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Massachusetts

  • November 6, 2018

    OSHA Fines Mass. Construction Co. Over Fall Hazards

    The Occupational Safety and Health Administration said Monday it has slapped Massachusetts construction company Northeast Framing Inc. with $311,330 in penalties for exposing its employees to falls and other hazards after a worker fell to their death at an East Boston job site in May 2018.

  • November 5, 2018

    Papa Gino's Parent Co. Closes 95 Restaurants, Enters Ch. 11

    The parent company of New England pizza chain Papa Gino’s hit Chapter 11 on Monday, filing its bankruptcy petition in Delaware a day after closing 95 of its restaurants and with an offer in hand to sell its assets to its secured lender.

  • November 5, 2018

    Necco Board Wants Trustee's D&O Suit Tossed

    The former directors and officers of candy maker New England Confectionery Co. Inc. Monday asked a federal court to dismiss claims they drove the company into bankruptcy, arguing their choices were reasonable and they are protected by the company charter.

  • November 5, 2018

    Ex-Akebia Statistician Gets 3 Years For Insider Trading

    A former Akebia Therapeutics Inc. statistician convicted of swapping confidential information with a buddy working for Merrimack Pharmaceuticals Inc. was sentenced to three years in federal prison Monday after a contentious process that saw him land behind bars multiple times for defying court orders.

  • November 5, 2018

    Software Startup Leads 3 IPO Launches Totaling $535M

    Three companies set price ranges Monday on initial public offerings projected to raise about $535 million combined, restocking an IPO pipeline that had thinned in recent weeks, led by an estimated $400 million offering by venture-backed software startup Qualtrics International Inc.

  • November 5, 2018

    Jury Picked For Ex-Drug Co. CFO's Securities Fraud Trial

    A jury of seven women and five men was seated Monday in Boston for a two-week civil case to determine whether Aveo Pharmaceuticals' former chief financial officer misled investors about the likelihood of a cancer drug approval by concealing that the U.S. Food and Drug Administration had recommended a second clinical trial.

  • November 5, 2018

    Grid Operator's Power Plant Rescue Plan Criticized At FERC

    State consumer advocates, as well as Federal Energy Regulatory Commission staff attorneys, on Friday panned a regional grid operator's plan to pay in the name of regional fuel security an Exelon Corp. gas-fired plant near Boston that is slated for closure, saying the proposal as written would overcharge consumers.

  • November 5, 2018

    Sheriff's Capt. Avoids Jail For Aiding 'Codfather' Smuggling

    A former captain and driver for the Bristol County sheriff on Monday avoided jail time for his role in helping the notorious fishing magnate known as "the Codfather" smuggle cash to the Azores, as a Massachusetts federal judge sentenced him to probation and home confinement instead.

  • November 5, 2018

    Wachtell, Kirkland Guide PE Firm's $950M Cybersecurity Buy

    Private equity firm Thoma Bravo LLC said Monday that it has agreed to buy application security testing platform Veracode from Broadcom Inc. for $950 million in cash, in a deal guided by Wachtell Lipton Rosen & Katz and Kirkland & Ellis LLP.

  • November 2, 2018

    Hagens Berman Seeks Lead Role In Intuniv Pay-For-Delay Suit

    Hagens Berman Sobol Shapiro LLP pursued lead counsel status and class certification Friday in a proposed antitrust case against two pharmaceutical companies over the marketing of ADHD drug Intuniv, according to a filing in Massachusetts federal court.

  • November 2, 2018

    Both Sides Decry 'Wolf' Of Racial Bias As Harvard Trial Wraps

    The closely watched trial of a lawsuit taking on Harvard University's affirmative action admissions policies, which could land before the U.S. Supreme Court and have a wide-ranging effect on college applications, closed Friday with the challengers saying the “wolf" of racial bias was at the school's front door and the university saying that wolf was targeting black and Latino students.

  • November 2, 2018

    Brand Battles: NE Patriots, 'Game Of Thrones,' Starbucks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owner of the New England Patriots "rises up" over competitive video gaming, HBO defends a famous "Game of Thrones" quote about drinking and knowing things, and Starbucks gets steamed about "Teavana."

  • November 2, 2018

    Settlement Reached In Stryker Hip Replacement Suits

    The makers of Stryker hip replacement components have reached a confidential settlement with patients who had surgery to replace those components, a group of attorneys leading the litigation announced Friday.

  • November 2, 2018

    12 States Will Vote On Health Care Ballot Measures Tuesday

    Voters in a dozen states on Tuesday will decide ballot measures related to health care provider reimbursement and staffing, Medicaid expansions, abortion rights, and the legality of medical and recreational marijuana. Here, Law360 spotlights 17 measures with important implications for the health sector.

  • November 2, 2018

    Investors, Energy Co. Wrangle Over 'Entire Fairness Doctrine'

    The fate of a lawsuit by investors who claim they were shortchanged in the merger of two green energy companies will likely depend on which of two standards for disputed transactions is applied, a Massachusetts federal judge said Friday.

  • November 1, 2018

    Mass. Blue Cross Accused Of Improper Mental Health Denials

    A proposed class action suit filed in Massachusetts federal court late Wednesday accuses insurer Blue Cross and Blue Shield of Massachusetts Inc. of improperly denying claims for inpatient mental health treatment in alleged violation of federal laws.

  • November 1, 2018

    121 Multiemployer Plans Underfunded By $48.9B, Study Says

    A new analysis of the multiemployer pension plan funding crisis released Thursday by the actuarial consulting firm Cheiron Inc. claims that as many as 121 plans are underfunded by $48.9 billion, up from 114 plans that were underfunded by $36.4 billion last year.

  • November 1, 2018

    Harvard Questioned On Admissions Guideline Change At Trial

    A recent change in guidelines Harvard University gives to admissions officers regarding the use of race in assigning an applicant’s “personal rating” was spotlighted in testimony Thursday, as the group suing the school over its affirmative action policies suggested Harvard made the shift in response to the high-profile litigation.

  • November 1, 2018

    Aveo Stock Plunge Fair Game When Ex-CFO Stands Trial

    The government can tell a jury about how the stock price of an Aveo Pharmaceuticals cancer drug plummeted 31 percent after the public learned the U.S. Food and Drug Administration had requested a second round of testing, a Massachusetts federal judge ruled Thursday as former Aveo CFO David Johnston prepares to stand trial next week.

  • November 1, 2018

    NY, Coalition Slam EPA's Effort To Replace Clean Power Plan

    New York led a group of 26 states and local governments that commented on the U.S. Environmental Protection Agency’s proposal to replace the Obama-era Clean Power Plan regulating power plants' carbon emissions with a new rule, arguing the move was wrongheaded and harmful.

Expert Analysis

  • State Tax Codes Can Help Mitigate Poverty

    Misha Hill

    There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Setting The Odds On Massachusetts Gambling Legislation

    Katherine Guarino

    In the wake of the U.S. Supreme Court's decision in Murphy v. NCAA, Massachusetts has shown restraint with respect to expanding legalized gambling to include sports betting. However, the state Legislature is likely to seriously consider enacting a bill on sports betting in the 2019-2020 session, say Katherine Guarino and Warren Myers of Locke Lord LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • More Automation Means Less Busy Work For Legal Teams

    Rebecca Yoder

    Legal departments have been slow to adopt artificial intelligence and automation solutions for the sort of mundane tasks attorneys dread. But such tools can make legal teams more efficient and accurate, allowing members to focus on big-picture challenges and mission-critical strategies, says Rebecca Yoder of Docusign Inc.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • NJ Order Gives Offshore Wind A Firmer Footing

    H. David Gold

    Earlier this year, New Jersey Gov. Phil Murphy signed legislation strengthening the state's offshore wind power goals. Last month, his administration issued the largest offshore wind energy solicitation of any state to date, giving the industry a strong foundation in New Jersey, say attorneys at WilmerHale.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Oliveira Arguments Portend A Small Victory Against FAA

    Scott Oswald

    Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.