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Massachusetts

  • October 19, 2018

    Fake Patient Names Take Center Stage At 3rd NECC Trial

    In the first week of a trial in Massachusetts federal court for six former employees of the New England Compounding Center, whose contaminated drugs sparked a deadly meningitis outbreak in 2012, the question of who bears responsibility for fake patient names used on prescription order forms has been a daily point of contention.

  • October 19, 2018

    Labaton Says 1/3 Of Its Open Cases Include Referral Fees

    Nearly one-third of Labaton Sucharow LLP’s open cases came to the firm through referral arrangements, according to a filing Thursday in Massachusetts federal court, offering a peek behind the curtain as the firm faces scrutiny for a payment to a Texas attorney uncovered in the ongoing State Street settlement fee fight.

  • October 18, 2018

    Zinke Touts New Moves On Offshore Wind Development

    The U.S. Department of the Interior will hold an offshore wind auction off the Massachusetts coast in December and is developing a first-ever Pacific offshore wind auction in California, Secretary of the Interior Ryan Zinke said Wednesday.

  • October 18, 2018

    Wachtell, Simpson Lead $5.7B Invesco-MassMutual Deal

    Wachtell Lipton Rosen & Katz-led Invesco Ltd. will acquire Massachusetts Mutual Life Insurance Co.’s asset management unit OppenheimerFunds in a $5.7 billion deal that will see Simpson Thacher & Bartlett LLP-led MassMutual become the Atlanta-based investment firm’s largest shareholder, the companies said in a statement Thursday.

  • October 18, 2018

    Glassdoor Gets Beer Vendor's Bad Review Suit Dismissed

    A Massachusetts federal judge has dismissed a beer vendor's suit against Glassdoor Inc. alleging the website was liable for "trolling" reviews against one of its employees, ruling that Glassdoor is protected by federal law because it didn't create the reviews.

  • October 18, 2018

    Necco Trustee Says Director Suit Should Stay In Fed. Court

    The Chapter 11 trustee of bankrupt candy maker New England Confectionery Co. Inc. told a Massachusetts federal judge Thursday that his suit accusing the debtor’s directors and officers of prepetition breaches of fiduciary duty shouldn’t be moved to bankruptcy court because it isn’t a core proceeding to the Chapter 11 case.

  • October 18, 2018

    Harvard Officials Testify They Don't Use Racial Quotas

    An applicant's race can factor into admission to Harvard University, but the Ivy League school has never used "quotas" or "floors" in its bid to achieve a diverse campus, admissions officials testified Thursday on the fourth day of a bench trial in a case accusing the school of discriminating against Asian-Americans.

  • October 18, 2018

    Fidelity's Foray Into Bitcoin Likely To Boost Crypto Appeal

    Fidelity Investments’ plans to form a stand-alone company that will enable hedge funds and other professional investors to store and trade cryptocurrencies like bitcoin could potentially pave the way for more institutional investment into the fledgling asset class.

  • October 18, 2018

    Settlement Up To $41M Approved In Aviva Annuity Suit

    A Massachusetts federal judge approved a class action settlement Thursday guaranteeing the annuities of 5,000 Aviva PLC customers at a value of up to $41 million, though he raised questions about the lead counsel's request for over $4 million in attorneys' fees.

  • October 18, 2018

    Jury Told Of Seized Drugs, Unsafe Workplace At NECC Trial

    A prosecutor wearing purple protective gloves in Massachusetts federal court on Thursday presented a series of apparently expired drugs seized from the New England Compounding Center in 2012 as the government tried to build its case that the facility's operations were sloppy and unsafe before a deadly meningitis outbreak that killed dozens of people.

  • October 18, 2018

    Admitted Fraudster Faces Arrest After Multiple No-Shows

    A Massachusetts judge said Thursday she had no choice but to issue an arrest warrant for a Florida man who missed his repeatedly rescheduled sentencing hearing on his role in a $1.6 million pump-and-dump scheme after being admitted to the hospital, noting his multiple last-minute no-shows and poor communication with probation.

  • October 17, 2018

    Sen. Warren Demands Toys R Us Pay Worker Severance

    U.S. Sen. Elizabeth Warren is urging five hedge funds who hold Toys R Us debt to answer questions about their role in the liquidation of the toy retailer and contribute to a fund to provide severance pay for the chain's 30,000 former employees.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Mass. MD Says FCA Case Over Surgeries Should Advance

    A former anesthesiologist at Massachusetts General Hospital defended her second shot at a False Claims Act suit Tuesday, saying a federal court should hear the case because she has now provided evidence to show the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room.

  • October 17, 2018

    NFL Says Hernandez's Family Can't Remand Concussion Case

    Counsel for Aaron Hernandez’s daughter and the NFL traded barbs Tuesday over whether her suit — which alleges the league contributed to the debilitating brain damage that led to her father’s violent death by lying about the dangers of concussions for decades — belongs in Pennsylvania federal court or Massachusetts state court.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Fund Manager Cops To Stealing Millions From Friends, Family

    A 70-year-old man admitted he stole millions from friends and family, among others, by taking money he was supposed to invest on their behalf and using it to travel, buy fancy cars and pay off his son’s mortgage, pleading guilty to a 10-count indictment Wednesday afternoon in Massachusetts federal court.

  • October 17, 2018

    Ex-State Street Exec Promises Precedent-Setting Appeal

    After being sentenced to 18 months in prison, a former State Street Corp. executive who was convicted of stealing millions from international clients asked a Massachusetts federal judge Wednesday for his freedom pending an appeal that he promises will include multiple issues that have not yet been addressed by the First Circuit.

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    1st Circ. Revives Putnam Investments ERISA Class Action

    The First Circuit on Monday gave a group of Putnam Investments LLC workers another shot at proving their employer shortchanged them by packing their 401(k) plan with company-owned mutual funds without considering other options, ordering a Massachusetts federal judge to take another look at the allegations at a trial.

Expert Analysis

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • The Year Of The Crypto Investigation

    Daniel Payne

    There has been a flurry of subpoenas and investigations into cryptocurrency trading and initial coin offerings in the first eight months of this year. These investigations, on the rise, are coming from both state and federal regulators, says Daniel Payne of Murphy & McGonigle PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.