Massachusetts

  • April 2, 2018

    Boeing Numbers Among Winners Of Sizable DOD Contracts

    The U.S. Department of Defense handed down a number of multimillion dollar contracts Friday, with big winners including The Boeing Co., which nabbed a $262 million deal for a C-17 cargo aircraft, and several companies that received a $480 million award to develop camouflage nets for the Army.

  • April 2, 2018

    Failed Developer Asks 1st Circ. To Undo Bankruptcy Judgment

    A failed condominium developer fighting multimillion-dollar debts and criminal harassment charges told the First Circuit on Monday that he was ambushed by a creditor's belated claim in bankruptcy court.

  • April 2, 2018

    Boeing Trial Opening Statements Delayed After Strategy Shift

    A federal judge on Monday pushed back by a day opening statements in a trial for a woman suing The Boeing Co. over a two-foot hole that opened up in a plane she was aboard in 2010 after she altered her strategy on the eve of jury selection.

  • April 2, 2018

    Biotech Startup Seres Beats Suit Over Stock Drop

    A Massachusetts federal judge on Friday tossed a proposed class action against a venture capital-backed Bay State biotech company, saying its optimistic outlook about a pill-based colon infection treatment did not amount to securities fraud when an unsuccessful trial of the drug caused the company's stock to plummet.

  • April 2, 2018

    4 ERISA Cases That Could Be Game-Changers

    Employee benefits lawyers are keeping a close eye on a handful of appeals court battles over how fiduciaries manage retirement funds. Here, attorneys discuss cases that could shape how courts analyze ERISA claims.

  • March 30, 2018

    States, ACLU Urge Justices To Uphold Pause On Travel Ban

    The American Civil Liberties Union, immigration law scholars and states such as New York, California and Massachusetts were among the dozens of entities that filed briefs Friday urging the U.S. Supreme Court to uphold a lower court’s injunction that called for a pause of the Trump administration’s ability to implement a travel ban for nationals of primarily Muslim countries.

  • March 30, 2018

    Co. Punished For Dodging Discovery Tied To $75M IP Loss

    A Massachusetts federal judge on Thursday blasted Biolitec AG, its leader and local counsel for making it nearly impossible for AngioDynamics Inc. to collect on a years-old $75 million judgment in an IP dispute, ordering monthly sanctions that could add up to $1 million total until it complies with a discovery order.

  • March 30, 2018

    Mercedes Owner's Faulty Radiator Suit Stays Federal

    A Massachusetts federal judge on Friday shot down an aggrieved driver’s attempt to return a proposed class action against Mercedes-Benz USA LLC to state court, drawing on the man’s own assertion that “thousands of class members” are each owed “thousands of dollars” for faulty radiators.

  • March 30, 2018

    KPMG Hong Kong Exits Fraud Suit Over Work For Failed Firm

    A Massachusetts federal judge on Friday freed a Hong Kong affiliate of KPMG International from a securities fraud suit seeking to hold it and Morgan Stanley responsible for losses on bonds issued by a Chinese calcium carbonate manufacturer that collapsed in 2011 amid an accounting scandal.

  • March 30, 2018

    Tater Tots Injury Suit Survives Pan Am Preemption Rebuttal

    A grocery-supply mover whose feet were crushed by a pallet of frozen Tater Tots that fell off a train car can continue suing Pan Am Railways Inc. over negligently uneven cargo weight that allegedly caused his injuries, a Massachusetts federal judge said Friday.

  • March 30, 2018

    Mass. Tribe Didn't Meet Criteria For Recognition, Judge Says

    A Massachusetts federal judge on Friday tossed a suit by the Nipmuc Nation challenging the federal government’s decision not to recognize the tribe, saying that while the existence of the Nipmuc tribe is “indisputable,” the government had reasonably found that it didn’t meet all the criteria for federal acknowledgement.

  • March 30, 2018

    Lehman Benefits Plan Blasts Whistleblower 1st Circ. Appeal

    A Lehman Brothers medical insurance plan and asset manager Neuberger Berman have moved to shut down an appeal by a former Lehman employee who claims she was fired for blowing the whistle on the investment bank’s pre-crisis conduct, telling the First Circuit the case must be tossed on ironclad procedural grounds.

  • March 30, 2018

    Gov't Can't Expand FCA Case Over Hep B Tests, Judge Says

    A Massachusetts federal judge on Friday refused let the government expand a False Claims Act suit against Fresenius Medical Care over allegedly fraudulently billed hepatitis B tests after intervening late in the game, ruling that the government was only granted permission to join the case as it stands.

  • March 30, 2018

    Goodwin Liu Talks Academia, Constitutional Law, Oxtail Stew

    California Supreme Court Associate Justice Goodwin Liu discusses his interest in constitutional law, the transition from academia to judgeship, and the challenges that Asian-Americans currently face in the legal industry, as well as some of his personal hobbies.

  • March 30, 2018

    Claims Trimmed In Nissan Engine Defect Class Action

    A Massachusetts federal judge on Thursday narrowed the scope of a proposed class action against Nissan Motor Co. that claims shoddy engine components cost car buyers thousands when they damaged their engines.

  • March 30, 2018

    Toshiba Memory Biz Sale Delayed Amid Antitrust Review

    Toshiba on Friday said the sale of its memory business to a group led by Bain Capital will have to wait a little longer after antitrust regulators failed to make a determination before its anticipated close by the end of March.

  • March 30, 2018

    Disgraced Ex-Lobbyist's Fraud Conviction Stands

    A disgraced former lobbyist who helped funnel bribes to Massachusetts Speaker of the House Salvatore DiMasi will not have his conviction set aside after claiming his attorney during the 2011 trial failed to present evidence that could have led to an acquittal, a federal judge ruled Thursday.

  • March 29, 2018

    Parents Can Sue Sorin Over Heart-Valve Death, Judge Says

    The parents of a young woman who died in a Boston hospital after her artificial heart valve crumbled inside her won a federal judge's approval on Thursday to pursue claims against the device manufacturer, Sorin Group USA Inc., for allegedly failing to alert regulators that the prosthetic posed extreme risks for people younger than 30.

  • March 29, 2018

    Mass. Asbestos Removal Co. Owes Union $700K, Judge Says

    A Massachusetts man and his asbestos-removal company must pony up more than $700,000 after admitting they underpaid unionized construction workers and their retirement fund from 2011 through 2013, a federal judge ruled Wednesday.

  • March 29, 2018

    Beer Maker To Face Trimmed Claims In Guinness Ad Suit

    A Massachusetts federal judge has trimmed a proposed class action accusing the maker of Guinness Extra Stout of misrepresenting that the beer was brewed in Dublin when it was actually brewed in Canada, allegedly allowing the company to overcharge for the beverage.

Expert Analysis

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Nontraditional Health Care Programs Under The Microscope

    Paul Cirel

    Sponsored health care programs have expanded the scope of available services to include "providers" who do not offer direct medical care, but who facilitate or coordinate the provision of services by physicians and other more traditional caregivers. Difficulties in determining how to monitor these newer provider types may have kept them off the government's fraud and abuse radar for a while, but not anymore, says Paul Cirel of Todd & Weld LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • When Title VII Gender And Sexual Orientation Claims Overlap

    Daniel Pasternak

    Until the U.S. Supreme Court agrees to take up the issue of Title VII and sexual orientation discrimination, employers should take note that decisions like the First Circuit’s recent ruling in Franchina v. Providence Fire Department demonstrate that the issues of sex and sexual orientation are intrinsically intertwined, says Daniel Pasternak of Squire Patton Boggs LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.