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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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 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.
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.
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.
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.
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.
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.