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Massachusetts
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February 21, 2024
39 AGs Call For Federal Pharmacy Benefit Manager Reform
The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."
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February 21, 2024
Mass. Landlords, Brokers Sued For Alleged Voucher Refusals
A national housing advocacy group on Wednesday sued 20 Boston-area landlords and real estate brokers in state court, alleging they illegally refused to rent apartments to potential tenants with housing vouchers.
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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
Boston Faces Suit Over Women's Soccer Stadium Project
The city of Boston was slammed with a complaint in Massachusetts Superior Court by a nonprofit organization seeking to halt the city's pending privatization of the George Robert White Memorial Stadium in order to transform it into a women's professional soccer stadium.
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February 21, 2024
Mass. High Court Pick Challenged Over Past With Governor
Massachusetts Gov. Maura Healey's pick for the state's highest court faced questions Wednesday about potential conflicts of interest arising from her past romantic relationship with the governor from members of the panel that votes to confirm judicial nominations in the state, a rare pushback by the Governor's Council.
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February 21, 2024
CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing
Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.
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February 21, 2024
Morgue Manager's Wife Cops To Role In Body Part Sales
The wife of a Harvard University morgue manager will cop to interstate transport of stolen goods for her role in the alleged scheme to steal and sell human remains to a nationwide network, prosecutors said Wednesday.
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February 21, 2024
Mass., Property Developer Strike Deal Over Wetlands Pollution
The state of Massachusetts and a nationwide residential property developer have settled claims the company caused sediment runoff in wetlands in a town about 16 miles south of Boston, in violation of the Clean Water Act.
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February 21, 2024
1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn
The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.
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February 21, 2024
Feds Seek 5 Years Over Red Sox Network Exec's Billing Fraud
Federal prosecutors are arguing for a prison sentence of more than five years for a former executive with the network that broadcasts Boston Red Sox and Boston Bruins games after he was convicted of stealing more than $575,000 from the company through a sham billing scheme.
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February 20, 2024
Crypto-Friendly Atty Challenges Warren For Senate Seat
An attorney known for his pro-crypto views and criticism of the U.S. Securities and Exchange Commission announced on Tuesday a campaign to unseat incumbent and crypto critic Sen. Elizabeth Warren in the Massachusetts senatorial race.
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February 20, 2024
How Future Litigators Are Training In A 'Flight Simulator'
Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.
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February 20, 2024
Angry Buyer Told Machine Seller, 'I'll Kill You All,' Jury Hears
Counsel for an Italy-based woodworking machinery manufacturer told an Atlanta federal jury Tuesday that their client's employees had been subjected to "profanity, and insults, and actual threats of physical violence" from a disgruntled customer who claimed his company had been sold a "lemon" of a high-tech wood cutting device.
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February 20, 2024
Warhol Faker Gets 37 Mos. As He Awaits Murder Trial
A Massachusetts man who is awaiting trial for allegedly murdering his wife was sentenced Tuesday to just over three years in federal prison for a yearslong scheme to sell forged artworks purporting to be original Andy Warhol pieces.
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February 20, 2024
Justices Decline Malpractice Dispute Over $6M Settlement
The U.S. Supreme Court on Tuesday declined to hear the appeal of a Massachusetts legal malpractice suit in which Lubin & Meyer PC was accused, and cleared by a lower court, of pressuring a family into accepting a $6 million settlement that the family claims could have been higher.
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February 20, 2024
Justices Pass On Discrimination Suit Over Calif. Bar Exam
The U.S. Supreme Court on Tuesday declined to hear a Massachusetts patent attorney's suit alleging age discrimination is baked into the California bar exam.
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February 20, 2024
Pot Shop Says Trade Group CEO Bungled License Bid
The leader of a cannabis industry trade group is being accused in a lawsuit of convincing the owner of a dispensary to invest in what he was promised would be a "guaranteed" license to operate another retail location, only to mishandle the process.
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February 20, 2024
High Court Denies Review Of Wrestler Attorney Sanctions
The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.
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February 20, 2024
1st Circ. Backs Genzyme Win In Worker's Race Bias Case
Genzyme Therapeutic Products LP saw its pretrial win in a discrimination case upheld by the First Circuit, which found that a Black manager did not offer enough proof to show that his poor performance review was the result of racial bias.
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February 16, 2024
Stop Trying To Relate To Jurors If You Liked Harvard: Judge
A senior federal district judge from Oregon on Friday urged intellectual property attorneys to stop pretending they can connect with juries when their backgrounds at times make it impossible to do so.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
DOJ Says $3M Antitrust Deal Doesn't Fix Commission Rule
The U.S. Department of Justice urged a Massachusetts federal court to reject a proposed $3 million settlement in an antitrust class action alleging a multiple listing service's commission rule inflated fees, saying the deal "perpetuates the very same competitive concerns that trouble the current rule."
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February 16, 2024
Carl Icahn, JetBlue Strike Deal For 2 Board Seats
JetBlue Airways said Friday it has reached a deal with Carl Icahn to place two of the billionaire's handpicked nominees on the JetBlue board, just days after Icahn unveiled a nearly 10% stake in the airline.
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February 16, 2024
Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound
The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.
Expert Analysis
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Pollutant Insurance Case Holds Clues For Ohio Train Litigation
A recent Rhode Island Supreme Court decision in Regan Heating v. Arbella could mean that the wide-reaching impacts of the February train derailment in East Palestine, Ohio, will trigger the enforcement of any total pollution exclusion contained in Norfolk Southern's commercial general liability policy, says Kayla O’Connor at Saxe Doernberger.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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4 Ways State Oversight May Change Nationwide Health Deals
With California soon to become the most recent state to increase its oversight of health care mergers, acquisitions and investments, attorneys should consider how these updated state regulations may increase the costs, timelines and disclosure requirements for national deals, say John Saran and Jaclyn Freshman at Ropes & Gray.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.
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4 Ways To Reboot Your Firm's Stalled Diversity Program
Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.
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States Shouldn't Fear HIPAA When Improving Gov't Services
As the looming end of the COVID-19 public health emergency motivates states to streamline their processes for individuals seeking public benefits, they should generally not have to worry about violating the Health Insurance Portability and Accountability Act when sharing data across government services, says Jodi Daniel at Crowell & Moring.
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DOJ's Google Sanctions Motion Shows Risks Of Auto-Deletion
The U.S. Department of Justice recently hit Google with a sanctions motion over its alleged failure to preserve relevant instant-messaging communications, a predicament that should be a wake-up call for counsel concerning the danger associated with automatic-deletion features and how it's been handled by the courts, say Oscar Shine and Emma Ashe at Selendy Gay.
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What To Expect From A Litigation Finance Industry Recession
There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.
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2 Privacy Rulings Highlight Browsewrap Agreement Risks
Companies should evaluate their use of browsewrap agreements and hybridwrap agreements to determine whether changes are appropriate to mitigate legal risk after two federal courts recently found defendants liable in cases that examined the enforceability of terms of use, say attorneys at Crowell & Moring.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Encouraging Labor Abuse Reports Beyond The PAGA Model
The recent stalling of several state bills modeled after California's Private Attorneys General Act, which would allow workers to sue on behalf of the state over labor violations, suggests budget-constrained regulators should consider alternative tools for incentivizing employees to flag workplace abuses, says Joseph Jeziorkowski at Valiant Law.
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John Deere And Farmers Get Creative On 'Right To Repair'
The recent pact between John Deere and the American Farm Bureau Federation, making the company's parts and technical information available to farmers and independent repair shops, is a milestone in the "right to repair" movement — and demonstrates an effective alternative to government mandates, say attorneys at Troutman Pepper.
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3 Emerging Legal Risks For Hospital-At-Home Programs
Given the massive recent expansions of the hospital-at-home model and its potential to fundamentally shift the way inpatient facilities deliver services, health providers considering long-term adoption should learn to navigate competing state and federal requirements designed for traditional hospital admission, say Devin Cohen and Brett Friedman at Ropes & Gray.
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A Chance For High Court To Resolve Superfund Circuit Split
If it agrees to hear Georgia-Pacific v. NCR, the U.S. Supreme Court could provide much-needed clarity regarding the Comprehensive Environmental Response, Compensation and Liability Act’s statute of limitations, as the circuit courts' varying interpretations will have immense consequences applied to real-world issues such as the recent Ohio train derailment, says James Skyles at Skyles Law.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.