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Massachusetts

  • September 5, 2018

    J&J, Janssen Win Mass. Risperdal Suit On Teen's Weight Gain

    Johnson & Johnson and its subsidiary Janssen Pharmaceuticals Inc. on Wednesday prevailed over claims in Massachusetts federal court saying their antipsychotic drug Risperdal caused a Bay State man to gain excessive weight in his teenage years, while thousands of similar personal injury suits are pending separately in Pennsylvania.

  • September 5, 2018

    Galvin Fends Off Zakim In Mass. Secretary Of State Primary

    Massachusetts Secretary of the Commonwealth William F. Galvin late Tuesday fended off his toughest challenge in more than two decades from Boston City Councilor Josh Zakim, all but securing what he said will be his final term as the state’s top securities enforcement official.

  • September 5, 2018

    Late Patriot's Ex Meets Skeptical 1st Circ. In Benefits Suit

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu faced a blitz of skepticism from the First Circuit on Wednesday in her bid to flip the National Football League’s denial of her claim of survivor benefits.

  • September 4, 2018

    Getinge Dodges Subsidiary's Blood Pump Patent Fight

    A Massachusetts federal judge on Tuesday released Swedish medical device company Getinge AB from a battle over the legal rights to a blood pump method, saying Abiomed Inc. had failed to claim Getinge had any stake in the contested patent.

  • September 4, 2018

    Feds Fight Claim That Expert Witness Double-Crossed Insys

    A doctor accused by the founder and several former top executives at opioid manufacturer Insys Therapeutics Inc. of double-crossing them by agreeing to testify for the government at their upcoming racketeering trial after speaking with their lawyers should still be able to take the stand for prosecutors, the government told a Massachusetts federal judge Tuesday.

  • September 4, 2018

    Mass. Top Court Says Emission Caps Apply To Electric Cos.

    Massachusetts' highest court ruled Tuesday that electricity companies operating in the state are subject to caps on greenhouse gas emissions, hastening state policy goals on global warming for a second time since they were enacted a decade ago.

  • September 4, 2018

    Harvard Students Want To Testify In Admissions Suit Trial

    A group of current and former Harvard University students want to take the stand if a landmark suit accusing the renowned school of an admissions process that is biased against Asian-American applicants goes to trial, according to a motion filed in Massachusetts federal court.

  • September 4, 2018

    Necco Trustee Says Board Nixed Sweet Prebankruptcy Deal

    The trustee representing the once iconic but now bankrupt New England Confectionery Co., better known as Necco, sued the company’s board of directors Friday in Massachusetts federal court alleging they committed a gross breach of fiduciary duty by ignoring a promising buyout offer in order to benefit conflicted board members.

  • August 31, 2018

    Sustained Overdraft Fees Aren't Interest, Bank Tells 1st Circ.

    Citizens Bank NA has urged a First Circuit panel to affirm the dismissal of a proposed class action that alleges the bank’s so-called sustained overdraft fees are really just illegal interest charges, arguing that the federal agency in charge of national banks has made it clear that such fees don’t count as interest.

  • August 31, 2018

    Nutter Adds 3rd Hinckley Allen Partner To Boston Team

    Nutter McClennen & Fish LLP has added three partners from rival Boston firm Hinckley Allen & Snyder LLP in under a year as it continues to expand its corporate and transactions department, with the latest hire coming aboard in the second half of August.

  • August 31, 2018

    DOJ, MassBio Back Helsinn In High Court On-Sale Bar Fight

    The U.S. Department of Justice, the Massachusetts Biotechnology Council and nine other amici urged the justices to overturn a Federal Circuit decision expanding the America Invents Act’s on-sale bar, saying it conflates confidential development agreements for public disclosures and will harm all but the largest drug companies.

  • August 31, 2018

    OvaScience Director Compensation Suit Settled In Del.

    A proposed settlement between shareholders of fertility treatment developer OvaScience Inc. and the company’s directors received court approval Thursday from a Delaware federal judge, with shareholders' attorneys receiving a $300,000 fee and expense award.

  • August 31, 2018

    SEC Fines Mass. Investment Co. $1.9M For Ad Misstatements

    Massachusetts Financial Services, a Bay State investment manager, agreed Friday to fork over $1.9 million to settle allegations by the U.S. Securities and Exchange Commission that it touted hypothetical returns from its blended stock research ratings without disclosing that some of their superior performance came from back-testing models.

  • August 31, 2018

    States, DC Want Feds Barred From Ending Immigrants' TPS

    A group of 18 states and Washington, D.C., urged the Northern District of California on Thursday to preliminarily bar the Trump administration from terminating the temporary protected status of more than 200,000 immigrants living in the United States, arguing the communities would be negatively affected.

  • August 31, 2018

    Massachusetts Powerhouse: Ropes & Gray

    With recent mega deals like the $18 billion purchase of Toshiba and Aegerion's $40 million settlement with the federal government, Ropes & Gray LLP — one of Boston's largest employers perched atop one of the city's tallest buildings — exudes “dominance” in a variety of ways.

  • August 31, 2018

    DraftKings Files Suit To Unmask Perps In Cyberattack

    Daily fantasy sports giant DraftKings Inc. on Thursday filed suit in Massachusetts federal court seeking to unmask and punish the parties linked to 10 IP addresses that they say carried out a cyberattack on the website, resulting in a 26-minute denial of service.

  • August 30, 2018

    Siemens Must Face At-Will Exec's Wrongful Discharge Suit

    A Massachusetts federal judge ruled Thursday that a former at-will investment executive at Siemens AG can continue to pursue the manufacturing giant for wrongful termination after he reported a perceived incident of extortion in 2017.

  • August 30, 2018

    1st Circ. Rejects Priest's $100M Bloomberg Defamation Suit

    A Greek Orthodox priest who also runs a hedge fund lost his First Circuit appeal in a $100 million defamation case against Bloomberg LP on Thursday when a panel ruled that he failed to show the news agency acted with actual malice when it reported in 2016 that he was under investigation for stock manipulation.

  • August 30, 2018

    1st Circ. Backs Toss Of RI Tribe's Bridge Construction Suit

    A First Circuit panel on Thursday backed a lower court's decision to toss a lawsuit from the Narragansett Indian tribe against the federal government and the state of Rhode Island that sought to halt construction on a Providence, Rhode Island, bridge project.

  • August 30, 2018

    DOJ Slams Harvard's Alleged Admissions Racial 'Balancing'

    The Trump administration rebuked Harvard University’s race-conscious admissions process Thursday and called its class makeup suspiciously “balanced,” inserting the executive branch into an ongoing bias suit filed by a group of rejected Asian-American applicants in Massachusetts federal court.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.

  • Get Your Mass. Brownfields Tax Credits For 5 More Years

    Ned Abelson

    With the finalization of the Massachusetts housing bond bill at the end of last month, the brownfield tax credit is now available for an additional five years to certain taxpayers who clean up qualifying sites. This article, from attorneys at Goulston & Storrs, provides a brief summary of the Massachusetts brownfields tax credit and the requirements to obtain it.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.