Massachusetts

  • January 29, 2018

    CPA Charged With Aiding Ex-Mass. Lawmaker's Tax Fraud

    A Massachusetts accountant charged with helping a state senator file false tax returns could spend five years in prison if convicted, the U.S. Department of Justice announced Monday.

  • January 29, 2018

    Novartis Blasts Attempt To Revive Pay-For-Delay Suit

    Novartis Pharmaceuticals Corp. on Friday urged the First Circuit to nix allegations it used a sham litigation to extend its monopoly over the leukemia drug Gleevec, saying a lower court correctly found a group of buyers had not shown the company’s efforts to enforce the patent at issue were baseless.

  • January 26, 2018

    1st Circ. Says Homophobic Slurs Back Gender-Based Claim

    Woman-hating attacks that were often homophobic amounted to gender discrimination for one tormented fire lieutenant forced out of her department, the First Circuit has ruled in a decision loosely tying sexual orientation to sex discrimination under the Civil Rights Act.

  • January 26, 2018

    Abercrombie Shells Out $25M To End Worker Clothing Suits

    Abercrombie & Fitch Co. agreed to pay $25 million to settle claims by nearly a quarter of a million employees in California, Florida, New York and Massachusetts alleging the retailer forced hourly workers to buy the clothes they were being paid to sell, according to a proposal filed Friday.

  • January 26, 2018

    Boston Herald Unions Fight To Keep CBAs Ahead Of Sale

    Four unions representing various employees at the bankrupt Boston Herald have objected to the debtor's bid to kill their collective bargaining agreements ahead of a two-bidder sale process in Delaware bankruptcy court, calling the request one-sided, unfair and premature.

  • January 26, 2018

    Health Hires: Frost Brown, EBG, McDermott, Dykema Cox

    Frost Brown Todd LLC, McDermott Will & Emery LLP, Epstein Becker Green, Dykema Cox Smith and Michelman & Robinson LLP have all expanded their health care and life sciences capabilities with attorneys coming from major insurers, medical device companies, BigLaw and elsewhere.

  • January 26, 2018

    Exec Who Did In Aegis Fund Gets 3 Years, Must Pay $15M

    A woman who copped to fraud charges for her role in a scheme that brought down Aegis Capital Fund LLC was sentenced to three years in prison and ordered to pay $15.6 million in restitution by a Brooklyn federal judge Thursday.

  • January 26, 2018

    Taxation With Representation: Weil, Proskauer, Debevoise

    In this week's Taxation With Representation, Sanofi snapped up Bioverativ for $11.6 billion, Celgene bought Juno for $9 billion, and AIG acquired Validus for $5.56 billion.

  • January 26, 2018

    CBRE Director Sees 'Frantic Rush' As Biotech Space Evolves

    Biotech firms have historically operated out of large suburban campuses, but as companies now need massive amounts of space in urban biotech hubs, real estate investors and developers are closely watching the sector, which comes with a unique set of advantages and challenges, CBRE Director of Research and Analysis Ian Anderson told Law360 in a recent interview.

  • January 25, 2018

    Medicis Falls Short In Bid To Escape Pay-For-Delay Suit

    A Massachusetts federal judge on Thursday shot down acne-drug maker Medicis' attempt to escape allegations it participated in a pay-for-delay scheme to keep competing generics out of the market, saying a jury must decide numerous disputes of fact in the case.

  • January 25, 2018

    Mass. Commission Rethinks Narrowing Workers' Health Plans

    The commission that administers health insurance for Massachusetts employees and retirees, as well as their dependents and survivors, announced on Thursday that it plans to rethink a recent decision to scale back health plan offerings.

  • January 25, 2018

    $1.6B Hydro Power Line Wins Mass. Clean Energy Contract

    Massachusetts on Thursday awarded a massive clean energy power purchase agreement to a proposed $1.6 billion transmission line crossing the U.S.-Canada border that would move hydroelectric power from Quebec to New Hampshire, but opponents are crying foul over the influence of New England utility giant and project co-owner Eversource Energy.

  • January 25, 2018

    Asacol Antitrust Trial Delayed To Let Allergan Appeal Class

    The First Circuit on Thursday granted an indefinite delay of an antitrust trial slated to start next week, allowing Allergan PLC to appeal the certification of a class of unions and grocers who claim the company and a subsidiary manipulated the market with a monopolistic hard switch of available anti-inflammatory drugs.

  • January 25, 2018

    EPA Didn't Flout Stormwater Permit Duties, 1st Circ. Says

    The First Circuit on Wednesday affirmed the dismissal of conservationists’ consolidated suits against the U.S. Environmental Protection Agency accusing it of skirting its obligation to inform stormwater dischargers in two New England states that they must apply for permits, saying the agency had no such obligation.

  • January 25, 2018

    Forest Beats Bid For More Docs In Celexa, Lexapro MDL

    Forest Laboratories Inc. can’t be forced to hand over more documents tied to a clinical study into antidepressants and children in a suit by parents and a health fund accusing the company of fraudulently promoting Celexa and Lexapro for pediatric depression, a Massachusetts federal judge ruled Tuesday.

  • January 24, 2018

    Feds Push To Expand FCA Billing Suit Against Fresenius

    Prosecutors on Wednesday asked a federal judge to side with a magistrate judge and let them add more claims to a whistleblower’s allegation that Fresenius Medical Care Holdings Inc. violated the False Claims Act by billing Medicare for unnecessary hepatitis B tests.

  • January 24, 2018

    State Efforts To Rein In Financial Firms Face Roadblock

    With state attorneys general and banking regulators planning to step up their consumer protection efforts if the Trump administration pulls back on enforcement, a recent government filing in Massachusetts has consumer advocates worried the administration will attempt to stand in states' way.

  • January 24, 2018

    Mass. Says 9th Circ. Hyundai Ruling Backs Nixing Rifle Deal

    The state of Massachusetts urged the Eighth Circuit on Wednesday to nix Remington Arms Co.’s class action settlement that would end allegations its guns have defective rifle trigger mechanisms, arguing that the Ninth Circuit’s recent decision to undo a $200 million Hyundai and Kia class action deal supports a reversal.

  • January 24, 2018

    Mass.' New US Atty Keeps Heat On Pharma Donations

    Massachusetts’ new top federal prosecutor said Wednesday he plans to continue a crackdown on pharmaceutical and biotechnology companies accused of shelling out cash to patient-assistance charities on the condition that the donations be funneled only to patients who buy the donor's products.

  • January 24, 2018

    Amazon To Give Massachusetts 3rd-Party Seller Tax Data

    Online retail giant Amazon is telling its third-party fulfillment center vendors in Massachusetts that it will hand over their tax information to the Massachusetts Department of Revenue by Friday.

Expert Analysis

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • Simple Steps Can Help Cos. Avoid Costly FMLA Verdicts

    Vanessa Kelly

    In Boadi v. Center for Human Development, a jury recently awarded the company's former employee four years of back pay and benefits, and the Massachusetts federal court awarded additional liquidated damages, doubling the jury’s damages award. The employer may have avoided all of this if it had trained its management staff on the requirements of the Family and Medical Leave Act, says Vanessa Kelly of Clark Hill PLC.

  • Proving Ratification Of A Supervisor's Retaliatory Motive

    John Calhoun

    When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations? Recently, the First Circuit, in Saunders v. Town of Hull, offered much-needed clarification about when a government entity runs afoul of the law in this way, says John Calhoun of Choate Hall & Stewart LLP.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.