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Massachusetts

  • June 28, 2018

    Foley Hoag Extends 18-Week Leave Policy To All Parents

    Foley Hoag LLP has announced that it is implementing a new parental leave policy that offers up to 18 weeks off in the 12 months after the birth or adoption of a child for all parents, regardless of whether they are the primary caregiver or not.

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

  • June 27, 2018

    Life After Kennedy: 1 Big Question, 6 Judges To Watch

    President Donald Trump made it clear Wednesday that the world already knows the name of the person he is going to nominate to replace retiring Associate Justice Anthony M. Kennedy. The question is, which name will it be?

  • June 27, 2018

    Insider Trading Suspect's Son Shouldn't Testify, Judge Says

    Federal prosecutors cannot force the young-adult son of an insider trading suspect to testify against his father, the presiding judge ruled Wednesday on the third day of a securities fraud trial in Boston.

  • June 27, 2018

    Ricky Martin Faces Revived Copyright Suit, 1st Circ. Says

    The First Circuit on Wednesday revived a songwriter’s copyright infringement claims alleging Ricky Martin stole his music after he entered it in a Sony Corp.-sponsored contest, with the panel finding the Puerto Rican pop star wasn’t a party to the contractual provision that required the songwriter to arbitrate his claims against Sony.

  • June 27, 2018

    'Goodbye, Tony!' Justices Bid Farewell To Kennedy

    As U.S. Supreme Court Justice Anthony Kennedy prepares to step down after three decades on the bench, his colleagues stepped forward to share stories about the man they know as “Tony,” describing a thoughtful coworker who built enduring friendships and made a lasting mark on the legal landscape.

  • June 27, 2018

    GSK Planned Off-Label Pitch At Every OB-GYN, Families Say

    “Bombshell” depositions have allegedly revealed GlaxoSmithKline employed — but later fired — a small team of specialists to secure hedge fund money and deploy pharmaceutical sales representatives to ask every OB-GYN in the country to prescribe an anti-nausea drug off-label, attorneys for hundreds of families suing the company told a Massachusetts federal judge Wednesday.

  • June 27, 2018

    When Partisan Passion Raged, Kennedy Was The Vote To Get

    Throughout his three-decade run on the U.S. Supreme Court, Associate Justice Anthony Kennedy leveraged his precious swing vote to forge robust legacies in free speech, LGBT rights and capital punishment, clerks and court watchers told Law360 after the justice announced his retirement Wednesday.

  • June 27, 2018

    NRDC, States Fight EPA Rollback Of Hydrofluorocarbons Rule

    The Natural Resources Defense Council and a coalition of attorneys general and state agencies launched D.C. Circuit challenges on Tuesday to the U.S. Environmental Protection Agency’s rollback of Obama-era limits on hydrofluorocarbons, which are used in products like spray cans, air conditioners and refrigerators.

  • June 27, 2018

    Equifax Agrees To Improve IT Oversight In 8-State Deal

    Equifax Inc. has agreed to improve the oversight of its information security program and tighten other related internal controls as part of a deal it reached with the banking regulators from eight states in the wake of its data breach last year, New York’s financial services superintendent said Wednesday.

  • June 27, 2018

    Chinese Used-Car Platform Leads 4 IPOs Raising $394M

    Chinese online used-car marketplace Uxin Ltd. on Wednesday raised $225 million in a downsized initial public offering that priced below its range, the largest of four deals to come to market since Tuesday that raised a combined $394 million, kicking off what is expected to be a busy week for IPOs.

  • June 27, 2018

    Utah's AG Asks Judge To Unseal Harvard Admissions Data

    Utah’s attorney general told a Massachusetts federal judge on Wednesday that admissions data being kept from the public in a landmark suit alleging racial bias in the Harvard University admissions process should be unsealed.

  • June 27, 2018

    Panera Bread's NJ Assistant Managers Get Cert. In OT Suit

    A New Jersey federal judge conditionally certified a collective of Panera Bread Co. assistant store managers in the Garden State who claim they were misclassified as exempt from overtime pay, but refused to certify similar collectives in Massachusetts and New York.

  • June 27, 2018

    GOP Kicks Off Race To Confirm Kennedy Replacement

    Supreme Court Justice Anthony Kennedy’s retirement announcement Wednesday echoed like a starting gun in the Senate, setting off a sprint from Senate Republicans who said they plan on having his replacement confirmed before the fall elections.

  • June 27, 2018

    Chinese Military College Charged In Sub Tech Export Scheme

    A Chinese university tied to China's army and a Chinese technology company broke American export laws in order to procure anti-submarine warfare technology, federal prosecutors said late Tuesday in an indictment filed in Massachusetts federal court.

  • June 27, 2018

    Justice Kennedy's Retirement To Upset High Court Balance

    Associate Justice Anthony Kennedy, 81, the U.S. Supreme Court's most senior member, is stepping down from the bench, the court announced Wednesday. His retirement will hand President Donald Trump the chance to replace a crucial swing vote and shift the ideological balance of the court to the right.

  • June 26, 2018

    16 States Sue Trump Admin. Over Child Separation Policies

    Sixteen states, including California, Delaware, Illinois, New Jersey, New York and Pennsylvania, as well as Washington, D.C., sued the Trump administration in Washington federal court Tuesday claiming that the government’s policies at the Southwestern border, including the separation of immigrant parents and children, violates the Fifth Amendment to the U.S. Constitution.

  • June 26, 2018

    GE Trims Assets To Focus On Aviation, Power

    General Electric Co. announced Tuesday it will jettison its health care business and sell its stake in oil services in a move that tops off the company’s plan to simplify a complex portfolio and tighten its focus on power generation, renewable energy and its staple jet engines.

  • June 26, 2018

    FCA Retrial Turns On Role Of Whistleblowing Auditor

    A Massachusetts federal judge questioned at the close of a bench retrial Tuesday whether a group of nursing homes could have recognized that a physical therapist tasked with auditing the company attempted to voice concerns about potential False Claims Act violations before she was fired.

  • June 26, 2018

    Senate Dems Urge FCC To Fortify TCPA Robocall Rules

    Senate Democrats on Tuesday urged the Federal Communications Commission to recommit to the original intent of the country's telemarketing laws after the D.C. Circuit threw out the agency's definition of autodialer, saying that without intervention invasive robocalls could plague consumers.  

Expert Analysis

  • Interpreting The Stop-Time Rule In Pereira V. Sessions

    Denyse Sabagh

    The U.S. Supreme Court recently heard oral arguments in Pereira v. Sessions, an immigration case that questions the clarity (or lack thereof) of the Immigration and Nationality Act's "stop-time" rule. A key practical issue seemed to be on the mind of many of the justices ― immigration courts are notoriously backlogged, say attorneys with Duane Morris LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Why Garick V. Mercedes-Benz Stayed In Federal Court

    Allison Semaya

    Last month, a district court in Massachusetts ruled that a putative class action against Mercedes-Benz USA should remain in federal court. The case is a reminder that, though the defendant bears the burden of showing the amount-in-controversy requirement for removal has been met, determining that amount early in a lawsuit is not an exact science, says Allison Semaya of Weil Gotshal & Manges LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Momentum Builds For US Offshore Wind Energy

    Raya Treiser

    The first quarter of 2018 has left little doubt that the momentum for U.S. offshore wind projects is increasing. The combination of federal and state policy support, and the Trump administration's commitment to streamlined federal permitting, presents an important opportunity for offshore wind developers, say members of WilmerHale.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Proactive Pay Equity Studies Can Shield Mass. Employers

    Catherine Alford

    Recent updates to Massachusetts' law requiring gender equity in pay make it among the strongest of such laws in the U.S. However, the ability of companies to conduct proactive pay audits as an affirmative defense under the Massachusetts statute may offer employers the opportunity to substantially reduce the risk of future litigation, say consultants at Analysis Group Inc.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.