Massachusetts

  • September 28, 2022

    Ex-Gerber Exec Fired For Conduct, Not Gender, Judge Rules

    A Massachusetts federal judge knocked down a former sales director's gender discrimination suit against Gerber Life Insurance Co., after pointing to years of evidence that her faulty leadership skills, not her gender, led to her termination.

  • September 28, 2022

    Whole Foods Can't Ditch Shopper's Door Injury Suit

    Whole Foods was denied a win Tuesday in a suit filed by a woman who was injured by an automatic door at one of the grocery giant's stores.

  • September 27, 2022

    Biogen Whistleblower's $250M Award 'Extraordinary' For FCA

    A former pharmaceutical manager's $250 million cut of Biogen's $900 million payments-for-prescriptions settlement is among the largest whistleblower awards in U.S. history, delivering a shot of adrenaline to other False Claims Act cases not backed by the U.S. Department of Justice's muscle, attorneys said Tuesday.

  • September 27, 2022

    Ex-Boston Top Cop Says Atty's Report Key To Defamation Suit

    A Boston Police Department commissioner who was fired over domestic abuse allegations argued Tuesday that his defamation suit against the city requires testimony from a Davis Malm PC attorney who compiled a report on the claims.

  • September 27, 2022

    Indiana Abortion Ban Challenged By Satanic Temple

    The state of Indiana is facing another lawsuit contesting its near-complete bar against abortion, this time by Massachusetts-based Satanic Temple, which says the law at issue flouts its members' rights.

  • September 27, 2022

    Ex-Tax Atty Disbarred In NJ Over Stock Fraud Conviction

    The New Jersey Supreme Court has removed a former attorney for Swiss law firm Anaford AG from the New Jersey bar over his conviction in Massachusetts federal court for facilitating a pump-and-dump stock fraud scheme. 

  • September 27, 2022

    American-JetBlue Accord Will Cost Flyers Billions, Judge Told

    A Massachusetts federal judge heard contrasting views on a partnership between American Airlines and JetBlue during the start of a closely watched antitrust case Tuesday, with the government claiming the accord will cost travelers billions and the carriers touting increased competition with Delta.

  • September 27, 2022

    Keurig Slams Rival's 'Flawed' Bid To Duck Trade Secrets Case

    Keurig told a Massachusetts federal judge that SharkNinja is trying to sweep a trade secrets suit under the rug by ignoring the complaint's allegations and the plain language of a former executive's noncompete agreement.

  • September 26, 2022

    Biogen Finalizes $900M Deal To End Feds' Kickback Claims

    A Massachusetts federal judge gave the final green light Monday to a deal that will see Biogen Inc. pay $900 million to settle decade-old claims with the federal government, as well as several states, that the company paid illegal kickbacks to doctors and other health care professionals.

  • September 26, 2022

    Delta Exec Ordered To Testify At Rivals' Antitrust Trial

    Federal prosecutors can enforce a subpoena to compel a Delta Air Lines executive to testify at a bench trial set to start this week in a suit that alleges a partnership between two rival airlines is quashing competition in the transportation industry.

  • September 26, 2022

    Mass. Transit Agencies Sued Over Cyclist's Death By Train

    The estate of a man killed while riding his bike at a Massachusetts commuter train station filed a wrongful death suit Monday against multiple Greater Boston transit agencies, claiming unsafe conditions at a pedestrian crosswalk have led to numerous deaths dating back at least a decade.

  • September 26, 2022

    Asset Manager Wrongly Nixed Long-COVID Benefits, Suit Says

    A Massachusetts investment management employee who contracted COVID-19 and suffered debilitating long-term symptoms for more than a year is seeking back pay after his disability payments were canceled during his recovery, according to a federal complaint.

  • September 26, 2022

    Microcap Co. Exec Settles SEC Fraud Suit After Guilty Plea

    The former chief executive of an Ohio company has settled claims by the U.S. Securities and Exchange Commission that he fraudulently skirted stock restrictions, following his guilty plea in related criminal charges that resulted in a two-year prison sentence.

  • September 26, 2022

    Catching Up With Delaware's Chancery Court

    The First State's court of equity took on a lot last week, roundly rejecting a shareholder's settlement, putting a deal for a cellphone tower builder on hold, highlighting a gap in a board's accountability for sexual harassment, and denying a famous billionaire a do-over in discovery. Get ready for the week ahead by catching up on what you missed in your weekly wrap-up of news from the Delaware Chancery Court.

  • September 23, 2022

    Celtics Used Law Firm To Investigate Suspended Coach

    A confidential report by a respected law firm the Boston Celtics hired this summer to investigate head coach Ime Udoka's workplace conduct convinced the team to suspend Udoka for the upcoming season and left his future with the organization in limbo, team executives said Friday.

  • September 23, 2022

    Judge Cuts Some Of Atum's Claims In Gene Therapy IP Row

    A Massachusetts federal judge has trimmed biotechnology company Atum's fraud and mismanagement counterclaims in rival SalioGen's trade secrets suit against it over genomics technology, but allowed Atum's arguments over the ownership of those trade secrets to proceed since a substantial controversy exists.

  • September 23, 2022

    DOJ Swerve On Mass. Judge Indictment Leaves Attys Queasy

    The sudden dismissal of criminal charges against a Massachusetts judge who allegedly helped an undocumented immigrant evade federal agents left some attorneys fearing that politics played an outsized role in the controversial case from start to finish.

  • September 23, 2022

    Fla. Senator Sues DeSantis Over $1.5M Paid To Fly Migrants

    Democratic Florida state Sen. Jason Pizzo has sued GOP Gov. Ron DeSantis and administration officials over the constitutionality of using $1.5 million of COVID-19 relief funds to fly migrants from near Texas' southern border to Martha's Vineyard in Massachusetts, accusing officials of spending taxpayer money on such programs before certain requirements were met.

  • September 23, 2022

    'Varsity Blues' Dads Say Recent Ruling Bolsters Their Appeal

    A pair of parents convicted in the "Varsity Blues" college admissions scandal on Friday pointed the First Circuit to a ruling by a different judge involved in the high-profile case as proof that prosecutors relied on an invalid legal theory during their trial.

  • September 23, 2022

    Former EBay Exec Seeks House Arrest For Stalking Plea

    The last of seven former eBay workers to cop to cyberstalking charges for harassing a pair of e-commerce bloggers argued Friday for a no-prison sentence, saying his role in the scheme was limited to two days of surveillance.

  • September 23, 2022

    2 Men Plead Guilty In Alleged $30M Forex Fraud Scheme

    Two men pled guilty Friday to conspiracy charges for allegedly coaxing investors into giving them money for foreign exchange trades, then fabricating large trading losses and laundering $30 million in proceeds around the globe.

  • September 23, 2022

    PE Giant Advent Hires Ropes & Gray Atty For Top Legal Spot

    Private equity firm Advent International Corp. has named Ropes & Gray partner Amanda McGrady Morrison as managing director, a job in which she will assume the responsibilities of general counsel and chief legal officer, the firm said Thursday.

  • September 22, 2022

    Breaking Down The DOJ's American-JetBlue Antitrust Trial

    American Airlines and JetBlue's highly anticipated showdown with the Biden administration in an upcoming antitrust trial stands to affect how intensely competition enforcers scrutinize future airline combinations, code-share agreements and joint ventures. Here, Law360 takes a closer look at the case.

  • September 22, 2022

    Sen. Judiciary Advances Journalism Competition Bill With Fix

    The Senate Judiciary Committee voted Thursday to advance a bill that would allow certain journalism outlets to collectively negotiate with major tech companies over payment for their content after adopting an amendment barring content moderation issues from the talks.

  • September 22, 2022

    HarbourVest Partners Secures $3B For Its 12th Fund

    Global private markets firm HarbourVest Partners announced on Thursday that it has closed its 12th flagship fund at $3 billion, well over its target of $2 billion.

Expert Analysis

  • Dropped FCPA Case Holds Key Reminder For Defense Attys

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    The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • How Inflation Reduction Act Will Lift Offshore Wind Projects

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    The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • Where States Stand On The Legality Of Abortion

    Excerpt from Practical Guidance
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    In light of Indiana recently joining 19 other states in criminalizing abortion prior to viability, Amanda Zablocki and Mikela Sutrina at Sheppard Mullin review the current slate of state abortion laws and their broader implications.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • 9th Circ. Accidental Death Ruling Raises Critical ERISA Issue

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    The Ninth Circuit’s recent ruling in Wolf v. Life Insurance Co. of North America helps clarify whether accidental death insurance covers reckless conduct, and raises an important Employee Retirement Income Security Act principle about claim denial that will likely affect future cases, says Mark DeBofsky at DeBofsky Law.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

  • New Mass. Law A Step Forward For Offshore Wind

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    Recently enacted legislation in Massachusetts demonstrates the state's commitment not only to its renewable energy and greenhouse gas reduction goals, but specifically to supporting development of offshore wind projects — as well as development of transmission infrastructure to connect those projects to the grid, say attorneys at Day Pitney.

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