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Massachusetts
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March 14, 2024
Cannabis Cos. Say Federal Position On Pot Is Irrational
The federal ban on marijuana is plainly irrational and negatively affects operators in state-regulated cannabis markets, depriving them of their constitutional rights, a group of marijuana companies told a Massachusetts federal judge on Friday.
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March 14, 2024
Mass. High Court Says Tufts Win In Tenure Case 'Premature'
Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.
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March 14, 2024
NLRB Certifies Dartmouth Men's Basketball Player Union
Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Ex-Mass. Pol Says Federalism Bars COVID Fraud Cases
A former Massachusetts state senator charged with collecting CARES Act-funded unemployment benefits while being paid for consulting work said in a motion filed Thursday that the 10th Amendment prohibits the federal government from prosecuting him for actions that occurred at the state level.
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March 14, 2024
Feds Seek 20 Mos. For Aegerion Fraud 'Puppet Master'
A pharmaceutical sales representative who gloated about being a "puppet master" for false insurance claims for Aegerion's cholesterol drug should serve 20 months in prison, the U.S. government has told a Boston federal judge.
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March 13, 2024
Mass. Gov. Announces Pardon Plan For Marijuana Possession
Massachusetts Gov. Maura T. Healey has announced plans for sweeping pardons of misdemeanor cannabis possession convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses.
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March 13, 2024
Ex-NFLer Faced Racism As School Superintendent, Suit Says
A former NFL player was subjected to racism as the first Black superintendent of schools in Wayland, Massachusetts, and was forced out of his job when he took steps to address it, according to a suit filed Wednesday in state court.
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March 13, 2024
IRobot, SharkNinja Settle Last Of Roomba Patent Fight
IRobot and SharkNinja have reached a settlement in principle to resolve what remains of a long-standing patent dispute related to the Roomba robotic vacuum cleaner.
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March 13, 2024
Mass. Justice Presses AG On Fast-Track Bid For Zoning Case
A Massachusetts high court justice on Wednesday expressed concerns about the state attorney general's aggressive bid to fast-track the enforcement of a divisive housing law to the full court as soon as May.
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March 13, 2024
Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility
The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Roberto Clemente's Family Appeals Puerto Rico TM Loss
The family of the late MLB Hall of Famer Roberto Clemente is asking the First Circuit to revive trademark claims against Puerto Rico for the unauthorized use of the former Pittsburgh Pirates outfielder's image on license plates and vehicle registrations.
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March 12, 2024
Harvard Data Fraud Report To Be Released In Libel Case
A Harvard Business School's internal investigative report concerning data fraud allegations against a suspended professor will be made public in a defamation lawsuit against the school, a federal district judge ordered Tuesday.
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March 12, 2024
GE Aerospace Plans $650M Manufacturing Investment
GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.
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March 12, 2024
AT&T Offloaded Pensions In Risky Annuity Deal, Suit Says
AT&T shirked its fiduciary duty and put 96,000 workers' retirement savings in jeopardy by transferring pension obligations to a "risky" annuity provider, according to a proposed class action filed in Massachusetts federal court.
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March 11, 2024
Fed. Circ. OKs Boston Drug Developer's Patent Win
A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.
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March 11, 2024
Mexico Says High Court Long Shot Not Worth Halting Gun Suit
The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.
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March 11, 2024
Entire Deadspin Staff Cut After Site's Sale To European Firm
All existing employees of sports blogging site Deadspin have been laid off after finding out Monday that the blog's owner, private equity-backed G/O Media Inc., has agreed to sell the site to European firm Lineup Publishing for an undisclosed price.
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March 11, 2024
FTC, 10 States Sue 'Sham' Women's Cancer Fund
The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.
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March 11, 2024
Most Claims Trimmed In Ford Faulty Transmission Suit
A Massachusetts federal judge has thrown out the bulk of a suit alleging Ford Motor Co. knowingly sold vehicles with a faulty transmission system, while allowing breach of implied warranty, fraudulent concealment and state law claims to proceed.
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March 11, 2024
SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says
A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.
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March 08, 2024
Dartmouth Hoops Union Could Touch Off Legal Madness
A recent vote by the Dartmouth College men's basketball team to form a union could set the stage for the next round of litigation in shaping the rights of collegiate athletes, but experts told Law360 some steep obstacles could stand in the way of a breakthrough ruling that turns student athletes into full-fledged employees.
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March 08, 2024
Mass. Bar Agency Seeks Name Revision Due To Slavery Link
The state agency that regulates attorney conduct in Massachusetts is proposing a name change that would replace an archaic word seen by some as tainted by an association with slavery.
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March 08, 2024
Mass. Justices OK Town's 'Clever' Gradual Tobacco Ban
A Massachusetts town's admittedly novel bylaw phasing out the sale of tobacco by prohibiting sales to anyone born in this century could become a model for other local communities after the regulation withstood a legal challenge by a group of retailers at the state's highest court Friday.
Expert Analysis
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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What Affirmative Action Ruling Means For Higher Ed And Cos.
The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.
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DC Circ.'s Perchlorate Ruling Means Regulatory Restart
The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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'Varsity Blues' Reversal May Inform Conspiracy Defenses
The First Circuit’s recent decision vacating the convictions of two “Varsity Blues” defendants provides potential support for creative arguments against conspiracy charges, particularly where defense counsel can show competition or indifference among alleged co-conspirators, say Cormac Connor and Emily Mikes at Husch Blackwell.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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What Innovators Can Expect In The Patent World After Amgen
After the U.S. Supreme Court's recent Amgen v. Sanofi decision, which invalidated Amgen's patents because the specifications failed to enable the full scope of the invention, innovators should expect more enablement rejections and invalidity challenges, and higher standards overall for obtaining broad genus claims, says Kisuk Lee from Harness IP.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.