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Massachusetts
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Mass. Town's Comparable Sales Rejected By Tax Board
A three-family apartment building in Massachusetts was overvalued by a local assessor by about $40,000, the Massachusetts Appellate Tax Board ruled, saying the owner's argument that the assessed value was greater than fair cash value proved persuasive.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
Car Dealership Magnate To Pay $12M Over Pandemic Loans
Massachusetts car dealership magnate Herb Chambers and several of his companies have agreed to pay $11.8 million to resolve allegations that they falsely certified their eligibility for pandemic-era aid under a U.S. Small Business Administration program, civil prosecutors said on Wednesday.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Boston Pol To Resign After Admitting Kickback Scheme
A Boston city councilor said Tuesday she will resign from her position, after agreeing to plead guilty to using taxpayer funds in a bonus-kickback scheme that involved a secretive $7,000 cash handoff in a City Hall bathroom.
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April 08, 2025
Birkenstock IP Foe Eyes Settlement As Shoemaker Balks
A Massachusetts-based shoemaker locked in an intellectual property battle with Birkenstock asked a federal judge on Tuesday to deny the sandal-making giant's request to push back a scheduled mediation, saying the case is ripe for settlement talks.
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
In Trump Order Against Perkins Coie, GCs See Harm For Cos.
Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."
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April 07, 2025
1st Circ. Won't Pause Block Of Unrelated Country Deportation
The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.
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April 07, 2025
Policy Group Tells 4th Circ. Drug Discount Law Needs Reform
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims
DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
WilmerHale Welcomes Back Ex-Mass. Criminal Chief
WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
Mass. High Court Ponders 'Reasonable' Wear In Lease Dispute
Massachusetts justices on Monday grappled with defining "reasonable" wear and tear on a rental property as they considered whether a property owner can require tenants to have their apartments professionally cleaned when moving out.
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April 04, 2025
Real Estate Recap: 'Gold Card,' ESG, Tokenization
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the latest EB-5 investment rush, the tightrope real estate companies are walking with environmental, social and governance factors, and how tokenization can apply to the real estate sector.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
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April 04, 2025
21 States Say Trump Order Will Disenfranchise Millions
Attorneys general from California, Washington. New York and 18 other states have filed federal lawsuits to block President Donald Trump's executive order on voting, saying it is an unconstitutional power grab that would make it harder for millions of eligible people to vote.
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April 04, 2025
Detained Tufts Student's Suit Transferred To Vermont
A Massachusetts federal judge on Friday transferred a Tufts University student's habeas corpus suit to Vermont, rejecting the federal government's bid to dismiss the suit or transfer it to Louisiana, where the Turkish doctoral student is currently detained.
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April 04, 2025
NIH Wants Prompt 1st Circ. Review Of Agency's Grant Caps
The National Institutes of Health is seeking a quicker path to appeal a ruling that blocked its cap on research grant costs, asking a Boston federal judge on Friday to make permanent the preliminary injunction that put the agency's cost-cutting plans on hold.
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April 04, 2025
Boston Bomber Asks 1st Circ. To Oust Judge Amid Bias Probe
Convicted Boston Marathon bomber Dzhokhar Tsarnaev on Friday asked the First Circuit to remove the Massachusetts federal judge who presided over his 2015 trial from conducting an inquiry into potential juror bias, after the jurist declined to recuse himself.
Expert Analysis
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.