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  • July 6, 2018

    Mass. High Court Ruling May Alter Breach Litigation

    Upending decades of case law, a recent ruling by Massachusetts’ high court is likely to change how construction contract breaches are litigated now that contractors have been provided a path toward payment for completed work even if they’ve intentionally broken agreements, experts say.

  • July 6, 2018

    Energy Investors Seek Class Cert. In Mass. Fiduciary Case

    Wolf Popper LLP and Monteverde & Associates PC asked a Massachusetts federal judge on Friday to certify a class of shareholders and allow them to lead a suit along with Berman Tabacco claiming two brothers enriched themselves to the detriment of shareholders in the 2016 merger of energy-technology companies American DG Energy Inc. and Tecogen Inc.

  • July 6, 2018

    States, DC Seek Full 9th Circ. Redo Of Uber Union Law Fight

    Fourteen states and the District of Columbia asked the full Ninth Circuit to revisit a recent appellate decision reviving the U.S. Chamber of Commerce's challenge to a Seattle ordinance letting app-based, ride-hailing drivers bargain collectively, saying Thursday the ruling intruded on state sovereignty.

  • July 6, 2018

    Keybank Can't Escape $28M Breach Of Contract Suit

    Keybank NA will have to continue to face the bulk of a series of breach of contract claims brought by an online banking service provider that said it lost $28.5 million after Keybank reneged on two agreements, a Massachusetts federal judge ruled on Thursday.

  • July 5, 2018

    Insider-Trading Suspect Says He Lied To Friend, Not Feds

    A highly educated biostatistician on trial in Massachusetts federal court for insider trading testified Thursday that he compulsively invested in pharmaceutical stocks in the years before he joined Akebia Therapeutics Inc. in 2015, but denied that what he described as meticulously researched purchases violated securities laws.

  • July 5, 2018

    Iraq Contractors' Contempt Bid For Camera Supplier Tabled

    A Massachusetts federal judge on Thursday denied a bid by a group of technology contractors to hold in contempt a company they say cost them more than $1 million by breaching a contract to provide security cameras for the Iraqi government, concurring with the recommendations of a magistrate judge.

  • July 5, 2018

    Rockport's Ch. 11 Banker OK'd, Asset Auction Canceled

    Shoemaker The Rockport Co. LLC received retroactive approval Thursday from a Delaware bankruptcy judge to retain the services of the investment banking firm that ran its post-petition marketing process, which resulted in a stalking horse offer but no competing bids, forcing the cancellation of a planned auction.

  • July 5, 2018

    Trump Trans Military Ban Like Segregation, 9th Circ. Told

    The Trump administration’s policy blocking transgender people from military service “borrows from the same playbook” the government used to segregate the armed forces by race until 1948, the NAACP Legal Defense Fund wrote in one of nine amicus briefs filed this week in a Ninth Circuit appeal of an injunction blocking the ban.

  • July 5, 2018

    Verizon Tells 1st Circ. Unwanted-Call Suit Must Be Arbitrated

    Verizon told the First Circuit on Thursday that a Massachusetts woman suing the telecommunications company over unwanted phone calls is bound by the terms of her customer agreement to resolve her complaint through arbitration, rather than the federal court system.

  • July 4, 2018

    Law360 Reveals The Global 20 Firms Of 2018

    What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.

  • July 4, 2018

    How Smaller Firms Can Go Global Without Going Bankrupt

    Setting up shop across the globe may seem impossible for smaller law firms, but it can be done — and it's not the only way to get business overseas. Here, Law360 looks at what firms should think about when deciding whether, and how, to go global.

  • July 4, 2018

    Global Law Firms Bulk Up In Europe As Brexit Approaches

    With Britain less than a year from exiting the European Union, firms on Law360’s Global 20 have begun pushing deeper into the countries remaining in the bloc, adding offices and industry specialists in a shift that could rebalance how BigLaw works in the region.

  • July 3, 2018

    Feds Rework 'Misleading' Key Data For Insider-Trading Trial

    Federal prosecutors in Boston worked late into Monday night to rework key evidence of stock trades a judge previously found misleading, but were allowed on Tuesday to introduce the data that's central to their case against two biostatisticians on trial for securities fraud.

  • July 3, 2018

    Three Firms Guide Catalent's $140M Pharma Biz Buy

    Drug development and delivery company Catalent Inc. said on Tuesday that it has agreed to acquire Juniper Pharmaceuticals Inc. in a deal that carries an equity value of approximately $139.6 million on a fully diluted basis and was guided by Goodwin Procter LLP.

  • July 3, 2018

    Mass. Appeals Court Revives Part Of Skydiver’s Injury Suit

    A Massachusetts Appeals Court on Tuesday revived part of a suit brought by a Bay State woman who suffered two broken femurs while skydiving over Cape Cod, saying that, even though she signed a waiver, state law doesn't prevent her from suing for gross negligence.

  • July 3, 2018

    Judge Considers Bad Faith In Census Citizenship Query Row

    A Manhattan federal judge indicated Tuesday that he is unlikely to dismiss a challenge to the Trump administration's addition of a question about citizenship status to the 2020 census, and added he sees reason to suspect bad faith on the part of a Cabinet member who has given shifting explanations for the origin of the controversial policy.

  • July 3, 2018

    $3M 'Little Red Hen' Shareholder Payout OK, 1st Circ. Rules

    The First Circuit on Monday affirmed a $3 million disgorgement by the former CEO of a behavioral health company, even after agreeing with a jury that the shareholders in the case were not harmed, upholding a ruling by a Massachusetts federal judge that cited an old folk tale about a little red hen and carving out an exception to a wide-ranging state appellate decision.

  • July 3, 2018

    Boston Scientific Can't Toss 800 Pelvic Mesh Suits

    A West Virginia federal judge on Monday denied joint bids to dismiss more than 800 suits against Boston Scientific in multidistrict litigation accusing the company of making defective pelvic mesh implants.

  • July 2, 2018

    Mass. Watchdog's Private-Placement Probe To Target 10 Firms

    Massachusetts' state securities watchdog announced Monday a sweep of 10 broker-dealer firms in the state, including Santander, LPL Financial and BTS Securities, over burgeoning private placement investments.

  • July 2, 2018

    Victims Get Some Funds Back After Bridge-Loan Scam

    A federal judge in Massachusetts on Monday approved the U.S. Securities and Exchange Commission’s plan to distribute millions of dollars to investors swindled by a former Boston resident in a Ponzi scheme masquerading as a Jamaican bridge-loan provider.

Expert Analysis

  • Why Arbitration In Trucking Contractor Agreements Matters

    Robert Campobasso

    In Oliveira v. New Prime, the U.S. Supreme Court faces the question of whether a trucking company can enforce an arbitration clause in its independent contractor agreement with its driver. The repercussions of a decision limiting the binding effects of arbitration clauses would be felt throughout the trucking industry, says Robert Campobasso of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.