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Massachusetts
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August 22, 2025
Real Estate Recap: 401(k) Boost, Eyes On Florida
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into what President Donald Trump's executive order on retirement fund investing means for real estate assets, as well as the biggest issues Florida real estate practitioners are watching in the second half of 2025.
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August 21, 2025
1st Circ. Rejects Flyers' $34M Fee Bid In JetBlue-Spirit Case
Passengers who launched an antitrust challenge to the since-scrapped JetBlue-Spirit Airlines merger are not eligible to collect up to $34 million in legal fees, the First Circuit ruled Thursday, finding that because the deal was blocked in a parallel government case, the passengers are not actually the prevailing parties.
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August 21, 2025
Democratic Sen. Urges Trump Admin To Plan For Tariff Refunds
Senate Small Business Committee ranking member Edward J. Markey, D-Mass., sent a letter Thursday to agency leaders in President Donald Trump's administration requesting the government prepare a tariff refund plan in case federal courts strike down Trump's emergency tariffs.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.
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August 21, 2025
Mass. Sheriff Pleads Not Guilty To Pot Extortion Scheme
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins pled not guilty Thursday in a federal courtroom to charges that he used his position to obtain pre-IPO shares in a cannabis retailer, then a refund when the investment lost money.
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August 21, 2025
Minor Leaguers Ask Justices To Kill MLB Antitrust Exemption
Former players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages are asking the U.S. Supreme Court to take up the case and overturn baseball's century-old exemption from antitrust law.
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August 21, 2025
Software Startup Catamorphic Settles Wage, OT Class Action
Software startup Catamorphic has agreed to settle a proposed class action brought by three former sales employees in Massachusetts and California who say the company failed to pay them overtime and engaged in other "widespread, repeated and consistent" violations of the Fair Labor Standards Act, a Wednesday court filing says.
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
Argent To Shell Out $4.5M To Exit Workers' ESOP Suit
Argent Trust Co. will pay $4.5 million to exit a class action alleging it approved a sale of undervalued shares in an electrical component company's employee stock ownership plan in a deal to shut the program down, according to a filing in Massachusetts federal court.
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August 20, 2025
Receiver Shielded In Senior Home Shutdown, 1st Circ. Says
A court-appointed receiver for a Massachusetts assisted living facility is shielded by quasi-judicial immunity from claims that it orchestrated a "resident dumping" scheme, the First Circuit said Tuesday, reversing a lower court's decision.
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August 20, 2025
Biotech Replimune Faces Derivative Suit Over Trial Claims
Executives and directors of biotechnology company Replimune Group Inc. face shareholder derivative claims that they concealed issues affecting a clinical trial of one of the company's lead immunotherapy candidates.
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August 20, 2025
Property Manager Settles With Mass. AG Over Data Breaches
One of the largest property management firms in Massachusetts will pay $795,000 to settle allegations by the state attorney general's office that it failed to prevent or address a series of five data breaches between 2019 and 2021.
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August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap
Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
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August 19, 2025
Tufts Student Says Feds Can't Dodge Detention Oversight
Turkish student Rümeysa Öztürk, who the Trump administration arrested after she co-wrote a pro-Palestinian column in her university's newspaper, told the Second Circuit on Monday that the government's position that she can't challenge her detention via habeas proceedings is unconstitutional.
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August 19, 2025
21 AGs Push DEA To Schedule 'Designer Xanax'
Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.
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August 19, 2025
Suno Says Indie Artists' AI Copyright Claim A Stretch
Artifical intelligence music generator Suno on Monday asked a Massachusetts federal judge to trim a proposed class action on behalf of independent musicians, saying the plaintiffs fail to offer any support for their novel claim that the songs generated by the tool are copyright-infringing copies.
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August 19, 2025
Nantucket Civil Rights Case Partially Revived On Appeal
A Massachusetts intermediate-level appeals court ruled Tuesday that "hostile" responses by Nantucket's longtime town manager to a Black resident's comments about a hate crime investigation could reasonably be found by a jury to violate the resident's state civil rights.
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August 19, 2025
$150K Settlement Approved In Cohen Cleary Data Breach
A federal judge in Massachusetts filed an order last week granting final approval of a $150,000 settlement between law firm Cohen Cleary PC and a class of more than 12,000 former clients who sought relief after a 2022 cyberattack on the firm's computer systems.
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August 19, 2025
MoFo-Led Industrial REIT Receives $1B PE Takeover Offer
Plymouth Industrial REIT Inc., advised by Morrison Foerster LLP, said Tuesday it is reviewing a roughly $1 billion takeover offer from Sixth Street Partners, a private equity firm that has invested in the real estate investment trust since at least last year.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
Boeing Slams Fund's 737 Max 'Zombie' Fraud Claims
Boeing told an Illinois federal judge that an investment fund has lobbed untimely "zombie" claims seeking to hold the American aerospace giant liable for allegedly misrepresenting the overall safety of the 737 Max 8 after two deadly crashes in 2018 and 2019.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
Cannabis Interests Challenging Federal Pot Ban Get Extension
The U.S. Supreme Court has said that marijuana companies challenging the federal ban on cannabis can have until October to submit their petition for a writ of certiorari.
Expert Analysis
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Timeline Considerations For Boston's New RE Review Process
Boston's newly reimagined large real estate project review process, featuring early community engagement, holds impacts for project timelines that land use counsel must account for when guiding developers through approvals, says David Linhart at Goulston & Storrs.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Compliance Lessons From Raytheon's FCPA Settlement
A recent Foreign Corrupt Practices Act action involving aerospace and defense company Raytheon underscores the importance of risk management related to retaining and overseeing third parties — especially in higher-risk jurisdictions — and the promotion of a companywide culture of compliance, say attorneys at Debevoise.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.