• October 4, 2017

    Rosenstein Says Working With DOJ Can Benefit Tech Cos.

    Deputy Attorney General Rod Rosenstein told an audience of tech executives gathered in Boston on Wednesday that the U.S. Department of Justice is poised to help them root out abuse and criminal activity, despite its concerns about their increasing use of encryption.

  • October 4, 2017

    'No Time To Wait' On Criminal Reforms, Boston Attys Say

    The Boston Bar Association on Wednesday made six criminal justice recommendations for the commonwealth of Massachusetts, including repealing mandatory minimums, changing the cash bail system so people don’t have to wait in jail, and reforming the criminal records law that holds people back from getting jobs.

  • October 4, 2017

    1st Circ. Nixes Suit On Ex-Husband's Use Of FBI Surveillance

    The First Circuit on Tuesday declined to revive a lawsuit in which the ex-wife of an FBI agent accused the federal government of negligently supervising his use of the bureau's surveillance equipment, which she said he used to keep track of her during their marriage.

  • October 4, 2017

    Business Groups Sue Over Mass. Millionaires Tax

    A group of Massachusetts business and fiscal policy leaders filed a complaint Tuesday challenging an initiative petition to amend the state constitution to impose a 4 percent surtax on all incomes over $1 million.

  • October 4, 2017

    Cosby Accuser Asks 1st Circ. To Revive Defamation Suit

    A woman who says Bill Cosby raped her asked the First Circuit Wednesday to revive her defamation suit against the disgraced entertainer, arguing that Cosby had essentially called her a liar and a criminal when pushing back against her accusations.

  • October 4, 2017

    A Guide To Marijuana Legalization In Massachusetts

    Massachusetts residents in November voted to legalize recreational marijuana in the state, and since then attorneys have been keeping an eye on how to have retail businesses ready to run when license applications open next spring.

  • October 4, 2017

    Toshiba Stands By Ability To Close $17.8B Memory Biz Sale

    Toshiba reiterated Tuesday that the planned $17.8 billion sale of its memory business to a consortium led by Boston-based Bain Capital will go ahead as planned, saying the blockbuster deal will close in spite of protests and litigation from joint venture partner Western Digital.

  • October 3, 2017

    1st Circ. Backs Juror Misconduct Probe, Affirms Conviction

    A First Circuit panel Tuesday found that a lower court hadn’t mishandled its inquiry into a claim of juror misconduct raised by a man convicted by a Boston federal jury of using his school admissions consulting business to embezzle more than $650,000, affirming his conviction.

  • October 3, 2017

    Hundreds Of Mass. Hospital's Nurses Stage 1-Day Strike

    Nearly 800 unionized registered nurses working at Berkshire Medical Center in Pittsfield, Massachusetts, participated in a 24-hour strike that began Tuesday morning, a few days after a federal judge shot down the hospital’s bid to stop the strike over stalled contract negotiations from taking place.

  • October 3, 2017

    Keryx Seeks To Scrap Shareholder Stock-Drop Suit

    Keryx Biopharmaceuticals Inc. argued Monday that it shouldn’t have to face a shareholder class action over alleged problems with a drug supply chain that resulted in a decline in stock value, claiming in a Massachusetts federal court filing that the shareholders failed to recognize the need for a different contractor for each production phase. 

  • October 3, 2017

    Covidien Can't Stop Ethicon's Surgical Device Sales

    A federal judge in Massachusetts on Monday rejected Covidien’s attempt to halt competitor Ethicon Endo-Surgery’s sales of a surgical device amid a patent dispute.

  • October 3, 2017

    FDA Warning Wire: No Love For Playful Granola Labels

    A granola maker’s labeling improperly described “love” as an ingredient, a South Korean drugmaker didn’t test for the presence of lethal contaminants implicated in past tragedies, and several Indian drugmakers failed inspections, according to newly released U.S. Food and Drug Administration documents.

  • October 3, 2017

    MassHousing GC Shifting To Taxable Loans Amid Low Rates

    While tax-exempt bonds have historically been a financing staple for affordable housing, funders in the field have had to shift their strategy as low interest rates on taxable bonds since the economic downturn have made their tax-exempt counterparts less attractive, MassHousing’s General Counsel Beth Elliott told Law360 in a recent wide-ranging interview.

  • October 3, 2017

    Zac Brown, Live Nation Settle With Woman In Injury Suit

    Country singer Zac Brown has reached an undisclosed settlement with a blind woman who claimed she was injured when fans rushed the disabled section of a concert in an effort to shake the celebrity’s hand, a Massachusetts federal judge said Tuesday.

  • October 3, 2017

    J&J, DePuy Ask 1st Circ. For Stay To Appeal FCA Ruling

    Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. urged the First Circuit Monday to delay implementing its decision to keep alive a False Claims Act suit over allegedly faulty hip replacement devices while the companies appeal to the Supreme Court.

  • October 3, 2017

    Fraudster Wants Verdict Nixed Over Prosecutor’s Closing

    A Massachusetts federal prosecutor’s fiery closing argument that assailed an alleged government contracts scammer’s inability to “stand in front of” a jury robbed that man of his right to a fair trial and warrants tossing his convictions, the man told the First Circuit on Tuesday.

  • October 2, 2017

    1st Circ. Grills Uber Over ‘Suspicious’ Fine Print

    Uber Technologies Inc. got an earful Monday from two federal appellate judges who questioned the ride-hailing company about whether it hoodwinked its riders into agreeing to give up the right to sue in court over hidden fees.

  • October 2, 2017

    Ex-Mass. RMV Clerks To Plead Guilty Over Fake ID Scheme

    Four ex-Massachusetts Registry of Motor Vehicles clerks and a co-conspirator have agreed to plead guilty in connection to allegations that they participated in a scheme to produce fake identification documents for undocumented immigrants, the U.S. District Attorney’s Office for the District of Massachusetts announced Monday.

  • October 2, 2017

    PharMerica Looks To Duck Last Claims In Kickback Suit

    PharMerica Corp. urged a Massachusetts federal court on Friday to nix the three remaining claims asserted against it by whistleblowers who have alleged the pharmacy company took kickbacks from drugmaker Organon for prescribing an antidepressant drug.

  • October 2, 2017

    Bain Eyes $1.35B Takeover Of Japanese Ad Firm Asatsu-DK

    Bain Capital Private Equity LP is looking to take Asatsu-DK Inc., Japan’s No. 3 advertising agency, private for 152 billion yen ($1.35 billion), marking the Boston-based private equity firm’s latest play in the country, according to a Monday statement.

Expert Analysis

  • Insurers Must Be Wary Of The Other Kind Of Ambiguity

    Elizabeth Yoder

    Insurers would be well-served to draft insurance applications with the same expectations that exist when drafting policies. At some point efforts may be made to ascribe more than one meaning to the questions, and courts have shown that they are willing to side with insureds in such cases, say Randy Maniloff and Elizabeth Yoder of White and Williams LLP.

  • Comparing Real Estate Restrictions In 2 Great Cities

    Lawrence DiCara

    Boston is famously restrictive with respect to real estate development, but it is a free market paradise compared to San Francisco, where Proposition M strictly caps the annual construction of new office buildings. Proposition M has had many undesirable and unintended consequences, and it may be time to remove these limitations, say attorneys with Nixon Peabody LLP.

  • And Now A Word From The Panel: Who Wants To Be An MDL?


    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • Federal Energy Procurement Programs Remain Attractive

    Taite McDonald

    The Trump administration's actions sometimes seem to favor fossil fuels at the expense of clean and innovative energy solutions. But federal energy procurement programs clearly continue to promote an integration of the two. The market for renewable energy at military and other government installations will likely continue to grow, say Taite McDonald and Stephen Bolotin of Holland & Knight LLP.

  • Shareholders Want More Climate Change Risk Disclosure

    Jane Montgomery

    Shareholders recently voted for more disclosure of future climate change impact on ExxonMobil's business outlook. This raises two questions, say Jane Montgomery and David Loring of Schiff Hardin LLP: What climate risks do investors want to know about? And how can a business disclose them?

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • Monthly Column

    Congressional Forecast: July

    Richard Hertling

    July is looking increasingly important to the Republican agenda. And Democrats are likely to double down on their heretofore unwavering opposition, especially in the Senate, to that agenda in the hope of sending Republicans home without any significant accomplishments — aside from the confirmation of Justice Neil Gorsuch — for the August recess, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Series

    FERC At 40: A Look Back And Ahead

    Daniel Hagan

    Forty years ago, the Federal Energy Regulatory Commission was created as the successor to the Federal Power Commission. Daniel Hagan and Jane Rueger of White & Case LLP review how FERC has dealt with historic changes in the natural gas and electric power markets over the last four decades, and consider the evolving energy landscape the commission will face in coming years.