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Massachusetts

  • October 18, 2018

    Zinke Touts New Moves On Offshore Wind Development

    The U.S. Department of the Interior will hold an offshore wind auction off the Massachusetts coast in December and is developing a first-ever Pacific offshore wind auction in California, Secretary of the Interior Ryan Zinke said Wednesday.

  • October 18, 2018

    Wachtell, Simpson Lead $5.7B Invesco-MassMutual Deal

    Wachtell Lipton Rosen & Katz-led Invesco Ltd. will acquire Massachusetts Mutual Life Insurance Co.’s asset management unit OppenheimerFunds in a $5.7 billion deal that will see Simpson Thacher & Bartlett LLP-led MassMutual become the Atlanta-based investment firm’s largest shareholder, the companies said in a statement Thursday.

  • October 18, 2018

    Glassdoor Gets Beer Vendor's Bad Review Suit Dismissed

    A Massachusetts federal judge has dismissed a beer vendor's suit against Glassdoor Inc. alleging the website was liable for "trolling" reviews against one of its employees, ruling that Glassdoor is protected by federal law because it didn't create the reviews.

  • October 18, 2018

    Necco Trustee Says Director Suit Should Stay In Fed. Court

    The Chapter 11 trustee of bankrupt candy maker New England Confectionery Co. Inc. told a Massachusetts federal judge Thursday that his suit accusing the debtor’s directors and officers of prepetition breaches of fiduciary duty shouldn’t be moved to bankruptcy court because it isn’t a core proceeding to the Chapter 11 case.

  • October 18, 2018

    Harvard Officials Testify They Don't Use Racial Quotas

    An applicant's race can factor into admission to Harvard University, but the Ivy League school has never used "quotas" or "floors" in its bid to achieve a diverse campus, admissions officials testified Thursday on the fourth day of a bench trial in a case accusing the school of discriminating against Asian-Americans.

  • October 18, 2018

    Fidelity's Foray Into Bitcoin Likely To Boost Crypto Appeal

    Fidelity Investments’ plans to form a stand-alone company that will enable hedge funds and other professional investors to store and trade cryptocurrencies like bitcoin could potentially pave the way for more institutional investment into the fledgling asset class.

  • October 18, 2018

    Settlement Up To $41M Approved In Aviva Annuity Suit

    A Massachusetts federal judge approved a class action settlement Thursday guaranteeing the annuities of 5,000 Aviva PLC customers at a value of up to $41 million, though he raised questions about the lead counsel's request for over $4 million in attorneys' fees.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Admitted Fraudster Faces Arrest After Multiple No-Shows

    A Massachusetts judge said Thursday she had no choice but to issue an arrest warrant for a Florida man who missed his repeatedly rescheduled sentencing hearing on his role in a $1.6 million pump-and-dump scheme after being admitted to the hospital, noting his multiple last-minute no-shows and poor communication with probation.

  • October 17, 2018

    Sen. Warren Demands Toys R Us Pay Worker Severance

    U.S. Sen. Elizabeth Warren is urging five hedge funds who hold Toys R Us debt to answer questions about their role in the liquidation of the toy retailer and contribute to a fund to provide severance pay for the chain's 30,000 former employees.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Mass. MD Says FCA Case Over Surgeries Should Advance

    A former anesthesiologist at Massachusetts General Hospital defended her second shot at a False Claims Act suit Tuesday, saying a federal court should hear the case because she has now provided evidence to show the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room.

  • October 17, 2018

    NFL Says Hernandez's Family Can't Remand Concussion Case

    Counsel for Aaron Hernandez’s daughter and the NFL traded barbs Tuesday over whether her suit — which alleges the league contributed to the debilitating brain damage that led to her father’s violent death by lying about the dangers of concussions for decades — belongs in Pennsylvania federal court or Massachusetts state court.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Fund Manager Cops To Stealing Millions From Friends, Family

    A 70-year-old man admitted he stole millions from friends and family, among others, by taking money he was supposed to invest on their behalf and using it to travel, buy fancy cars and pay off his son’s mortgage, pleading guilty to a 10-count indictment Wednesday afternoon in Massachusetts federal court.

  • October 17, 2018

    Ex-State Street Exec Promises Precedent-Setting Appeal

    After being sentenced to 18 months in prison, a former State Street Corp. executive who was convicted of stealing millions from international clients asked a Massachusetts federal judge Wednesday for his freedom pending an appeal that he promises will include multiple issues that have not yet been addressed by the First Circuit.

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    1st Circ. Revives Putnam Investments ERISA Class Action

    The First Circuit on Monday gave a group of Putnam Investments LLC workers another shot at proving their employer shortchanged them by packing their 401(k) plan with company-owned mutual funds without considering other options, ordering a Massachusetts federal judge to take another look at the allegations at a trial.

  • October 16, 2018

    Cardiac Monitoring Patent Invalid Under Alice, Judge Rules

    A Massachusetts federal judge on Tuesday ruled that a CardioNet LLC cardiac monitor patent asserted against rival InfoBionic Inc. is invalid under the U.S. Supreme Court's Alice decision because it claims only the abstract idea of identifying heart arrhythmia by analyzing heartbeats.

  • October 16, 2018

    Investors Sue Keryx Over $1.3B Merger With Akebia

    Keryx Biopharmaceuticals Inc. misled investors about the company's financial future in documents related to its $1.3 billion acquisition by Akebia Therapeutics Inc., shareholders alleged in a proposed securities class action filed in Delaware federal court on Tuesday.

Expert Analysis

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.