The full First Circuit will not revisit a panel’s decision from May that a Guatemalan who re-entered the United States after being deported could not apply for asylum because of a reinstated removal order, though two judges Monday dissented from the majority’s decision not to rehear the case.
Massachusetts federal prosecutors are pursuing novel and complex white collar criminal cases against individuals ranging from pharmaceutical executives and pharmacists to a former State Street vice president and even Boston city officials, which experts say are worth watching for practitioners in the commonwealth and beyond.
Boston-based Burns & Levinson LLP has added a cybersecurity and data privacy attorney from DLA Piper to its intellectual property group, the firm said recently, noting he’s the fifth IP partner to join the firm in four months.
A Massachusetts federal judge on Monday rejected Bank of New York Mellon’s request to cut a potential class representative who accuses the bank of investing trust assets irresponsibly and charging unauthorized tax preparation fees, saying Ashby Henderson knows enough about the case.
A fishing industry giant known as the “Codfather” was sentenced to nearly four years in prison Monday after admitting an extensive scheme to falsify fish records, evade taxes and fishing quotas and smuggle the profits to Portugal.
Massachusetts Attorney General Maura Healey on Monday backed state legislation meant to boost data breach protections, which would allow consumers to initiate and lift credit freezes for free and expand their access to free credit reports if their data is stolen.
Sixteen states declined Monday to intervene in a whistleblower False Claims Act suit accusing a Florida compounding pharmacy of charging Tricare, Medicare and Medicaid excessively high rates for certain compounded drugs, after the federal government previously intervened in the suit.
First Circuit Judge Juan Torruella has had to watch the devastation of Puerto Rico from more than 1,500 miles away, receiving sporadic news about his home, his chambers and his loved ones after a hurricane plunged the island, and its court system, into darkness and devastation.
Data center company Switch Inc. launched an estimated $469 million initial public offering on Monday that could rank among the largest technology IPOs this year, one of two companies to set terms on IPOs expected to raise about $569 million combined.
Massachusetts lawmakers are weighing proposals that would outlaw assertions of patent infringement made in bad faith, measures experts said are narrowly tailored to address abusive demands and could help to put small-business owners at ease.
The Ninth Circuit on Friday paused several class actions alleging Uber misclassified drivers as independent contractors, saying it’ll hold off on ruling until the U.S. Supreme Court decides a trio of closely watched cases on whether employers can legally include class waiver provisions in employee arbitration agreements.
The First Circuit on Friday reversed a lower court ruling and found that a committee of unsecured creditors does have the right to be heard in adversary proceedings spawned from Puerto Rico’s restructuring.
A Massachusetts federal judge on Friday dismissed a suit brought by a Massachusetts Institute of Technology janitor who alleged that he was denied due process when detained in immigration custody, finding that he had not suffered any procedural violation.
A Massachusetts federal magistrate judge on Monday said he would order an evaluation for a former pharmaceutical company insider trading suspect who was jailed for a series of increasingly bizarre stunts.
Massachusetts' highest court recently agreed to review a ruling that shoe maker Vibram's insurance companies can't recoup the sums they paid to defend the company in a trademark dispute, and attorneys say a ruling that the insurers do have a right to reimbursement could lead policyholders to try to limit their litigation costs.
A Massachusetts federal judge on Thursday struck down aspects of a city of Newton ordinance that essentially bans the use of pilotless aircraft in the city in the absence of prior permission, finding them preempted by federal law.
The Massachusetts city of New Bedford’s poor treatment of two Asian elephants at a zoo it owns flouts the Endangered Species Act and the animals should be allowed to live out their days at a sanctuary, a nonprofit group alleged in a lawsuit filed Thursday in federal court.
Massachusetts-based biopharmaceutical company Aegerion Pharmaceuticals Inc. agreed Friday to pay about $40 million to end criminal and civil allegations by the U.S. Department of Justice and fraud charges brought by the U.S. Securities and Exchange Commission over an expensive cholesterol treatment.
The ownership of more than 150 artifacts of Native American tribal communities will be transferred to the Salem, Massachusetts-based museum that has stored the collection for more than 70 years.
A Massachusetts man accused of an insider trading scheme involving pharmaceutical company stock ran out of second chances Friday morning, when he was arrested for allegedly failing to check in with pretrial services.
While it might seem that the new regional polarization over immigration and sanctuary cities may be driving us further away from achieving a national consensus on immigration, it may actually be beneficial to facilitating a unique outcome that can finally create bipartisan progress on immigration reform, says Leon Fresco of Holland & Knight LLP.
In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.
The Senate must now make a decision that holds the potential of striking at the essence of what it means to live in a free nation of laws, where each of us has the right to define who we love, who we are, and the very purpose of our lives — and it must do so without the benefit of essential information, says Nancy Northup, president of the Center for Reproductive Rights.
Autonomous vehicle technology, now being developed and tested by companies outside and inside the traditional auto manufacturing sector, promises to bring advances in safety and convenience to U.S. roadways. But legislation recently introduced in several states will impair automated vehicle development, and is designed mainly to protect traditional auto manufacturers and dealers from competition, say attorneys from WilmerHale.
In this videocast, Charles Capouet and DeAndre Morrow of Eversheds Sutherland tally significant state and local tax litigation wins and losses, and share observations on 2016 cases, including results for income tax apportionment and sales tax manufacturing exemption controversies. They also recap Avnet v. Washington Department of Revenue.
A default under a mortgage loan by a property owner can lead to undesirable consequences for both the tenant and the mortgage lender who becomes the new owner of the property. A subordination, nondisturbance and attornment agreement usually provides certain protections for the lender, but as long as both parties are willing to compromise, the end result is mutually beneficial, says Andrew Royce of Sherin and Lodgen LLP.
The greatest remaining hindrance to the proliferation of self-driving vehicles may well be regulatory uncertainty. Federal agencies have offered only nonbinding guidance, leaving regulation primarily to state authorities. This creates a patchwork of regulatory inconsistencies, and may impose a burden on interstate commerce that runs afoul of the dormant commerce clause doctrine, says Zachary Briers of Munger Tolles & Olson LLP.
2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.
State attorneys general play an active role in data privacy and security, bringing evolving state laws and broad consumer protection authority to bear on changing technologies and threats. Private sector custodians of personal data such as retailers, financial institutions, technology companies and health systems must understand the role of state attorneys general before a crisis occurs, say Jasen Eige and Kassie Schroth of McGuireWoods LLP.
This may be the most active year for biosimilars litigation yet, with three scheduled trials, several cases on appeal, and the potential for several new litigations, among other things. Michael Cottler, Joshua Whitehill and Jacqueline Genovese of Goodwin Procter LLP discuss the biggest biosimilar cases to watch for in the coming year.