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Massachusetts
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August 15, 2025
Nat'l Guard Deployment In States Won't Be As Easy As In DC
President Donald Trump's power to deploy the D.C. National Guard and federalize local police lays bare the unique vulnerability of the district, but that power may be more limited in states where Trump has threatened to take similar action.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
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August 15, 2025
Trump's Divisive 'China Initiative' May Get A Vigorous Reboot
The Trump administration's ongoing battles with major universities may soon include the revival of an initiative that, with mixed success, targeted professors with ties to China during the president's first term, and experts told Law360 the second incarnation may be even more aggressive.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
Judge Punts On ProPay Sanctions In TelexFree Suit
A Massachusetts magistrate judge sent a motion for sanctions against ProPay to a district judge for ruling, saying the payment company failed to take steps to preserve electronic documents but the plaintiffs hadn't proven its intent to destroy evidence in a case over its alleged involvement in TelexFree's "hybrid Ponzi-pyramid scheme."
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August 15, 2025
Thoreau Stomping Grounds Still Public, Mass. Justices Rule
Massachusetts' highest court on Friday said the public is entitled to use a section of an 18th century road once deemed "a paradise for walkers" by Henry David Thoreau, rejecting claims by Harvard University and other adjacent property owners that the road was made private decades ago.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 15, 2025
1st Wrongful Death Suit Filed In Deadly Mass. Rest Home Fire
The first of what are expected to be multiple wrongful death lawsuits stemming from a July 13 fire that killed 10 elderly and disabled residents of a Fall River, Massachusetts, assisted living facility was filed late Thursday in state court.
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August 14, 2025
NBA Signs Off On $6B Sale Of Celtics
The National Basketball Association board of governors approved the sale of the controlling interests in the Boston Celtics to an investor group led by private equity firm co-founder Bill Chisholm, with the valuation of the club estimated at $6.1 billion.
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August 14, 2025
Boston Bomber Asks Full 1st Circ. To Weigh Judge DQ Bid
The convicted Boston Marathon bomber on Thursday asked the full First Circuit to consider disqualifying his trial judge from leading an investigation into potential juror bias, arguing an appellate court panel failed to assess whether post-trial public comments tainted his impartiality.
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August 14, 2025
Wyden, Warren Ask Lutnick's Son About Firm's Tariff Bets
Senate Democratic ranking members sent a letter published Thursday to Cantor Fitzgerald & Co. CEO Brandon Lutnick raising concerns about potential insider trading and conflicts of interest associated with a financial product hedging the legality of tariffs that his father, Commerce Secretary Howard Lutnick, has been involved in.
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August 14, 2025
20 States Win Injunction Against ICE's Use Of Medicaid Data
A California federal judge has blocked the federal government from using Medicaid information from 20 states for immigration enforcement purposes, marking a partial victory for the coalition of states challenging a new data-sharing arrangement between the U.S. Department of Health and Human Services and the Department of Homeland Security.
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August 14, 2025
Ex-Market Basket Execs Banned From Co. Sites Amid Feud
A Massachusetts judge on Thursday barred two former Market Basket executives from returning to any of its stores or headquarters amid a fight for control over the regional supermarket chain, three days after the company went to court to enforce no-trespassing orders.
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August 14, 2025
Boston Firm Says Personal Injury Rival Stole 'Secret Sauce'
A Boston personal injury firm that pioneered the use of television ads in legal marketing in the 1980s is seeking $11 million from a newer Massachusetts competitor that allegedly copied and repeatedly used its "secret sauce" digital operating playbook and other materials.
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August 14, 2025
Troutman Adds 3 More CMBS Attys From K&L Gates
Troutman Pepper Locke LLP has announced three more additions to its commercial mortgage-backed securities team from K&L Gates LLP, saying their hires will "further fortify the firm's competitive edge in the special servicing and litigation sectors."
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August 14, 2025
Aerospace Tech Biz Valued At $800M Following SPAC Merger
Merlin, an autonomous flight technology company for the defense industry, on Thursday announced plans to go public via a merger with special purpose acquisition company Bleichroeder Acquisition Corp. I in a deal that was built by three law firms and would value the aerospace company at $800 million.
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August 14, 2025
Eli Lilly To Put $1.3B Into Obesity-Focused Medicine Biz
Venture and private equity-backed drug discovery company Superluminal Medicines announced a partnership Thursday with pharmaceutical giant Eli Lilly & Co., which will see Superluminal receiving up to $1.3 billion to help advance cardiometabolic and obesity-related medicines.
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August 13, 2025
What Attys Want To Know About Lutnick's Harvard IP Threat
After the U.S. Department of Commerce threatened last week to take control of some patents owned by Harvard University, attorneys have been questioning the practicality and legality of doing so.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 27, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
EBay, Former Execs Must Face Bulk Of Harassment Case
A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.
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August 13, 2025
Simpson Thacher Lands Kirkland M&A Atty In Boston
Simpson Thacher & Bartlett LLP has brought on a former Kirkland & Ellis LLP partner to its mergers and acquisitions practice in Boston.
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August 13, 2025
Mass. Loan Biz Morphed Into $7.6M Ponzi Scheme, State Says
A Massachusetts woman turned her family's small auto financing business into a $7.6 million Ponzi scheme, the state's Securities Division alleged in a complaint.
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August 12, 2025
DOE Used Secret Group To Undermine GHG Finding: Suit
The Trump administration secretly got together a group of client skeptics to figure out how to misrepresent the data to "manufacture a basis" to knock out the "overwhelming scientific consensus" that greenhouse gases endanger people's health, two environmental groups say in a new lawsuit.
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August 12, 2025
Trump Admin Sued Again Over Parole Program's End
The Trump administration has been hit with another challenge to its April mass cancellation of humanitarian parole in a proposed class action brought on behalf of more than 900,000 people who used a government app to set up appointments for admission to the United States.
Expert Analysis
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.