• November 3, 2017

    Mass. Police Look To Exit Background Check Racial Bias Suit

    The Massachusetts State Police urged a federal court on Thursday to nix an African-American man’s claims that it acted with racial bias when it passed over his application to become a trainee based on a conclusion by one of its state troopers that he was untruthful during a background investigation.

  • November 3, 2017

    Zoo Elephant 'Friends' Fight To Sue City Without Counsel

    Animal advocates asked a Massachusetts federal court Thursday to allow them to proceed without licensed counsel in their lawsuit alleging the city of New Bedford’s poor treatment of two Asian elephants at a city zoo flouts the Endangered Species Act.

  • November 3, 2017

    Feds Say Pharma Trading Suspects Can't Get Early Win

    Prosecutors asked a Massachusetts federal court Friday to shoot down a request by two pharmaceutical employees to dismiss the insider trading charges against them, saying they had tried to sneak a challenge to the government's evidence into a procedural phase of the case.

  • November 3, 2017

    Bomb Maker Can Keep Legal Advice Secret In Saudi Deal

    The last American manufacturer of cluster bombs does not have to disclose whatever legal advice it was operating under when it arranged a roughly $1 billion sale of the internationally banned weapons to Saudi Arabia in 2011, a Massachusetts federal judge decided on Friday.

  • November 3, 2017

    Zoll Says Philips Can't Add $4M Interest To Patent Win

    Zoll Medical Corp. urged a Massachusetts federal judge on Thursday to deny almost $4 million in prejudgment interest to electronics company Philips on a $10.4 million damages award in a patent infringement suit related to heart defibrillator technology.

  • November 3, 2017

    AGs Urge FCC To Put Tribune-Sinclair Merger On Ice

    A group of attorneys general told the Federal Communications Commission they object to Sinclair Broadcast Group Inc.’s proposed acquisition of Tribune Media Co., saying Thursday the deal should be either blocked or delayed until a related D.C. Circuit case is decided.

  • November 3, 2017

    FBI Agent's Ex-Wife Says 1st Circ. Quick To Halt Privacy Row

    An FBI agent’s ex-wife, who says the government negligently allowed her ex-husband to spy on her with the bureau’s surveillance tools, asked the First Circuit on Thursday to rethink its decision to quash her suit, claiming she was wrongly denied a chance to discover specific FBI rules the feds had allegedly broken.

  • November 2, 2017

    Covidien Fights Ex-Worker's Bid To Pause Contract Suit

    Covidien LP on Wednesday blasted an ex-employee’s bid to pump the brakes on its Massachusetts federal court lawsuit accusing him of making off with confidential information for medical patents.

  • November 2, 2017

    PE-Backed Evoqua Water Leads 4 IPOs Totaling $777M

    Four companies debuted in public trading but generated mixed results Thursday after completing initial public offerings that raised a combined $777 million, led by private equity-backed wastewater treatment systems provider Evoqua Water Technologies Corp.

  • November 2, 2017

    Ex-Pharma Exec Admits Insider Trading On Cancer Drug Info

    A former executive at a California pharmaceutical company pled guilty in Massachusetts federal court on Thursday to criminal charges that he reaped $1.16 million from stock trades on nonpublic knowledge that trials of a breast cancer treatment were showing positive results.

  • November 2, 2017

    Naturalization Oath Violates The Constitution, Suit Says

    A French citizen who has been seeking U.S. citizenship for almost a decade hit Congress with a lawsuit in Massachusetts federal court on Thursday, saying that the inclusion of the words “so help me God” in the naturalization oath violates her constitutional rights.

  • November 2, 2017

    Mass. Law Firm Knocks Out Ruling Voiding Its Client Contract

    A Texas appellate court on Wednesday reversed a finding that a Massachusetts law firm’s engagement agreement with a Texas couple is void as a matter of public policy, sending a dispute over whether the firm earned a fee for its work on a medical malpractice claim back to a trial court.

  • November 2, 2017

    Attys General Urged To Probe Sinclair-Tribune Merger

    A media advocacy group on Thursday called on state attorneys general to take a microscope to Sinclair Broadcast Group Inc.’s proposed acquisition of Tribune Media Co., saying that the deal will hamper competition and result in higher retransmission fees in each of the states where Sinclair operates.

  • November 2, 2017

    EPA Rebuffs States' Bid To Expand Ozone-Reduction Region

    The U.S. Environmental Protection Agency has rejected a petition from nine Northeast states seeking to add several downwind states to a regional ozone-reduction program, according to a notice scheduled to be published in the Federal Register on Friday.

  • November 1, 2017

    States, Advocacy Group Fire Back In DACA Cases

    A group of states, as well as several individuals and a Latino advocacy group, urged a New York federal court Wednesday not to dismiss a pair of high-profile cases challenging the rollback of the Deferred Action for Childhood Arrivals program, saying the program isn’t immune from judicial review.

  • November 1, 2017

    Key Sports Betting Scheme Player Gets 2.5 Years

    A top player in a $3-million-per-year sports gambling ring has been sentenced to two and a half years behind bars, with the majority of that suspended, Massachusetts Attorney General Maura Healey's office said Wednesday.

  • November 1, 2017

    DAs Say 6,000 Cases Tied To Disgraced Drug Lab Chemist

    Massachusetts prosecutors said Tuesday they have pinpointed more than 6,000 cases impacted by the misconduct of a since-convicted state drug lab chemist who got high almost daily on the job, according to news reports.

  • November 1, 2017

    Late NFL Player's Ex-Wife Can't Get Added Benefits

    A Massachusetts federal judge on Wednesday ruled that the ex-wife of late NFL player Mosiula Tatupu is only entitled to one-third of his pension benefits under a 1997 divorce agreement, refusing to overturn a retirement board’s decision denying her additional benefits.

  • November 1, 2017

    Mass. Top Court Finds Excess Policies Cover Accident Equally

    The Massachusetts Supreme Judicial Court held Wednesday that two excess insurance policies apply equally to an accident in which an EZ Disposal Service Inc. employee hit and killed a bicyclist while driving a garbage truck owned by another company.

  • November 1, 2017

    Keurig Says Rival Stole Employees, Trade Secrets

    Keurig Green Mountain Inc. came after a pair of former workers and their new employer, SharkNinja Operating LLC, in Massachusetts federal court Tuesday, contending that the rival home appliance company has aggressively poached its employees and raided its trade secrets.

Expert Analysis

  • How New York State Is Making Energy Storage A Priority


    In June, the New York State Legislature passed the Energy Storage Deployment Program bill to incentivize greater use of energy storage technologies. This will be a critical piece of a multipronged strategy to flatten the peaks and troughs of the daily electricity load profile and enable high penetration of intermittent renewables, say Thomas Puchner and Kevin Blake of Phillips Lytle LLP.

  • Accommodating Medical Marijuana Users: A National Trend?

    Matthew Mitchell

    The Massachusetts Supreme Judicial Court's recent decision in Barbuto v. Advantage Sales and Marketing — and recent, similar precedent from other jurisdictions — may indicate a judicial trend that provides greater workplace protections to marijuana users. This represents a new, potential compliance benchmark for employers with respect to workplace safety policies, say attorneys with Partridge Snow & Hahn LLP.

  • How State High Courts Are Reshaping Anti-SLAPP Laws

    Clifford Zatz

    Three recent decisions from the California, Massachusetts and Texas high courts reflect continued judicial shaping of anti-SLAPP statutes. Employers, media companies and other potential SLAPP litigants should note how state laws in this area continue to evolve, sometimes in divergent directions, say attorneys with Crowell & Moring LLP.

  • Insurers Must Be Wary Of The Other Kind Of Ambiguity

    Elizabeth Yoder

    Insurers would be well-served to draft insurance applications with the same expectations that exist when drafting policies. At some point efforts may be made to ascribe more than one meaning to the questions, and courts have shown that they are willing to side with insureds in such cases, say Randy Maniloff and Elizabeth Yoder of White and Williams LLP.

  • Comparing Real Estate Restrictions In 2 Great Cities

    Lawrence DiCara

    Boston is famously restrictive with respect to real estate development, but it is a free market paradise compared to San Francisco, where Proposition M strictly caps the annual construction of new office buildings. Proposition M has had many undesirable and unintended consequences, and it may be time to remove these limitations, say attorneys with Nixon Peabody LLP.

  • And Now A Word From The Panel: Who Wants To Be An MDL?


    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • Federal Energy Procurement Programs Remain Attractive

    Taite McDonald

    The Trump administration's actions sometimes seem to favor fossil fuels at the expense of clean and innovative energy solutions. But federal energy procurement programs clearly continue to promote an integration of the two. The market for renewable energy at military and other government installations will likely continue to grow, say Taite McDonald and Stephen Bolotin of Holland & Knight LLP.

  • Shareholders Want More Climate Change Risk Disclosure

    Jane Montgomery

    Shareholders recently voted for more disclosure of future climate change impact on ExxonMobil's business outlook. This raises two questions, say Jane Montgomery and David Loring of Schiff Hardin LLP: What climate risks do investors want to know about? And how can a business disclose them?

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.