Massachusetts

  • September 26, 2017

    1st Circ. Won't Rehear Guatemalan's Asylum Bid Amid Dissent

    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.

  • September 26, 2017

    Top White Collar Crime Cases To Watch In Massachusetts

    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.

  • September 25, 2017

    Burns & Levinson Adds Cybersecurity Partner From DLA Piper

    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.

  • September 25, 2017

    BNY Can't Dislodge Class Rep In Trust Beneficiaries Case

    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.

  • September 25, 2017

    ‘Codfather’ Gets Nearly 4 Years For Falsely Labeling Fish

    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.

  • September 25, 2017

    Mass. AG Backs Bill To Aid Consumers In Equifax Hack

    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.

  • September 25, 2017

    16 States Won't Intervene In FCA Suit Against Compounder

    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.

  • September 25, 2017

    1st Circ. Judge Watches Puerto Rico Destruction From Afar

    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.

  • September 25, 2017

    Data Center Co. Switch Leads 2 IPOs Totaling $569M

    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.

  • September 25, 2017

    Mass. Looks To Tackle Abusive Patent Demands

    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.

  • September 25, 2017

    9th Circ. Uber Driver Suits Await High Court Ruling

    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.

  • September 25, 2017

    1st Circ. Grants Appeal In Puerto Rico Bankruptcy Case

    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.

  • September 25, 2017

    MIT Janitor's Due Process Suit Against ICE Dismissed

    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.

  • September 25, 2017

    Judge Rips Insider Trading Suspect’s ‘Arrogance’

    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.

  • September 22, 2017

    Mass. Case May Lead Policyholders To Limit Litigation Costs

    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.

  • September 22, 2017

    Mass. City Ordinance Effectively Banning Drones Cut Back

    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.

  • September 22, 2017

    Elephants Treated Poorly In Mass. Zoo, Suit Says

    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.

  • September 22, 2017

    Aegerion To Pay $40M To End Host Of Juxtapid Claims

    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.

  • September 22, 2017

    Museum Receives Ownership Of Native American Artifacts

    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.

  • September 22, 2017

    Pharma Insider-Trading Suspect Arrested Again

    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.

Expert Analysis

  • Opinion

    A State-By-State Solution For Immigration Reform

    Leon Fresco

    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.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    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.

  • Opinion

    Gorsuch, Roe And 'Superprecedent'

    Nancy Northup

    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.

  • The SAVe Act: A Roadblock To Automated Vehicle Innovation

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    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.

  • State And Local Tax Scoreboard: 2016 Year In Review

    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.

  • SNDA Agreements Benefit Both Tenants And Lenders

    Andrew Royce

    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.

  • Automated Vehicle Regs And The Dormant Commerce Clause

    Zachary Briers

    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.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    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 Growing Data Privacy Role

    Jasen Eige

    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.

  • The Biosimilars Litigation Landscape For 2017

    Michael B. Cottler

    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.