Massachusetts

  • September 17, 2020

    Feds Resist Merging Kickback Suits Against Teva, Regeneron

    Massachusetts federal prosecutors are trying to ensure that two False Claims Act suits accusing Teva Pharmaceuticals USA and Regeneron Pharmaceuticals of illegally paying charitable foundations to cover copays for its drugs are kept separate.

  • September 17, 2020

    Conn., Tribes Can Intervene In MGM Suit Over $300M Casino

    A D.C. federal judge ruled Wednesday that the state of Connecticut, the Mohegan Tribe of Indians of Connecticut and the Mashantucket Pequot Tribe can step in and request dismissal of MGM Resorts Global Development LLC's lawsuit seeking review of the federal government's approval of changes to gaming deals connected to the tribes' $300 million casino project. 

  • September 17, 2020

    IRobot Blames Stock Drop On Trump Uncertainty, Not Fraud

    Roomba vacuum maker iRobot Corp. told a Massachusetts federal judge Thursday that President Donald Trump's unpredictable nature and the trade war he started with China are to blame for a 2018 stock price drop, arguing company executives were open about the uncertainty.

  • September 17, 2020

    5 More Companies Raise $2.4B As IPO Market Keeps Rolling

    Telehealth company American Well Corp. led a pack of five issuers from a range of industries that went public Thursday and raised a combined $2.4 billion during a gangbuster week for initial public offerings.

  • September 17, 2020

    Mass. Courts Hope To Resume Jury Trials In October

    Jury trials in Massachusetts state courts could resume as early as next month after being shut down due to the COVID-19 pandemic, according to an updated order from the state's Supreme Judicial Court on Thursday.

  • September 17, 2020

    Uber Says Driver Who Was Shot In Head Must Arbitrate

    Uber Technologies Inc. told a Massachusetts federal court Wednesday that only an arbitrator can decide whether the company owes disability pay and other benefits to a former driver who was repeatedly shot in the head while picking up a rider in Boston.

  • September 16, 2020

    1st Circ. Upholds NLRB Ban On Union Lobbying Dues

    The First Circuit on Tuesday upheld a National Labor Relations Board ruling that private sector unions cannot use fees from non-union workers to cover their lobbying expenses, finding the board followed U.S. Supreme Court guidance that lobbying is a political activity not germane to collective bargaining.

  • September 16, 2020

    DC Circ. Asked To Halt EPA's Rollback Of Methane Regs

    A coalition of environmental groups have asked the D.C. Circuit to stay the Trump administration's rule gutting Obama-era regulations that clamped down on methane emissions from new and modified oil and gas infrastructure, calling the move's rationale "flimsy, counterfactual and outcome-driven."

  • September 16, 2020

    Harvard Asks 1st Circ. To Uphold Race-Conscious Admissions

    Harvard University and a group suing the Ivy League school alleging racial discrimination in the admissions process each told the First Circuit in lengthy oral arguments Wednesday that the burden is on the other to make its case.

  • September 16, 2020

    Wary Law Schools Give Remote Learning The Old College Try

    Students and professors are doing their best to adjust to a new and, they hope, temporary normal, but say there are significant challenges to delivering a quality legal education from afar.

  • September 16, 2020

    NY Sports Club Owner's Ch. 11 Strategy Draws Court Concern

    The parent company of New York Sports Club told a Delaware bankruptcy judge Wednesday that it had reached a deal with warring creditors that would allow for a Chapter 11 sale process to commence, but the court voiced concerns over the proposed timeline in the case.

  • September 16, 2020

    Cable Unbundling Law Gets Poor Reception In 1st Circ.

    A Maine law that would force cable companies to unbundle channels — even letting viewers subscribe to a single Boston Red Sox game — met with skepticism Wednesday from a First Circuit panel that seemed attuned to the cable industry's free speech challenge.

  • September 15, 2020

    Justices Urged To Tackle Teamsters, Sun Capital ERISA Suit

    A financial reform group is backing a Teamsters pension fund's petition for U.S. Supreme Court review of a First Circuit decision that nixed the pension fund's win on a $9.4 million withdrawal liability tab, saying the circuit court misinterpreted ERISA. 

  • September 15, 2020

    DOJ Defends Clearance Of Co-Op's $433M Dean Foods Buy

    The U.S. Department of Justice has told an Illinois federal judge to disregard the lone commenter weighing in on a deal to allow cooperative Dairy Farmers of America to move ahead with its $433 million purchase of assets from bankrupt milk producer Dean Foods, saying his remarks don't change the analysis of the transaction. 

  • September 15, 2020

    Ex-Acclarent Execs Can't Slip Misbranding Convictions

    A Massachusetts federal judge has declined to toss the convictions of two former Acclarent executives found guilty of skirting medical device safety laws, rejecting their argument that the charges criminalized free speech even as she had reservations about the government's case.

  • September 15, 2020

    USPS Points Finger At States Over Pre-Election Changes

    The U.S. Postal Service struck back at states suing to undo service changes before the November election, arguing to a Washington federal court Tuesday that they lacked standing to sue and that their concerns about delayed mail-in ballots were "speculative."

  • September 15, 2020

    Mass. Top Court Faces Identity Crisis Amid Vacancies

    With the sudden death of Massachusetts Supreme Judicial Court Chief Justice Ralph D. Gants and the impending retirement of Associate Justice Barbara A. Lenk, attorneys who practice before the state's top court will now have to reacquaint themselves with a panel that has already undergone significant turnover in recent years.

  • September 15, 2020

    Dana-Farber Tells Fed. Circ. Not To Revisit Inventorship Ruling

    The Dana-Farber Cancer Institute is urging the full Federal Circuit not to reconsider a panel decision requiring a pair of American scientists to be named as co-inventors on patents involved in Nobel Prize-winning cancer research.

  • September 15, 2020

    Chamber Asks Full 9th Circ. To Redo Amazon Driver Ruling

    The Chamber of Commerce said Monday that a split Ninth Circuit panel paved the way for even costlier litigation when it upended the standard for enforcing workers' arbitration agreements and allowed Amazon Flex drivers making only local deliveries in one state to pursue their employment claims in court.

  • September 14, 2020

    'A Devastating Loss': Mass. Legal Community Mourns Gants

    Massachusetts Supreme Judicial Court Chief Justice Ralph D. Gants was remembered as a "giant" of the Bay State legal community and a "champion for access to justice," as attorneys and public officials reacted with shock Monday following the respected jurist's sudden death.

  • September 14, 2020

    Mass. Town Killing Casino By 'Thousand Cuts,' 1st Circ. Hears

    An attorney for a Martha's Vineyard town told the First Circuit on Monday its zoning laws give it such sway over a tribe's proposed casino that it could dictate the building's paint color, prompting the tribe's lawyer to complain that the long-stalled project was being killed by "a thousand cuts."

  • September 14, 2020

    Uber Says Mass. Driver's 1st Circ. Injunction Fight Is Moot

    Uber has told the First Circuit that a Massachusetts driver whose suit was transferred to California can't try to upend the ride-hailing giant's practice of classifying drivers as independent contractors with overblown claims that it's flouting Massachusetts wage laws and diminishing labor standards.

  • September 14, 2020

    States Tell DC Circ. EPA Unlawfully Rescinded Methane Regs

    New York and California, joined by more than 20 other state and local governments, launched a challenge at the D.C. Circuit on Monday to the Trump administration's gutting of Obama-era regulations that clamped down on methane emissions from new and modified oil and gas infrastructure.

  • September 14, 2020

    Mass. Chief Justice Ralph Gants Is Dead At 65

    Chief Justice Ralph D. Gants of the Massachusetts Supreme Judicial Court died Monday at 65, less than two weeks after undergoing surgery following a heart attack.

  • September 14, 2020

    Actavis $19M Deal In ADHD Drug Antitrust Suit Gets Initial OK

    A Massachusetts federal judge has given her initial approval of a $19.9 million settlement deal between pharmaceutical company Actavis and the direct purchaser class in a lawsuit that accused the company, along with fellow pharma company Shire, of conspiring to delay sales of a generic version of the attention deficit hyperactivity disorder medication Intuniv.

Expert Analysis

  • Series

    AGs In A Pandemic: Fox Talks Montana Meatpacking

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    Montana Attorney General Tim Fox discusses his efforts with other state attorneys general to push federal authorities to pursue an antitrust investigation of the beef processing industry, and the importance of maintaining competitive markets and protecting consumers during the COVID-19 pandemic.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • What Nonprofits Should Learn From AG Lawsuits Against NRA

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    The recent New York and D.C. attorneys general lawsuits against the National Rifle Association show that states are aggressively policing nonprofits — including activities ordinarily monitored by federal agencies — and should put organizations on notice of regulators' enforcement priorities, say attorneys at WilmerHale.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • Series

    AGs In A Pandemic: Healey Talks Mass. Worker Safety

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    Massachusetts Attorney General Maura Healey explains how her office is responding to workplace safety concerns and ensuring businesses are following health directives during the pandemic, despite such enforcement being outside her office's traditional portfolio.

  • Courts Are Right To Limit Disclosure Requirements For Cos.

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    The First and Ninth Circuits were right to recently affirm that manufacturers are not automatically liable for not disclosing facts that might affect a consumer's purchase decision, because plaintiffs should not use consumer protection laws to enforce personal moral, ethical or political preferences, say Jonah Knobler and Brandon Trice at Patterson Belknap.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Data Security Best Practices For Licensed Lenders' Telework

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    Now that state-licensed lenders are allowed to conduct loan activities from home due to the pandemic, they need to optimize their remote working environments in a secure manner by leveraging third-party solutions and prioritizing cybersecurity compliance reviews, say attorneys at Buckley.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

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