Massachusetts

  • March 26, 2018

    Sessions Asks Justices To Uphold Immigrant's Removal Order

    U.S. Attorney General Jeff Sessions urged the U.S. Supreme Court Monday to affirm the First Circuit’s denial of the appeal of a Brazilian native seeking the resolution of a circuit split surrounding the implementation of the so-called stop-time rule, saying the Board of Immigration Appeals correctly interpreted the rule.

  • March 26, 2018

    High Court Skips Yahoo Case Over Email Privacy After Death

    The U.S. Supreme Court on Monday declined to weigh in on a ruling from Massachusetts' top court that allowed a pair of siblings to request unfettered access to their deceased brother’s emails from Yahoo Inc.

  • March 26, 2018

    6 Companies Fill IPO Pipeline With Filings Totaling $656M

    Six companies, including Dell Technologies Inc. subsidiary Pivotal Software Inc., filed initial public offerings totaling a preliminary estimate of $656 million on Friday and Monday, adding to a swelling IPO pipeline.

  • March 26, 2018

    Investment Arbitration Issues Must Be Tackled, Speakers Say

    The current ad hoc investment arbitration system provides an important dispute resolution mechanism for international businesses, but acknowledging and addressing its shortcomings is imperative to its survival, speakers said during a conference at Harvard Law School on Saturday.

  • March 26, 2018

    Transit Union Prez Says TV Interview Cost Him His Job

    A longtime Bay State bus driver and transit union president sued his former employer, the Worcester Regional Transit Authority, Monday in Massachusetts federal court, saying he was fired for talking to a TV station about possible service cuts.

  • March 26, 2018

    CVS, Walgreens, Rite Aid Settle Impax Pay-For-Delay Suit

    Amid a monthlong trial in Massachusetts federal court, Impax Laboratories Inc. reached a settlement with CVS, Walgreens, Rite Aid and others that cuts the retailers out of a group accusing it of agreeing to delay launching a generic version of an acne medication, according to a judge’s order of dismissal filed Monday.

  • March 23, 2018

    1st Circ. Rejects CVS Workers' ERISA Claims As Hindsight

    The First Circuit refused Friday to revive a suit by investors in a CVS Health Corp. employee benefit fund alleging the asset managers’ choices were too conservative, ruling their contentions about the fund’s handling were based on hindsight knowledge of what happened in the markets.

  • March 23, 2018

    Harvard Prof Denied Tenure Loses Gender-Bias Suit

    Despite recognizing evidence of gender bias at Harvard University, a federal judge ruled in an order unsealed Friday that a former associate anthropology professor failed to prove the Ivy League school denied her application for tenure in 2013 because she was a woman or in retaliation for her advocacy of sexual assault victims.

  • March 23, 2018

    Feds Say Phone Ban Necessary To Stop Serial Robo-Caller

    The Federal Trade Commission said Friday that an alleged repeat robo-caller who has expanded to unauthorized credit inquiries since his last sanction will only desist if a Massachusetts judge bans the businessman and his company from telemarketing altogether.

  • March 23, 2018

    Nurses Back AG On Staffing Question At Mass. High Court

    The Massachusetts Nurses Association on Thursday backed state Attorney General Maura Healey’s bid before the state’s high court supporting a proposed ballot question on whether hospitals can reduce staffing to meet certain patient ratios, which a group of taxpayers think is too confusing for voters.

  • March 23, 2018

    State AGs Say Consumers Better Off Without Data Breach Bill

    The attorneys general of 31 states have urged House lawmakers to scrap a federal data breach notification bill meant to streamline nationwide reporting requirements for businesses, arguing that it lets companies avoid disclosing hacks unless consumers are also the victim of a crime.

  • March 23, 2018

    Doc Lands 8 Years, Owes $9M For Shady Medicare Billing

    A Massachusetts doctor who pled guilty last year to defrauding Medicare and other insurers at his pain management practice to fund a cushy lifestyle was sentenced Thursday to eight years in prison and ordered to pay nearly $9 million in restitution, U.S. Department of Justice officials said.

  • March 23, 2018

    Dem AGs Urge 6th Circ. To Back Coal Ash Disposal Ruling

    Four Democratic attorneys general on Thursday urged the Sixth Circuit to uphold a lower court's ruling ordering the Tennessee Valley Authority to move coal ash waste to a lined impoundment area, arguing that a reversal could encourage polluters to skirt Clean Water Act discharge regulations.

  • March 23, 2018

    Ex-Linklaters Atty's Husband Deserves Prison, DOJ Says

    A Massachusetts Institute of Technology quantum computing whiz who traded on information he gleaned from his wife, a former Linklaters LLP associate, deserves prison for brazen insider trading, prosecutors told a Manhattan federal judge Friday.

  • March 23, 2018

    Legally Blind Mass. Resident's ADA Website Suit Can Proceed

    A Massachusetts federal judge on Thursday said a legally blind Bay State resident has standing to bring suit under the Americans with Disabilities Act against a Seattle-based sportswear company over claims its website is not accessible for the visually impaired.

  • March 22, 2018

    Witness Issues Won't Delay Mass. Boeing Airplane Hole Trial

    Boeing Co. will face a trial next month in Massachusetts federal court for a long-running suit brought by six passengers who say they suffered serious injuries after a two-foot hole opened up at 32,000 feet on a 2010 flight from Miami, but on Thursday the two sides still had unresolved issues over witnesses.

  • March 22, 2018

    Creditor Loses Bid For Nearly $4M Of BioChemics-SEC Deal

    A Florida private equity firm cannot take priority over the U.S. Securities and Exchange Commission to recover nearly $4 million it was owed by a cash-strapped company being turned over to the government to satisfy a court judgment, a federal judge in Boston ruled from the bench Thursday.

  • March 22, 2018

    Boston City Hall Aides See Extortion Case Thrown Out

    A Massachusetts federal judge on Thursday dismissed the case against two Boston City Hall aides accused of pressuring a music festival into hiring unneeded union labor, saying prosecutors could not meet the court’s standard to prove extortion.

  • March 22, 2018

    FTC Sues Security Co. Again Over Do-Not-Call List Violations

    The Federal Trade Commission accused a home security systems company of calling numbers on the National Do Not Call Registry and collecting credit scores in violation of an April 2014 court order, which settled similar allegations in a separate suit by the government, on Thursday in Massachusetts federal court.

  • March 22, 2018

    Shire Wins Adderall Suit While Loser Gets Sanction Request

    Shire PLC prevailed on patent claims Thursday over a small pharmaceutical company that withheld data until midtrial showing how closely its generic product resembled hit hyperactivity treatment Adderall XR, misconduct that led a Massachusetts federal judge to take the unusual action of asking regulators to sanction the company.

Expert Analysis

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • How The Climate Changed For Renewables In 2017

    Brook Detterman

    2017 ended, as it began, with much uncertainty for renewable energy, as the Trump administration continued to move against the Clean Power Plan. But key renewable energy objectives advanced at the state level, and tax reform left the production tax credit for wind energy and the investment tax credit for solar developers intact, says Brook Detterman of Beveridge & Diamond PC.