Massachusetts

  • September 14, 2020

    Pandemic Drives New York Sports Club Parent Into Ch. 11

    The parent company of New York Sports Club filed for Chapter 11 protection in Delaware bankruptcy court Monday, becoming the latest U.S. gym to enter bankruptcy in the face of the COVID-19 pandemic.

  • September 11, 2020

    Trump Admin. Claims USPS Delays Are Thanks To Pandemic

    The Trump administration urged a D.C. federal judge Friday not to block operational changes to the U.S. Postal Service that a coalition of states claim threaten election mail, arguing that staffing shortages are due to the COVID-19 pandemic and equipment and overtime changes were routine.

  • September 11, 2020

    15 Firms To Steer IPOs Totaling $6.7B Amid Market Blitz

    Fifteen law firms will guide at least 12 initial public offerings set to price during the week of Sept. 14 that could surpass $6.7 billion combined, steering a technology-heavy lineup of issuers seeking to capitalize on a post-Labor Day blitz of capital markets activity.

  • September 11, 2020

    ADHD Med Buyers Can't Yet Appeal Class Cert. Denial

    A First Circuit panel has denied a bid by consumers to immediately appeal a Massachusetts federal court's refusal to certify their class in an antitrust suit alleging Shire and Actavis delayed alternatives for Intuniv, a medication for attention deficit hyperactivity disorder.

  • September 11, 2020

    Insys Boss Tells 1st Circ. Feds Made Him Opioid 'Scapegoat'

    Arguing for a new trial Friday, Insys Therapeutics Inc. founder John Kapoor told the First Circuit that prosecutors unfairly made him "a scapegoat for the national opioid crisis" and sought to sway jurors with heartbreaking but irrelevant testimony by addicted patients.

  • September 11, 2020

    Taxation With Representation: Latham, Ropes, DLA Piper

    In this week's Taxation With Representation, marketing firm Advantage Solutions goes public in a $5.2 billion merger, Baring Private Equity Asia buys IT business Virtusa for $2 billion, and Israel's Arko Holdings inks a $1.4 billion merger.

  • September 11, 2020

    Conagra Says Presuit Letter Dooms False Ad Claim Over Oil

    Conagra Brands Inc. urged a Massachusetts federal judge Friday to throw out a proposed class action alleging that it misled consumers by claiming its cooking oil was "100% natural," saying the named plaintiff's presuit demand letter did not live up to state law requirements.

  • September 11, 2020

    1st Circ. Debates If RI Climate Suit Belongs In Federal Court

    First Circuit judges Friday questioned the contention that Rhode Island's suit seeking climate change-related infrastructure damages from fossil fuel companies belongs in federal court because the companies were at times working at the federal government's behest.

  • September 11, 2020

    Mass. Top Court Extols Gov's 'Darn Good Job' In Virus Fight

    Massachusetts' top court on Friday expressed skepticism that local boards of health or the Legislature could have done a better job combating the COVID-19 pandemic than Gov. Charlie Baker, casting doubt on a challenge to his sweeping emergency orders.

  • September 10, 2020

    Trump Can't Exclude Unauthorized Immigrants From Census

    A trio of New York federal judges on Thursday shut down President Donald Trump's attempt to not count unauthorized immigrants in the 2020 census, ruling that the policy blatantly violates federal law governing the census and apportionment and that the case need not be litigated any further.

  • September 10, 2020

    States' Suit Over USPS Changes Before Election Fast-Tracked

    A Philadelphia federal judge said Thursday that he would expedite a lawsuit brought by multiple states seeking to reverse changes that allegedly slowed down the U.S. Postal Service, shortly after 14 more states joined the fray with a similar petition for an injunction in Washington state.

  • September 10, 2020

    State AGs Say Drugmakers Want To Delay Price-Fixing Trials

    A contingent of state attorneys general suing generic-drug makers over allegations of price-fixing as part of a sprawling multidistrict litigation have said that drugmakers' proposed schedule for four bellwether cases would delay the first trial for months longer than necessary.

  • September 10, 2020

    7-Eleven Beats Mass. Franchisees' Misclassification Suit

    A Massachusetts federal judge threw out a group of 7-Eleven franchisees' lawsuit claiming they are misclassified as independent contractors, saying Thursday that defining all franchisees as employees "would eviscerate the franchise business model."

  • September 10, 2020

    Coronavirus Litigation: The Week In Review

    Tiffany & Co. says luxury goods conglomerate LVMH can't point to COVID-19 to ditch its $16.2 billion acquisition of the jeweler, Princess Cruise Lines opposes certification of a class of customers suing over its virus response, and court battles continue over a growing push for mail-in voting during the pandemic. 

  • September 10, 2020

    Air Balloon Co. Says $1.4M Chinese Arbitral Award Isn't Valid

    A former sightseeing balloon manufacturer has urged a Massachusetts federal court to refuse enforcement of a $1.4 million arbitral award issued to a Chinese tourism company after the balloon maker allegedly backed out of a purchase order, saying the company's claims are fraudulent.

  • September 10, 2020

    AGs Seek Early Win In Challenge To ACA Civil Rights Rollback

    The 23 Democratic attorneys general challenging the Trump administration's rollback of civil rights protections for women, LGBTQ people and non-English speakers in health care settings are pursuing an early win in their lawsuit, arguing in New York federal court Thursday that the move flouted the Affordable Care Act and U.S. Supreme Court precedent.

  • September 10, 2020

    Mass. Eviction Halt Can Stay, But Gov. Gets No 'Blank Check'

    Massachusetts' temporary ban on most types of evictions can stay in place for now, a federal judge said Thursday, while also stressing that the pandemic is not a "blank check" for the governor and that there will come a time when the moratorium has gone on too long to pass constitutional muster.

  • September 10, 2020

    Shot In The Head, Hit By A Car: Uber Drivers Sue For Benefits

    Full-time Uber driver Pedro Fontes was waiting to pick up a passenger on Cushing Avenue in Boston's Dorchester neighborhood when an unknown attacker shot him in the head multiple times.

  • September 10, 2020

    'Could Uber Terms Be Clearer?' Mass. Top Court Asks

    Massachusetts' top court questioned whether Uber Technologies Inc.'s terms of service were clear enough to require arbitration, asking an attorney for the ride-hailing giant Thursday why the company did not make agreeing to its terms and conditions more conspicuous for users.

  • September 10, 2020

    Goodwin, Ropes Steer $2B PE Takeover Of IT Outsourcing Biz

    Baring Private Equity Asia has agreed to buy consulting and IT outsourcing business Virtusa Corp. for roughly $2 billion, the companies said Thursday, in an all-cash agreement built by Goodwin Procter and Ropes & Gray.

  • September 09, 2020

    Amazon Wants Out Of Whole Foods BLM Face Mask Suit

    Amazon.com Inc. asked a Massachusetts federal court on Wednesday to let it out of a suit claiming the online retail behemoth and its grocery unit Whole Foods Market Inc. unlawfully disciplined employees who wear Black Lives Matter face masks.

  • September 09, 2020

    1st Circ. Keeps Harvard Pilgrim's ERISA Coverage Win

    The First Circuit on Wednesday backed a Massachusetts federal judge's decision that Harvard Pilgrim Health Care doesn't have to cover a woman's inpatient mental health costs under the Employee Retirement Income Security Act, after previously reviving the suit in 2018.

  • September 09, 2020

    1st Circ. Says Energy Price Antitrust Row Is FERC's Domain

    The First Circuit on Wednesday refused to revive a small electricity reseller's proposed class action accusing Eversource Energy and Avangrid Inc. of artificially inflating wholesale power prices, saying the claims improperly target rates set by federal regulators.

  • September 09, 2020

    15 State AGs Join Arctic Refuge Drilling Fight

    Fifteen state attorneys general and several Native American tribes on Wednesday sued the U.S. Department of the Interior over its approval of a plan for oil and gas drilling in a pristine section of Alaska, saying there was an insufficient review of the environmental consequences.

  • September 09, 2020

    DC Circ. Sends Clash Over FCC 5G Upgrade Order To 9th Circ.

    The D.C. Circuit has granted the Federal Communications Commission's bid to transfer to the Ninth Circuit a challenge by several major U.S. cities over the regulator's recent order limiting local governments' authority to block new 5G mobile sites under local building and zoning rules.

Expert Analysis

  • What Presidential Election Means For Securities Regulation

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    In this brief video, Amy Greer and Valerie Mirko at Baker McKenzie explore what a change in administration after November's presidential election could mean for securities regulation, including for the U.S. Securities and Exchange Commission's Regulation Best Interest, the U.S. Department of Labor's recent fiduciary proposal and state enforcement efforts.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • Rebuttal

    Health Workers Need Better COVID-19 Liability Protections

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    Contrary to a recent Law360 guest article arguing that COVID-19 liability protections for health care workers endanger patients, providers treating patients with the virus urgently need additional legal safeguards, given the constantly changing medical guidance during the pandemic, says Michael Feeney at Matis Baum.

  • 1st Circ. Ruling Is Cautionary Trade Secret Tale For Employers

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    The First Circuit’s recent rare decision to overturn a trade secret misappropriation verdict and invalidate a nondisclosure agreement in TLS Management v. Rodriguez-Toledo reminds employers of the high bar for asserting misappropriation claims, and of the need for narrowly tailored restrictive covenants, says Dawn Mertineit at Seyfarth.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • Mass. Clean Peak Standard's Success Will Hinge On Details

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    Massachusetts designed its new clean peak energy standard to incentivize the performance of renewable power resources when demand is high, but whether the program achieves its goals will depend on eligibility requirements, valuation of resources during different periods, and other details, says Zachary Gerson at Foley Hoag.

  • Opinion

    Time To Streamline E-Sign Act's Consumer Consent Process

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    Congress should pass the E-Sign Modernization Act as a first step toward removing the E-Sign Act's burdensome consumer consent requirement for electronic disclosures, but similar state legislation might be needed to ameliorate uncertainty surrounding electronic records, say Brian Casey and Patrick Hatfield at Locke Lord.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • Dealing With Prior DOJ Health Investigations During COVID-19

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    Although recent U.S. Department of Justice enforcement actions are a reminder that the pandemic has not wiped away preexisting investigations, the current environment may present providers with an opportunity to resolve those actions on favorable terms, says David Schumacher at Hooper Lundy.

  • Cross-Selling Strategies For Law Firms During Pandemic

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    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • Opinion

    COVID-19 Medical Malpractice Shield Laws Endanger Patients

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    Medical errors existed before COVID-19, as did laws to protect health care providers that made such errors — so recently enacted state and federal protections are unnecessary and threaten the safety of patients, says Kay Van Wey at Van Wey Presby.

  • Atty Media Interview Lessons From Trump's Axios Appearance

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    The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

  • Why Remote Depositions Are Likely Here To Stay

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    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • Opinion

    Biden's Climate Plan Overlooks Powerful GHG Weapon

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    Democratic presidential nominee Joe Biden's climate change plan omits the idea of setting a national ambient air quality standard for greenhouse gases — a powerful solution available immediately under the Clean Air Act, and likely strengthened by the U.S. Supreme Court's recent Bostock decision, says attorney Michael Quirke.

  • 7 Keys To Drafting Effective Legal Briefs

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    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

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