfully marketed a spray version of the opioid fentanyl, Healey said in a statement on Thursday.

  • October 5, 2017

    J&J, DePuy Lose Bid To Pause FCA Ruling At 1st Circ.

    The First Circuit on Wednesday denied Johnson & Johnson Services Inc. and subsidiary DePuy Orthopaedics Inc.'s bid to stay a decision reviving a False Claims Act suit over allegedly faulty hip replacement devices while the companies appeal to the U.S. Supreme Court.

  • October 4, 2017

    JPML Rebuffs Blue Spike’s Bid To Centralize 9 IP Lawsuits

    The U.S. Judicial Panel on Multidistrict Litigation rejected efforts by technology company Blue Spike LLC to centralize in Texas nine patent lawsuits, saying Wednesday it wasn’t persuaded there was enough commonality in the cases to make centralization beneficial or necessary.

  • October 4, 2017

    1st Circ. Weighs Congressional Intent In IRA Payments Row

    A pair of brothers accused of exceeding contribution limits on their retirement accounts told the First Circuit on Wednesday that the transactions were perfectly legal, pressing the panel to question whether the IRS can recharacterize account transfers that the agency argues flout congressional intent. 

  • October 4, 2017

    Retired US Colonel Faces Volley Of New Haiti Bribe Charges

    A retired U.S. Army colonel who was charged earlier this year with violating the Foreign Corrupt Practices Act by conspiring to arrange bribes to Haitian officials so that they would approve a $84 million port development project was hit with new charges in Massachusetts federal court Wednesday.

  • October 4, 2017

    Mass. Court Stoutly Backs Beer Distributor's $2.6M Fine

    A Massachusetts state court has upheld a record $2.6 million fine leveled by the state’s Alcoholic Beverages Control Commission against a beer distributor that paid bars to carry its brews in violation of pay-to-play regulations.

  • October 4, 2017

    BMC, Tufts Secure MassHealth Contracts Worth $1B Per Year

    The Boston Medical Center Health Plan and the Tufts Health Public Plans have nabbed five-year contracts with MassHealth collectively worth about $1 billion a year to manage primary, specialty, behavioral and pharmacy care for up to 200,000 members, the state’s health and human services office announced on Tuesday.

  • October 4, 2017

    State Street Pays $5M To Escape OFCCP Pay Bias Action

    Asset management giant State Street Corp. has agreed to pay $5 million to more than 300 black and female executives to settle allegations by the Office of Federal Contract Compliance Programs that it pays them less than their white and male counterparts.

Expert Analysis

  • The Top Employment Cases Of 2017, So Far

    Nonnie Shivers

    While the U.S. Supreme Court’s upcoming decision in the class action waiver case it will hear this October represents unequivocally the biggest thing 2017 will see in terms of employment law, several other cases and developments so far in 2017 are also worthy of discussion, says Nonnie Shivers of Ogletree Deakins Nash Smoak & Stewart PC.

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • 8 Years Of Health Care Enforcement: Doing Less With More

    Michael Loucks

    Despite the allocation of an additional $708 million in health care enforcement resources between 2008 and 2016, increases in financial recoveries and the prosecution of individuals never materialized. Attorneys with Skadden Arps Slate Meagher & Flom LLP explore what happened and what can be changed.

  • The Law Of Lis Pendens In Massachusetts And Rhode Island

    Christopher Blazejewski

    The recording of a notice of lis pendens is a powerful tool in real estate litigation, but it is not without procedural hurdles and risk. It is important to know how to obtain, attack and defend such a notice if you are involved in a real estate dispute in Massachusetts or Rhode Island, say Christopher Blazejewski and Ronald Ruth of Sherin and Lodgen LLP.

  • Dual Boston Blazes Prompt A New Look At Construction Risks

    Kristin Suga Heres

    In recent weeks, massive conflagrations destroyed two Boston-area residential developments in the midst of construction. While it remains to be seen whether the losses will have an impact on building codes, construction policies or the underwriting of construction risks, ignoring the blaring alarms would be both foolish and costly, says Kristin Suga Heres of Zelle LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 2

    Robert W. Ludwig

    In the second installment of this three-part series, attorney Robert W. Ludwig continues his deep dive into the controversial history of Second Amendment jurisprudence.

  • How New York State Is Making Energy Storage A Priority

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    In June, the New York State Legislature passed the Energy Storage Deployment Program bill to incentivize greater use of energy storage technologies. This will be a critical piece of a multipronged strategy to flatten the peaks and troughs of the daily electricity load profile and enable high penetration of intermittent renewables, say Thomas Puchner and Kevin Blake of Phillips Lytle LLP.

  • Accommodating Medical Marijuana Users: A National Trend?

    Matthew Mitchell

    The Massachusetts Supreme Judicial Court's recent decision in Barbuto v. Advantage Sales and Marketing — and recent, similar precedent from other jurisdictions — may indicate a judicial trend that provides greater workplace protections to marijuana users. This represents a new, potential compliance benchmark for employers with respect to workplace safety policies, say attorneys with Partridge Snow & Hahn LLP.

  • How State High Courts Are Reshaping Anti-SLAPP Laws

    Clifford Zatz

    Three recent decisions from the California, Massachusetts and Texas high courts reflect continued judicial shaping of anti-SLAPP statutes. Employers, media companies and other potential SLAPP litigants should note how state laws in this area continue to evolve, sometimes in divergent directions, say attorneys with Crowell & Moring LLP.