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Massachusetts

  • January 2, 2019

    Former Insys CEO Will Plead Guilty In Opioid Kickback Case

    The former chief executive of Insys Therapeutics has agreed to plead guilty to conspiracy and mail fraud for his role in a scheme to bribe doctors to prescribe the company's fentanyl-based painkillers, prosecutors said in a court filing.

  • January 1, 2019

    Gov't Contracts Cases To Watch In 2019

    A U.S. Supreme Court case involving statutes of limitations on False Claims Act allegations, one of a number of important FCA issues the high court may soon tackle, will join a high-profile challenge to a $10 billion U.S. Department of Defense cloud deal as one of several prominent cases for government contractors to watch in 2019.

  • January 1, 2019

    White Collar Cases To Watch In 2019

    The coming year's white collar docket is an active one, with several large health care fraud cases set to go to trial and post-trial litigation that could shape the law in insider trading and other financial crimes and affect how companies cooperate in criminal probes.

  • January 1, 2019

    Insurance Cases To Watch In 2019

    Insurance attorneys will have plenty to chew on in 2019, with the Connecticut Supreme Court poised to weigh in on multiple issues of first impression regarding coverage for asbestos injury claims and Georgia's high court set to offer guidance on the prerequisites for policyholders to sue their insurers for bad faith.

  • January 1, 2019

    Transportation Cases To Watch In 2019

    Wage-and-hour lawsuits challenging the independent-contractor classification of drivers in the commercial trucking, delivery and ride-hailing industries and lawsuits concerning arbitration and class action standards are among the court battles that transportation attorneys will keep their eye on in 2019.

  • January 1, 2019

    Massachusetts Trends And Cases To Watch In 2019

    The new year in Massachusetts brings several legal trends and cases to watch, including the trial for former executives at Insys Therapeutics Inc., the implementation of noncompete reform and a federal judge's decision on claims of discrimination in Harvard University's admissions process.

  • December 20, 2018

    State Energy Plans Leaned Clean And Green In 2018

    As the Trump administration continued to focus on fossil fuel development, states picked up the clean energy policy mantle in 2018, with new laws and rules aimed at increasing renewable energy use within their borders and slashing their greenhouse gas emissions. Here, Law360 presents a map of the states that took action this year to shift their energy footprints.

  • December 20, 2018

    DOL, Groups Fight To Tank Association Health Plan Suit

    The U.S. Department of Labor has doubled down on defending its association health plan rule in Washington, D.C., federal court with a little help from the National Restaurant Association’s legal affiliate and a coalition of employer associations.

  • December 20, 2018

    Feds Can Appeal Georgeson Advisers Double Jeopardy Ruling

    Federal prosecutors on Thursday said they received a green light from the U.S. solicitor general to appeal fraud charges dismissed on double jeopardy grounds for three former Georgeson LLC advisers whose trial stopped short when the number of jurors dipped to 11 on its penultimate day.

  • December 20, 2018

    Swedish Stock Sale Fight Shouldn't Be In Mass., Judge Rules

    A Massachusetts federal judge has tossed a lawsuit accusing a Massachusetts resident of improperly backing out of a deal to sell approximately $40 million worth of shares in her late father's Swedish company, leaving it to a Swedish court to decide whether to enforce an underlying arbitration agreement.

  • December 20, 2018

    Investor Suit Against Apparel Retailer J.Jill Doesn't Fit: Judge

    A Massachusetts federal judge dismissed three consolidated stock-drop suits against women's apparel company J.Jill on Thursday, ruling that the company had not made material omissions just three days after he heard oral arguments on the company's motion to kick the claims.

  • December 20, 2018

    Coastal State AGs Want In On Seismic Testing Permits Fight

    Nine East Coast state attorneys general on Thursday sought to join a suit challenging the Trump administration's issuance of permits for oil and gas companies to injure or otherwise disrupt whales and other marine mammals during seismic testing off the Atlantic coast, a precursor for offshore drilling in the region.

  • December 20, 2018

    Caribbean Court Sides With Sinovac In Board Dispute

    The Eastern Caribbean Supreme Court for Antigua and Barbuda dismissed a claim Wednesday by dissident shareholders in the Chinese biopharmaceutical firm Sinovac, keeping in place the longtime directors despite an allegation in Boston federal court that they had illegally issued shares to maintain board control.

  • December 20, 2018

    Faster, Cheaper Arbitration A ‘Myth,’ Mass. Judge Writes

    A Massachusetts federal judge on Wednesday poked holes in some of the “myths” of resolving disputes in arbitration as opposed to the courts, issuing a colorful memo in a trade secrets suit between American Tower Corp. and a startup that is now headed to arbitration.

  • December 19, 2018

    Harvard, Law Review Move To Toss White-Male Bias Suit

    Harvard University and Harvard Law Review urged a Massachusetts federal court to dismiss a lawsuit claiming the legal journal is biased against white men in selecting members and the articles published, arguing the complaint doesn't point to a person who suffered discrimination or adequately allege a violation of civil rights laws.

  • December 19, 2018

    HIG, Bain Escape 6 Of 8 Claims In Surgery Center Buy

    Delaware's Chancellor on Wednesday tossed direct claims for breach of fiduciary duty lodged against Surgery Partners Inc., HIG Capital and Bain Capital in an investor suit over the $760 million acquisition of a surgery center while upholding derivative claims for breach of duty against HIG and aiding and abetting claims against Bain.

  • December 19, 2018

    Rockport Ch. 11 Estate Gets Approval For Liquidation Plan

    The Chapter 11 successor of footwear retailer The Rockport Co. LLC received court approval Wednesday in Delaware for a plan of liquidation that will fund claim reserves for payment of administrative expenses and professional fees.

  • December 19, 2018

    Deals Rumor Mill: Altria, BP, GE

    Altria Group Inc. is reportedly close to snapping up a little more than one-third of Juul Labs Inc., BP PLC put onshore assets up for sale in an effort to fund an October deal with BHP, and General Electric is taking its health care unit public.

  • December 19, 2018

    UK Looks Harder At Thermo Fisher $925M Microscope Deal

    The U.K.’s competition watchdog said Wednesday that Thermo Fisher Scientific Inc. must address concerns that the company's $925 million planned purchase of Roper Technologies' electron microscopes services business may increase prices for university and other U.K. consumers who use electron microscopes.

  • December 19, 2018

    Lyft Wins Bid to Force Arbitration In Driver Classification Suit

    A Massachusetts federal judge on Wednesday granted Lyft Inc.'s bid to compel arbitration in a putative class action brought by one of its drivers claiming the ride-hailing company misclassified him and others as independent contractors, ruling that the driver agreed to Lyft's arbitration terms when he signed up.

Expert Analysis

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • A Multistate Perspective On Taxation Of Digital Products

    Christopher Lutz.jpg

    While most states have addressed the taxability of canned and custom software, these two concepts already appear antiquated. Now, with electronically delivered and remotely accessible software, the guidance among states has begun to diverge substantially, says Christopher Lutz of Horwood Marcus & Berk Chtd.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • A Year-End Refresher On Laws Banning Pay History Inquiries

    Amy Traub

    A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • State Net

    Voters, Courts Slowly Take Lawmakers' Redistricting Power

    Rich Ehisen

    Thanks to the passage of ballot measures in this month's elections, Missouri, Colorado and Michigan have joined 13 other states that use independent commissions or other bipartisan or nonpartisan means to create legislative or congressional districts, or both, to combat gerrymandering, says Rich Ehisen of State Net Capitol Journal.

  • State Trust Taxes Ripe For Constitutional Challenges

    Toni Ann Kruse

    Fielding v. Commissioner of Revenue is the most recent in a series of cases that have used the U.S. Constitution to curtail the ability of states to impose their income taxes on nongrantor irrevocable trusts. Toni Ann Kruse and Melissa Price of McDermott Will & Emery LLP discuss the implications of this trend.

  • Prospects For Tax Policy In The 116th Congress

    Evan Migdail

    Now that the results of the 2018 election are (mostly) in, Evan Migdail and Melissa Gierach at DLA Piper LLP consider what a Democratic House, Republican Senate and Trump administration may be able to accomplish in the way of tax policy during the lame-duck session and the upcoming 116th Congress.

  • The Latest On State And Federal Paid Family Leave Programs

    Kathryn Barcroft

    Only four U.S. states currently require paid family leave programs, leaving private employers across most of the country with the decision of whether to provide such leave to their employees, says Kathryn Barcroft of Solomon Law Firm PLLC.