Massachusetts

  • July 12, 2019

    'OrderMyOil.com' Too Generic For TM Claim, Mass. Court Says

    A Massachusetts appeals court on Friday said the internet domain name “OrderMyOil.com” presents the “rare instance” in which a trademark claim was properly dismissed, saying the term is generic even though the company behind the website has promoted it for years.

  • July 12, 2019

    Judge Wants More Time To Fight Charges Of Obstructing ICE

    Lawyers for an indicted Massachusetts state judge and court officer asked a Boston federal judge Friday for an additional five weeks to file dispositive motions, saying the "novel" prosecution over their clients' alleged efforts to help a man dodge immigration officers will require extensive research to rebut.

  • July 12, 2019

    Taxation With Representation: Skadden, Sullivan, Wachtell

    In this week’s Taxation With Representation, Piper Jaffray and Sandler O’Neill join forces in a $485 million merger, Cisco snaps up fiber optics company Acacia Communications for $2.6 billion, and Virgin Galactic merges with a special purpose acquisition company held by Social Capital and Hedosophia to create a $1.5 billion company.

  • July 12, 2019

    WPP's Kantar Stake Sale To Bain Values Unit At $4B

    British advertising and public relations company WPP said Friday it plans to sell a majority of its Kantar data and analytics business to Boston-based private investment firm Bain Capital in a cash deal that values the unit at about $4 billion.

  • July 12, 2019

    Boston Scientific Asks Judge To Toss Robocall Suit

    Boston Scientific asked a federal judge to toss a proposed class action accusing it of repeatedly calling a Texas man with automated invitations to sales events, saying in a motion Thursday the laws the man is trying to back his claim with do not match the facts in this case.

  • July 11, 2019

    1st Circ. Nixes 'Disingenuous' Removal Of Dominican Man

    The First Circuit on Thursday vetoed the removal of a Dominican man who claims he faces persecution for hosting political meetings at his grocery store in his home country, admonishing the Board of Immigration Appeals' "disingenuous" decision.

  • July 11, 2019

    Mass. Tribe Urges Judge To Stay Casino Permit Ruling

    A Martha’s Vineyard tribe asked a federal judge Thursday to stay his ruling that the tribe must secure municipal permits to build a casino from a Massachusetts town because the town actively opposes the project.

  • July 11, 2019

    Abiomed Exec Should Get Paid Despite Firing, 1st Circ. Told

    A former Abiomed executive who says the medical implant manufacturer fired him to avoid paying him a lucrative stock bonus told the First Circuit on Wednesday he is at least entitled to recoup the percentage of shares equaling his role in the deal that would have triggered the bonus.

  • July 11, 2019

    Premera Blue Cross To Pay States $10M To End Breach Probe

    Premera Blue Cross will pay $10 million to 30 states to settle allegations related to a 2014 data breach that compromised the personal information of more than 10.4 million people, according to announcements Thursday by state attorneys general.

  • July 11, 2019

    Cushman Asks 1st Circ. To Nix Atty Fee In Age Bias Suit

    Cushman & Wakefield filed a First Circuit brief Thursday arguing that a district judge's $280,000 attorney fee award in the case of an employee fired due to age discrimination should be vacated, saying the man's lawyers used excessive block billing and cited too many hours for interoffice communications in calculating the fee.

  • July 11, 2019

    Mass. Top Court Expands Hearsay Rule In Civil Cases

    Massachusetts' highest court ruled Thursday that a witness who cannot recall a particular conversation can be deemed "unavailable" and fall under one of the exceptions to the hearsay rule, ordering a new trial in the case of a woman who suffered permanent injuries after a surgery.

  • July 10, 2019

    The Top Deals Of The First Half And The Firms That Led Them

    The first half of 2019 saw no shortage of 11-figure M&A transactions, with firms like Wachtell and Kirkland leading some of the largest tie-ups to make headlines so far this year.

  • July 10, 2019

    Heritage Says Conn. Leaked Email About Congressional Probe

    Heritage Pharmaceuticals accused Connecticut's attorney general on Tuesday of including a privileged email in a new generic-drug price-fixing complaint that suggests the company tried to obstruct a congressional investigation.

  • July 10, 2019

    ACLU Sues Mass. DOT For Records On Face Surveillance

    The American Civil Liberties Union of Massachusetts sued the state's transportation department Wednesday for records about how it shares photographs from its driver's license database with other agencies for face surveillance purposes. 

  • July 10, 2019

    20 State AGs Seek Safe Conditions For Migrant Kids

    A coalition of 20 states urged a California federal court on Tuesday to stop the Trump administration from keeping migrant children in adverse detention conditions, arguing that immediate action is necessary for the sake of their safety and well-being.

  • July 10, 2019

    Asylum Bid Revived For Ghanaian Forced To Marry At 15

    A Ghanaian woman who was a child bride and suffered domestic abuse at the hands of multiple partners may get another chance to plead her case for asylum, the First Circuit held on Tuesday.

  • July 10, 2019

    Insys May Face Restitution Above $30M Penalty For Kickbacks

    A division of Insys Therapeutics Inc. will pay at least $30 million in criminal penalties and may face additional restitution payments following a sentencing hearing Wednesday after the company pled guilty in a scheme to bribe doctors to prescribe opioids to patients who didn't need them.

  • July 10, 2019

    Sprint, T-Mobile Tell Court Merger Will Benefit Consumers

    T-Mobile and Sprint's plan to merge into a single $56 billion mobile behemoth will make things better for consumers across the country, the companies told a New York federal judge in response to a challenge mounted by more than a dozen states.

  • July 10, 2019

    GSK Gets 2nd Chance To Argue Preemption In Zofran MDL

    A Massachusetts federal judge on Wednesday said GlaxoSmithKline will get another chance to argue that claims its anti-nausea drug Zofran caused birth defects are federally preempted, adding he will seek guidance from the FDA after a landmark high court ruling put the preemption question in his hands.

  • July 10, 2019

    McDermott Litigator Returns To Firm After 12-Year Gov't Stint

    A litigation partner in the Boston office of McDermott Will & Emery LLP has returned to the firm after more than a decade in the public sector, including more than four years working in the administration of Gov. Charlie Baker.

  • July 10, 2019

    Mass. Judge Rejects 6-Month Rule For Immigrant Detention

    A Massachusetts federal judge on Tuesday held that detaining noncitizens without a bond hearing violates due process when that detention is "unreasonably prolonged," but declined a class of immigrants' request to impose a bright-line definition at six months.

  • July 9, 2019

    Mass. Atty's Email Spoofed In Real Estate Con, Feds Say

    A Rhode Island man was indicted Tuesday on charges that he spoofed a Massachusetts attorney's email in order to con a real estate buyer out of hundreds of thousands of dollars, Bay State prosecutors announced.

  • July 9, 2019

    Blog Hit With Copyright Suit Over NFL Chief Clown Image

    Sports and pop culture blog Barstool Sports Inc. was hit with a copyright infringement suit in New York federal court Monday alleging the site didn't have permission to repeatedly use a stylized image of National Football League Commissioner Roger Goodell donning a clown nose.

  • July 9, 2019

    Deals Rumor Mill: Generali, WPP, Bayer

    Italian insurer Generali is said to be discussing a deal to buy Tranquilidade, WPP is reportedly about to unveil a deal to sell a stake in its Kantar unit to Boston-based Bain Capital, and Bayer is said to have reached out to Elanco about merging their animal health units.

  • July 9, 2019

    Can Data Solve BigLaw’s Diversity Problems?

    Even the most well-intentioned law firms can struggle to build and retain diverse teams. Those at the cutting edge are finding the answers could lie in their own internal data.

Expert Analysis

  • Misconceptions In The Debate About Noncompetes

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    The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

  • High Court Weakens State Laws For Liquor Retailers

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    The U.S. Supreme Court’s decision in Tennessee Wine & Spirits Retailers Association v. Thomas does not end the three-tier distribution system that has guided alcohol beverage laws since the end of Prohibition, but it does erode superficial jurisdictional boundaries for retail licensing, says Robert Lewis of Spiritus Law.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Defeating A State Tax False Claims Act Case

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    State-level False Claims Act tax lawsuits are on the rise, but two crucial distinctions between these suits and traditional tax administration give taxpayers a significant advantage in beating the FCA claims, say Marc Simonetti and Nicole Boutros of Pillsbury.

  • State Net

    California Bill Highlights Worker Misclassification Debate

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    A pending bill in California would change the status of hundreds of thousands of workers from independent contractors to employees. But legislation in other states reflects very different perspectives on the classification of gig economy workers, says Rich Ehisen of State Net Capitol Journal.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Questions For Employers In The Age Of Legalized Cannabis

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    The labor and employment landscape continues to evolve with cannabis legalization, and the policy considerations get especially complicated when states shift from legalized medical cannabis to legalized recreational cannabis, like Illinois did this week, say Bob Morgan and Margo Wolf O'Donnell at Benesch.

  • Senate Could Reaffirm Trust Land For Tribes

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    The U.S. Supreme Court's Carcieri and Patchak decisions have chilled investment in tribal trust land for nearly a decade, but two recent bills, if approved by the Senate, could restore certainty in tribes' sovereignty over trust land, say Robert Ward and Noah Gillespie of Schulte Roth.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • New Scrutiny For NDAs In Sexual Harassment Matters

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    Recent government scrutiny of nondisclosure agreements related to allegations of sexual harassment and misconduct against Steve Wynn and Harvey Weinstein raises the question of whether some uses of NDAs could amount to obstruction of justice or a violation of lawyers' ethical obligations, say attorneys at Cleary.

  • Digital Data Privacy One Year After Carpenter

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    Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

  • Perspectives

    Border Phone Search Questions Continue In Federal Court

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    A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

  • A New Way To Target Food Co. Supply Chain Practices?

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    Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

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