Massachusetts

  • October 12, 2021

    DraftKings, SPAC Execs Face New Suit Over 3-Way Merger

    A DraftKings investor alleges company leaders deceived shareholders and hurt the online gambling company's prospects when they backed a three-way merger with a special purpose acquisition company and a company tied to illegal gambling and organized crime, according to a derivative suit filed Friday in New York federal court.

  • October 12, 2021

    Ex-Coach Gets 1st 'Varsity Blues' Deferred Prosecution Deal

    A former Wake Forest University volleyball coach will avoid trial over his role in the "Varsity Blues" college admissions case after striking a rare deferred prosecution deal Tuesday that experts said may be intended as a government olive branch to other defendants still fighting charges.

  • October 12, 2021

    Purdue Ch. 11 Appeals To Be Heard Before Plan Effective Date

    A Manhattan federal judge said Tuesday that she would hear oral arguments in the appeals of Purdue Pharma's Chapter 11 plan on Nov. 30 after adopting a briefing schedule proposed by the debtors and saying that she is committed to an expedited appeal process.

  • October 12, 2021

    Top Court Won't Review Toss Of $1M Abbott Age Bias Award

    The U.S. Supreme Court said Tuesday it won't review a First Circuit decision that threw out an Abbott Laboratories employee's $1 million jury award and most of her age bias suit against the medical device company.

  • October 11, 2021

    Davis Polk, Skadden Design $11B Emerson-AspenTech Deal

    Emerson Electric will buy a majority stake in AspenTech and merge its own industrial software units into the target in a transaction with an equity value of $11 billion that was crafted by respective legal advisers Davis Polk and Skadden, the companies said Monday.

  • October 08, 2021

    25 States, DC Urge Justices To Restore ICWA

    Twenty-five states and the District of Columbia urged the U.S. Supreme Court on Friday to hear petitions on the Indian Child Welfare Act's constitutionality after the Fifth Circuit upheld and overturned parts of a lower court decision that found the law unconstitutional.

  • October 08, 2021

    Dems Want More Crypto Scrutiny To Fight Ransomware Swell

    A group of congressional Democrats is urging the Biden administration to do more to clamp down on the cryptocurrency payments that have fueled an explosion of ransomware attacks that have targeted critical infrastructure operators, private companies and governments across the U.S.

  • October 08, 2021

    Pot Biz Residency Rules To Face Biggest Challenge Yet

    There have been multiple challenges to state laws requiring cannabis business owners to be state residents, and one of them may spur a precedential decision on whether the dormant Commerce Clause of the U.S. Constitution applies to the federally illegal industry.

  • October 08, 2021

    Warren, Booker Urge AG Garland To Decriminalize Cannabis

    Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., on Friday said they have urged U.S. Attorney General Merrick Garland to use his authority to decriminalize marijuana by removing it from the list of federally controlled substances.

  • October 08, 2021

    Dems Ask FTC To Enforce Children's Privacy Policies

    A trio of Democratic lawmakers wrote to the chair of the Federal Trade Commission on Friday urging the agency to use its authority to ensure that tech companies are following recently announced policy changes to protect children and teenagers online.

  • October 08, 2021

    Real Estate Rumors: Wheelock, Apollo, X Caliber Funding

    Wheelock Street Capital has reportedly paid $106.4 million for a Florida hotel, Apollo Commercial Real Estate Finance and Prospect Ridge have reportedly loaned $133 million for a Boston condo building, and X Caliber Funding is said to have loaned $23 million for a Florida assisted living property.

  • October 08, 2021

    Canadian Creditors Seek Direct Appeal Of Purdue Ch. 11 Plan

    A group of Canadian creditors told a New York bankruptcy judge that they support consolidating the appeals for Purdue Pharma's Chapter 11 plan and that those appeals should be allowed to move directly to the Second Circuit.

  • October 08, 2021

    1st 'Varsity Blues' Trial Ends With Guilty Verdict

    A Boston federal jury on Friday convicted a former casino magnate and a hedge fund founder in the first trial over the "Varsity Blues" college admissions scandal, handing prosecutors a signature victory in a case that has ensnared dozens of corporate titans and celebrities and raised issues of wealth, class and corruption at elite American universities.  

  • October 08, 2021

    Taxation With Representation: Shearman, Latham, Boggs

    In this week's Taxation With Representation, Boston Scientific will buy Baylis Medical, Rigetti Computing will go public by merging with a special purpose acquisition vehicle, and investment firm Stonepeak will buy Teekay LNG Partners LP.

  • October 07, 2021

    PPP Loan Scammer Who Faked Suicide Gets Nearly 5 Years

    A man who applied for more than half a million dollars in fraudulent pandemic relief loans before faking his own suicide following his arrest and going on the run for three months was sentenced Thursday to close to five years in prison by a Rhode Island federal judge.

  • October 07, 2021

    Energy Cos. Spar At FERC Over $1B Transmission Project

    The developer of a proposed $1 billion transmission line told federal energy regulators Thursday that NextEra is obstructing the project by refusing to upgrade a circuit breaker, but NextEra countered that it can't be forced to foot the bill for improvements it won't benefit from.

  • October 07, 2021

    Moderna Faces Skeptical Fed. Circ. On Threat To COVID Shot

    A skeptical Federal Circuit panel questioned Thursday why Moderna only now is challenging the validity of patents used in the COVID-19 vaccine when it has been licensing the same technology for use in other vaccines for years.

  • October 07, 2021

    1st Circ. Satisfied That Hamilton Letter Is A Public Document

    The First Circuit has found that a 1780 letter penned by Alexander Hamilton to the Marquis de Lafayette belongs to the U.S. government, refuting a claim by a private estate that argued it had purchased the document in the 1950s.

  • October 07, 2021

    Fitness Chain's Reduced IPO Tops 3 Offerings Totaling $1.3B

    Latham-led fitness chain Life Time Group Holdings Inc. went public Thursday with a slimmed-down $702 million initial public offering, the largest of three offerings that raised $1.3 billion combined amid market volatility that prompted one company to delay IPO plans.

  • October 07, 2021

    18 Ex-NBA Players Indicted For Alleged $4M Health Plan Fraud

    Federal prosecutors in New York have charged 18 former National Basketball Association players for defrauding the league's health insurance benefit plan out of approximately $4 million, according to a criminal indictment unsealed Thursday.

  • October 07, 2021

    1st Circ. Doubts Tribe Is Immune From Bankruptcy Stay

    A First Circuit judge pushed back Thursday on the argument that Native American tribes are exempt from the federal law barring suits against debtors once they file for bankruptcy.

  • October 07, 2021

    Boston Builders Can't Delay $5.5M Judgment To Notre Dame

    A Massachusetts federal judge won't let a pair of Boston area contractors delay the execution of a $5.5 million arbitration judgment against them in a dispute with the English arm of the University of Notre Dame while they appeal the judgment.

  • October 07, 2021

    Real Estate Rumors: Gold Standard, Wafra, Longpoint

    Gold Standard of Care has reportedly paid $14 million for a Florida nursing home, Wafra Capital Partners is said to be buying a New York property for roughly $165 million, and a Longpoint Realty Partners entity has reportedly paid $16.56 million for two Florida warehouses.

  • October 07, 2021

    Latham, Skadden Steer Starry's $1.66B SPAC Deal

    Internet service provider Starry Inc. said Thursday it plans to go public by merging with a blank-check company in a deal valued at $1.66 billion, guided by Latham & Watkins LLP and Skadden Arps Slate Meagher & Flom LLP.

  • October 07, 2021

    Solo.io Grows Valuation Tenfold To $1B In One Year

    Application networking business Solo.io said Thursday it increased its valuation tenfold in a year to $1 billion for its Series C funding round that included Altimeter Capital, Redpoint Ventures and True Ventures.

Expert Analysis

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • Series

    Insurance Commissioner's Agenda: Del. Tackles Mental Health

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    Delaware Insurance Commissioner Trinidad Navarro highlights the state's efforts to achieve insurance coverage parity for mental health care by confronting systemic stigma and penalizing disparate and restrictive insurance determinations.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Series

    Insurance Commissioner's Agenda: Wis. Tackles Climate Risk

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    Wisconsin Commissioner of Insurance Mark Afable talks about educating consumers on potential climate-risk coverage gaps and mitigation efforts, and encouraging insurers to recognize the latter in underwriting, in the face of increasingly frequent and severe weather disasters.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How Court Ruling, DOE Guidance Change DeVos' Title IX Rule

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    A Massachusetts federal court's recent ruling in Victim Rights Law Center v. Miguel Cardona, striking down a controversial provision of the Trump administration's Title IX regulations, and subsequent Department of Education guidance will have a significant, immediate impact on Title IX investigations at higher education institutions nationwide, say attorneys at Hunton.

  • EPA, Army Corps Moves Herald New Enviro Permit Challenges

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    Recent comments from the U.S. Environmental Protection Agency urging analysis of the climate impacts of pipeline projects, and a directive from the U.S. Army Corps of Engineers to analyze environmental justice impacts of a petrochemical facility, indicate that federal environmental permitting is becoming more complex, say attorneys at King & Spalding.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • Key Considerations For Commercial Tenants Withholding Rent

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    As struggling commercial real estate tenants consider withholding rent during the pandemic, they should pay careful attention to state-specific laws regarding eviction proceedings and covenants to pay rent, say attorneys at Tabet DiVito.

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