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Massachusetts
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April 25, 2025
Mondelez Says Ghost Can't Use Sour Patch, Other Snack TMs
Two Mondelez International subsidiaries have filed suit in Illinois to halt Ghost LLC's marketing of energy products that feature Sour Patch Kids, Oreo and certain other iconic snack brand trademarks, claiming Ghost's license to do so ended when Keurig Dr. Pepper began controlling the company.
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April 25, 2025
Tort Report: Texas Justices Set Dram Shop Standard
The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 25, 2025
Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff
A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.
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April 25, 2025
J&J Unit Sees Claims Trimmed In Engineer's Bias Suit
A Johnson & Johnson-owned prosthetics company does not have to face claims that an engineer filed his lawsuit, alleging violations of the Family and Medical Leave Act, too late, a Massachusetts federal judge ruled Friday, but determined some of the allegations are timely and can proceed.
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April 25, 2025
Insulet's $452M Trade Secrets Award Reduced To $59.4M
A $452 million trade secrets jury award for Insulet Corp. has been cut to $59.4 million by a Massachusetts federal judge who said the reduction is necessary to avoid double recovery and to comply with the law, following a trend where courts have reduced large jury awards in trade secret cases.
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April 25, 2025
Nutter McClennen, Goodwin Steer $490M Mass. Banking Deal
Eastern Bankshares Inc. has agreed to acquire HarborOne Bancorp in a $490 million deal steered respectively by Nutter McClennen & Fish LLP and Goodwin Procter LLP, expanding Eastern's regional banking footprint across Massachusetts and into Rhode Island.
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April 25, 2025
Mass. Data Broker Accused Of Flouting Colo. Privacy Law
A Massachusetts data broker is violating a Colorado law barring the inclusion of personal cellphone numbers in online directories without permission, a proposed class action alleges.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
1st Circ. Revives Honeywell Ex-Manager's Bias Suit
The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.
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April 24, 2025
21 Democratic AGs Back Susman Godfrey In Trump EO Fight
Twenty-one Democratic attorneys general filed a brief Thursday supporting Susman Godfrey LLP's fight against President Donald Trump's executive order revoking its access to government resources, saying it threatens lawyers' freedom to represent clients disfavored by the government, such as when John Adams defended British soldiers accused in the Boston Massacre.
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April 24, 2025
GE Investors' $362.5M Deal Gets Final OK, Attys Get $70M
A New York federal judge on Thursday gave final approval to a $362.5 million deal and awarded attorneys from Kessler Topaz Meltzer & Check LLP and Grant & Eisenhofer PA nearly $70 million in attorney fees for their work in a class action that accused General Electric Co. of fraudulently concealing cash flow problems.
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
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April 24, 2025
Mass. DA Says No Basis For Contempt Against ICE Agent
The chief prosecutor for Boston said Thursday he will not pursue a criminal contempt complaint against a U.S. Immigration and Customs Enforcement agent who took a defendant into custody in the middle of a trial last month, calling a state court judge's finding and referral "patently illegal."
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April 24, 2025
Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit
Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.
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April 24, 2025
SEC Annuity Fraud Case Ends In Mixed Verdict
A federal jury cleared a Massachusetts investment adviser and his firm of two of three claims in a U.S. Securities and Exchange Commission case claiming they secretly earned commissions from clients' annuity plans.
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April 24, 2025
Red Sox TV Network Wins Civil Judgment In Fraud Suit
The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
Audi Dealership Says Former Manager Lured Away Workers
A Massachusetts Audi dealership said a former general manager violated a nonsolicitation agreement by going to work for another Audi dealership 15 miles away and convincing six others to join him.
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April 23, 2025
Standing May Doom Academic Groups' Suit Over Removals
A Massachusetts federal judge on Wednesday declined to consider a request by a group of academic organizations to immediately bar the government from deporting students and faculty over pro-Palestinian activity, and hinted that he may dismiss the complaint for lack of standing.
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April 23, 2025
Feds Ask 1st Circ. To Pause Block On '3rd Country' Removals
The Trump administration has asked the First Circuit to lift an order restricting deportations to countries where migrants have no prior ties and may face safety risks, describing the Massachusetts federal judge's ruling as an "unlawful" overreach.
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April 23, 2025
Judge Exits Allied Wallet Exec's Trial Over Plea Interference
A Massachusetts federal judge agreed to step aside Wednesday from the criminal bank fraud case of a former Allied Wallet executive after acknowledging that he had improperly inserted himself into plea negotiations.
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April 23, 2025
Mass. Governor Nominates 2 To Superior Court
Massachusetts Gov. Maura Healey has moved to fill two of four Superior Court judicial vacancies in the western part of the state, weeks after a group of lawmakers complained of case delays and cancellations due to a lack of available judges.
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April 22, 2025
Ship Co. Loses Seizure Bid In $12M Arbitration Dispute
A Mississippi federal judge on Tuesday nixed litigation by a U.S. shipping charter firm that asked to seize a deep-sea motor vessel as it looks to enforce more than $12 million of arbitral awards against a Mexican maritime company, ruling that the court lacks jurisdiction.
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April 22, 2025
Real Estate Investor Cops To $19M Loan Fraud
A Massachusetts real estate investor pled guilty Tuesday to defrauding multiple lenders of more than $19 million by submitting forged leases and rent rolls in support of $60 million worth of loan applications, federal prosecutors said.
Expert Analysis
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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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.