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  • June 29, 2018

    Mass. Developer Settles SEC’s Suit Over $1.5M False Ad

    A Massachusetts real estate developer agreed Friday to pay a relatively small fine and escape any admission of wrongdoing after the U.S. Securities and Exchange Commission sued him for lying to wealthy investors about his legitimacy.

  • June 29, 2018

    Warren, Booker Worry Wage-Sharing Rule Hurting Workers

    Democratic Sens. Cory Booker and Elizabeth Warren on Thursday urged the U.S. Department of Justice and the Federal Trade Commission to rethink their “safety zone” for allowing employers to share detailed wage information without violating antitrust laws.

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

  • June 29, 2018

    Harvard Gets Quick Win In Alleged Abuse Victim's Bias Suit

    A Massachusetts federal judge on Friday allowed Harvard a quick win in a gender discrimination suit filed by a former student who said the university was indifferent to her claims of sexual abuse, harassment and retaliation after she reported the alleged abuse more than three years ago.

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 29, 2018

    State Street Fraud Case Firms Punch Back At Special Master

    After a special master appointed to investigate double billing in a $300 million State Street fraud settlement recommended Labaton Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP return up to $10.6 million of $75 million in attorneys' fees, the firms vigorously punched back in Massachusetts federal court on Thursday and Friday.

  • June 29, 2018

    Taxation With Representation: Jones Day, Pillsbury, Wachtell

    In this week’s Taxation with Representation, Conagra bought Pinnacle Foods for $10.9 billion, Synnex and Convergys merged in a $2.4 billion deal, Sirius and Easterly Acquisition combined to create a $2.2 billion public company, and Lime Rock closed a $1.9 billion acquisition fund.

  • June 28, 2018

    Libel Shield Debate Stalls Boston Herald Ch. 11 Plan In Del.

    A Delaware bankruptcy judge delayed a Chapter 11 plan confirmation decision for remnants of the Boston Herald's estate Thursday, after balking at a proposal for sweeping, nonconsensual third party releases shielding former reporters and other content creators from defamation claims.

  • June 28, 2018

    Ex-Morgan Stanley Adviser Gets 20 Months For $500K Theft

    One of two Morgan Stanley investment advisers who were fired after the company discovered they had siphoned about $500,000 from the retirement accounts of two clients was sentenced on Thursday to less than two years in prison.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    Mass. Gov. Signs Family Leave, Minimum Wage Bill

    Republican Massachusetts Gov. Charlie Baker on Thursday signed legislation that will gradually raise the state’s minimum wage, implement a family and medical leave policy and make a sales tax holiday permanent, according to his office.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    Northeast Fertility Center Says Competitor Copied IVF Brand

    A national group of pregnancy centers was summoned to Massachusetts federal court on Thursday to answer a lawsuit from a competitor in the Northeast accusing it of infringing on a trademark brand of financial services that help women and their partners pay for in vitro fertilization, or IVF.

  • June 28, 2018

    Firms In State Street Row Should Cut $10.6M In Fees: Report

    A former federal judge serving as special master in a billing dispute following a $300 million State Street fraud settlement recommended that three law firms, Labaton Sucharow LLP, Thornton Law Firm LLP and Lieff Cabraser Heimann & Bernstein LLP, return up to $10.6 million of $75 million in attorneys' fees in a report unsealed Thursday in Massachusetts federal court.

  • June 28, 2018

    PE-Backed BJ's Wholesale Club Leads 7 IPOs Totaling $1.7B

    Private equity-backed retailer BJ’s Wholesale Club Holdings Inc. returned to public markets on Thursday after raising $638 million in an initial public offering, advised by Latham & Watkins LLP, representing the largest in a flurry of seven new IPOs that raised more than $1.7 billion combined.

  • June 28, 2018

    GE Retirement Plan Participants Defend Suit's Legitimacy

    A putative class of General Electric Co. retirement plan participants blasted the company's attempt to spike their suit, which alleges they lost millions when GE invested their savings in subpar company-managed funds, telling a Massachusetts federal judge Wednesday they can prove the funds underperformed and GE engaged in self-dealing.

  • June 28, 2018

    FanDuel Tells Ind. Justices Fantasy Sports Are 'Newsworthy'

    DraftKings and FanDuel faced off Thursday against college athletes suing the fantasy sports platforms for using their names and statistical information without permission, with both sides duking it out before the Indiana Supreme Court to determine whether fantasy sports fall within a newsworthiness exception to the Hoosier State’s right of publicity law.

  • June 28, 2018

    Morgan Lewis Guides Lime Rock's $1.9B Acquisition Fund

    Energy-focused private equity firm Lime Rock Partners said on Thursday that it has closed a $1.9 billion acquisition fund that was steered by Morgan Lewis & Bockius LLP.

  • June 28, 2018

    Vinson & Elkins, Akin Gump Guide $350M Solar Portfolio Buy

    An entity managed by Goldman Sachs Asset Management LP said Thursday that it has agreed to acquire a portfolio of solar energy projects from a subsidiary of New Jersey-based South Jersey Industries Inc. for approximately $350 million, in a deal that was guided by Vinson & Elkins LLP and Akin Gump Strauss Hauer & Feld LLP.

  • June 28, 2018

    Latham Guides Bain Capital’s Deal For Chemical Co. Italmatch

    Bain Capital LP's private equity arm on Thursday said it will take over European chemical company Italmatch Chemicals SpA through a deal with French investment firm Ardian, with Latham & Watkins LLP guiding the buyer.

Expert Analysis

  • Pay Attention To The Law And The Science Of Cannabidiol

    Brett Taylor

    Many health claims have been made for cannabidiol, a substance derived from the cannabis plant. But producers and retailers of cannabidiol should understand that, while it may be permitted under some state laws, it remains illegal under federal law. They must also avoid claims of benefits that are unsubstantiated, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Series

    State Tax After TCJA: Treatment Of International Income

    Jeffrey Friedman

    The Tax Cuts and Jobs Act made sweeping changes to the Internal Revenue Code. Its international tax provisions — including the transition tax, the foreign-source dividends received deduction, the tax on global intangible low-taxed income and others — have far-reaching implications for state tax systems that broadly conform to the IRC, and present significant compliance burdens for taxpayers, say attorneys with Eversheds Sutherland LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • How To Withdraw From Representation Ethically In Mass.

    Christopher Blazejewski

    The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has appeared in court for a client: Withdrawing from a case is not as easy as appearing in one. The attorney withdrawal process in Massachusetts follows similar principles as other jurisdictions, though certain details vary, say Christopher Blazejewski and Jessica Kelly of Sherin & Lodgen LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.