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Massachusetts
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
COVID-19 Orders Could Save Embryo Loss Case, Court Hears
Responding to last-minute arguments during a summary judgment hearing, a Connecticut Superior Court judge Thursday ordered attorneys to brief whether COVID-19 executive orders might save a Massachusetts woman's claims that her fertility doctors misplaced or destroyed her frozen embryos.
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September 25, 2025
Unions' Challenge To Trump Resignation Program Tossed
A Massachusetts federal judge shut the door on three unions' suit to block the president's deferred resignation program, saying the groups' challenge belongs before the agencies Congress created to handle federal personnel disputes.
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September 25, 2025
Private Schools Duck Aid-Fixing Conspiracy Claims, For Now
An Illinois federal judge Thursday tossed an antitrust class action accusing 40 private universities and colleges of illegally conspiring to raise net attendance prices by factoring noncustodial parents' financial information into their nonfederal aid eligibility considerations, deeming allegations of an agreement between them as "conclusory and lacking in plausibility."
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September 25, 2025
SmartLabs Accused Of Dodging Rent On Cambridge Lab
Boston-headquartered SmartLabs is facing a lawsuit over millions in unpaid rent owed to the landlord of one of its Cambridge facilities, according to a complaint filed in Massachusetts state court.
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September 25, 2025
In-House Life Sciences Lawyer Joins WilmerHale In Boston
An attorney specializing in the life sciences will be returning to private practice next month after more than nine years as an in-house counsel for several pharmaceutical and biotechnology companies, joining WilmerHale's Boston office.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Team Owner Fights PR Baseball League's Fresh Dismissal Bid
The former owner of a Puerto Rican baseball team told a federal judge this week that the court has already decided it is the proper forum for his antitrust lawsuit, and it should reject the defendant's motion to shift the dispute back to a local venue.
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September 24, 2025
Swimmers Want Re-Do In Title IX Suit Over Trans Competitor
Three swimmers suing over the participation of a transgender woman in a college meet are asking a Massachusetts federal judge to reinstate the Ivy League and Harvard University as defendants in their Title IX complaint.
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September 24, 2025
AGs Slam Capital One's $425M Deal As Unfair To Consumers
New York Attorney General Letitia James and 17 other attorneys general are opposing a proposed $425 million settlement between Capital One and a putative consumer class alleging the bank deceptively advertised its 360 Savings accounts, telling a Virginia federal court the deal "fails to adequately redress" the harms caused by the scheme.
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September 24, 2025
Data Storage Provider Reaches Deal To End 401(k) Suit
An information storage and management provider and 401(k) plan participants who claimed the company mismanaged their retirement savings have agreed to end their court battle, according to a filing in Massachusetts federal court.
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September 24, 2025
Ex-Mass. Judge Fined For Giving Dad $450/Hour Role In Case
A now-former Massachusetts Probate and Family Court justice will pay a $4,000 civil penalty for appointing his father to a $450 an hour special master role in a divorce case, the State Ethics Commission said.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Mass. Turnpike Bid Dispute Squashed As Applegreen Exits
Blackstone Inc.-backed convenience store chain Applegreen has withdrawn a bid to rebuild and operate service plazas along the Massachusetts Turnpike and other highways, mooting a lawsuit by current plaza operator Global Partners, lawyers told a state court judge on Wednesday.
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September 24, 2025
PE-Focused Debt Finance Pro Boosts Cooley's Boston Office
Cooley LLP has grown its debt finance practice in Boston with the addition of a Choate Hall & Stewart LLP attorney.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
1st Circ. Calls BIA's Handling Of Late Filing 'Troubling'
The First Circuit on Monday faulted the Board of Immigration Appeals for refusing to consider a Guatemalan asylum applicant's appeal brief that was inadvertently filed in the wrong forum, finding the decision "troubling," and saying the BIA abused its discretion by not offering an explanation.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
1st Circ. Revives Fired Airport Worker's Retaliation Suit
A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.
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September 23, 2025
How Attys Are Riding The Mass. Biotech 'Roller Coaster'
The first half of 2025 saw the Massachusetts biotech industry post bleak numbers, including a dip in venture capital funding and merger activity, leaving attorneys looking for creative ways to help companies with fewer public and private dollars.
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September 23, 2025
Feds Illegally Denying Immigrant Bond Hearings, Suit Says
The Trump administration is deliberately misclassifying immigrants marked for removal proceedings in an effort to illegally skirt their right to a bond hearing, according to a proposed class action filed Tuesday in Massachusetts federal court.
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September 23, 2025
1st Circ. Won't Let Citizens Bank Escape Escrow Interest Suit
The First Circuit has revived a proposed class action accusing Citizens Bank of violating Rhode Island law by not making interest payments for mortgage escrow accounts, ruling the action must be reinstated in part because of a U.S. Supreme Court decision handed down after the case was dismissed.
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September 23, 2025
Star Chef Didn't Violate 'Vague' Pact With Boston, Judge Says
A Massachusetts state court has ruled that a "vague" agreement between celebrity chef Barbara Lynch and the city of Boston to escrow proceeds from the sale of her flagship No. 9 Park restaurant while the city seeks to collect her unpaid taxes doesn't prevent Lynch from using the funds to pay other creditors.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Harvard Beats Suit Over Instructor's Vaccine-Refusal Firing
Harvard University beat a suit by a former medical school instructor who claimed he was wrongly fired for refusing to get a COVID-19 vaccine, as a federal judge ruled his dismissal was automatically triggered when he was terminated by a Harvard-affiliated hospital.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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NIH Cuts To Indirect Costs May Stifle IP Generation
Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.