• February 5, 2018

    Free Speech Advocates Join Challenge To Border Searches

    Free speech advocates urged a Massachusetts federal court Friday to reject immigration authorities’ attempt to toss a suit challenging warrantless search and seizure of electronic devices at the border, arguing that such devices store vast amounts of private information that constitutes protected speech.

  • February 5, 2018

    Aaron Hernandez Brain Injury Suit Transferred To Pa. MDL

    Concussion-related claims brought against the NFL by the daughter of deceased New England Patriots tight end Aaron Hernandez were added to ongoing multidistrict litigation in Pennsylvania federal court on Monday, as the Judicial Panel for Multidistrict Litigation rejected her bid to keep the suit in Massachusetts.

  • February 5, 2018

    Ex-Aveo Exec Fights SEC Penalty, Says He's Learned Lesson

    A former Aveo Pharmaceuticals Inc. executive continued to argue in Massachusetts federal court Monday that he should not have to pay a fine or be barred from leadership positions over the Securities and Exchange Commission’s allegations that he deceived investors about Aveo's flagship kidney cancer drug, saying he had learned his lesson.

  • February 5, 2018

    1st Circ. Weighs Instructions In Insider Trading Verdict

    First Circuit judges on Monday questioned the legitimacy of a securities fraud conviction of a man who claims jurors should have been informed that evidence indicating he knew trading on his wife’s insider knowledge was illegal cannot, in itself, constitute guilt.

  • February 5, 2018

    Vertex To Pay $4.75M To End TCPA Case Over Hep C Faxes

    A Massachusetts federal judge was asked Friday to preliminarily approve Vertex Pharmaceuticals Inc.’s $4.75 million settlement to end putative class action claims the company violated the Telephone Consumer Protection Act by faxing unsolicited invitations to an event about its hepatitis C therapy.

  • February 5, 2018

    From Amazon To Foxconn, Incentives To Woo Biz Scrutinized

    Recent efforts by 20 finalist cities to entice Amazon to build its new headquarters in their community and by Wisconsin to lure Foxconn have sparked a trend of heightened awareness and scrutiny over using tax dollars to woo and keep businesses and to create jobs.

  • February 2, 2018

    New Online Portal To Streamline Mass. Data Breach Reporting

    The Massachusetts attorney general is launching a new online portal that will make it easier for businesses to comply with their obligation to timely report data breaches, and will soon roll out an electronic database that will allow state residents to quickly view information about these incidents, the state’s attorney general said Thursday.

  • February 2, 2018

    Eversource Says NH Hydropower Rejection Was Improper

    Northeastern utility provider Eversource believes a New Hampshire regulator acted improperly when it denied the company’s seven-year effort to build power lines and transmission infrastructure through the state to deliver Canadian hydropower energy to Massachusetts.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Mass. Appeals Court Upholds $16.6M VAT Claim

    The Massachusetts Appeals Court on Friday upheld a trial court decision in favor of a corporation that claimed $16.6 million in value-added tax receivables carried on the balance sheet of a subsidiary that it sold for $1.2 billion.

  • February 2, 2018

    Aveo Agrees To $18M Deal To End Cancer Drug Investor Suit

    Investors in Aveo Pharmaceuticals Inc. on Friday asked a Massachusetts federal judge for an initial sign-off on a deal worth more than $17.7 million that would resolve a class action alleging the drugmaker hid U.S. Food and Drug Administration concerns about tivozanib, Aveo’s drug candidate for treating kidney cancer.

  • February 2, 2018

    Exxon Insists It Can Bolster Climate Speech Claims

    ExxonMobil on Thursday told a New York federal judge that it should be allowed to submit additional allegations that the attorneys general of New York and Massachusetts conspired to deprive the oil giant of its free speech rights on climate change issues, claiming the prosecutors’ opposition “smacks of pure desperation.”

  • February 2, 2018

    Removal Of 50 Indonesian Christian Immigrants Put On Hold

    A Massachusetts federal judge Thursday blocked immigration officials from deporting a proposed class of 50 Indonesian Christians living in New Hampshire under a now-defunct humanitarian program, saying they’re entitled to stay in the U.S. while the government decides whether they should be deported based on their fears of torture and persecution.

  • February 1, 2018

    Wynn Settlement Kept Secret, Mass. Gaming Regulator Says

    The Massachusetts Gaming Commission has pledged to investigate Steve Wynn, the casino mogul facing allegations of serial sexual misconduct, and why a $7.5 million settlement paid to one employee after she reported him was not disclosed when his company was seeking a license for a $2.4 billion casino resort currently under construction in Everett.

  • February 1, 2018

    Gymgoers Say They're Being Cheated On 'All Access' Passes

    The parent company behind regional gyms New York Sports Clubs, Boston Sports Clubs, Washington Sports Clubs and Philadelphia Sports Clubs got hit Thursday in New York state court with a proposed class action claiming it deceives consumers by denying “all access” pass members the use of its so-called elite gyms.

  • February 1, 2018

    Boston Herald Boosts Worker Focus In Ch. 11 Sale Plan

    A bankrupt and up-for-sale Boston Herald on Thursday rejected its contract with the Communications Workers of America but secured Delaware bankruptcy court approval for a reworked sale process requiring part or all of any bid to include terms or cash that help cover displaced worker claims.

  • February 1, 2018

    Football Fights: A Year In NFL Trademark Battles

    With Super Bowl LII set to kick off in Minnesota on Sunday, here's a quick recap of the National Football League's busy year at the Trademark Trial and Appeal Board since the last "big game," featuring collegiate "Buccaneers," Las Vegas-related movie quotes and, as always, "The 12th Man."

  • February 1, 2018

    As Super Bowl Nears, Odds On Sports Betting Look Bright

    The professional sports leagues have already started to soften their stance on legalizing sports betting as the U.S. Supreme Court considers the issue, but the $4.8 billion that's estimated to be bet on Sunday's Super Bowl — nearly all of it illegally — could hasten their desire for legalization.

  • January 31, 2018

    Renal Clinics Will Pay $4M To Settle Investors' Fraud Claims

    Private equity-backed American Renal Associates Holdings Inc. on Wednesday agreed to pay $4 million to a class of shareholders who claimed in Massachusetts federal court that the dialysis clinic operator artificially inflated its stock price and misled investors by making false statements related to allegations of insurance fraud around the time of its 2016 initial public offering.

  • January 31, 2018

    AGs Critical Of Proposed Offshore Drilling Safety Changes

    A coalition of attorneys general from Massachusetts, New York, Virginia, Maine, Maryland and North Carolina objected this week to a proposal by the federal agency that oversees offshore drilling to tweak Obama-era safety regulations enacted in the wake of the Deepwater Horizon catastrophe.

Expert Analysis

  • The 10 Most Significant Insurance Coverage Decisions Of 2017

    Randy Maniloff

    For the 17th consecutive year, Randy Maniloff of White and Williams LLP takes a look at this year's most notable insurance coverage decisions, based primarily on the cases' potential to influence other courts nationally, and discusses the potential impacts of these important cases.

  • SEC's F-Squared Trial Win Offers A Cautionary Tale

    Ian Roffman

    After more than three years of litigation and a four-week trial, a federal court in Boston is expected to enter final judgment for the U.S. Securities and Exchange Commission in its high-profile case against F-Squared founder Howard Present. As the dust begins to settle, there are some lessons to be learned from the saga, says Ian Roffman of Nutter McClennen and Fish LLP.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Telehealth In 2017: What Changed And What's Ahead

    Kristi Kung

    As the U.S. shifts from a fee-for-service to a value-based health care system, telemedicine is viewed by many as the solution for achieving access to care and cost-efficiency. Kristi Kung and Matthew Shatzkes of Sheppard Mullin Richter & Hampton LLP look back on some of the telemedicine-related legal and regulatory changes that occurred in 2017 and discuss potential areas of interest in 2018.

  • How Not To File A Successful Rule 29 Motion

    Daniel Wenner

    A defendant in a federal prosecution who argues that he or she did what the government says, but that the actions weren't a crime, may then be able to pursue a motion under Federal Rule of Criminal Procedure 29. But a recent case in the First Circuit underscores the difficulty of this strategy, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.