Massachusetts

  • September 09, 2020

    1st Circ. Hesitant To Weigh In On Maine Virus Restrictions

    A First Circuit panel on Wednesday appeared reluctant to review a pair of challenges to Maine's COVID-19 response, suggesting in one appeal that the governor's decision to rescind a mandatory quarantine rule for out-of-state visitors may make that case moot.

  • September 09, 2020

    WilmerHale Builds Life Sciences Presence With Boston Hire

    WilmerHale said Wednesday it has boosted its Boston presence by adding an attorney from McDermott Will & Emery LLP who focuses on deals in the life sciences and digital health areas.

  • September 09, 2020

    Whistleblower Developments To Watch For As 2020 Wraps

    The U.S. Securities and Exchange Commission is preparing to vote on a controversial plan that would allow it to pare down the top whistleblower bounties, Congress is mulling big changes to whistleblower law, and state and local leaders are erecting safeguards for workers who speak up about virus-related problems. Here, Law360 looks at these and other whistleblower developments in the works that could affect employees who come forward and the companies they accuse.

  • September 08, 2020

    Big Pharma CEOs Vow No Shortcuts On COVID-19 Vaccine

    The CEOs of leading drugmakers on Tuesday pledged not to cut any scientific corners on COVID-19 vaccines that are being developed with unprecedented velocity, an announcement followed hours later by news of AstraZeneca pausing a vaccine trial for safety reasons.

  • September 08, 2020

    Septic Co. Sued For Flooding Restaurant With Feces

    A Vermont restaurant on Tuesday hit septic tank company Wind River Environmental LLC with a suit in Massachusetts federal court claiming the company flooded a restaurant with gallons of raw sewage when it came to clean a grease trap.

  • September 08, 2020

    Democratic AGs Return Fire In High Court Abortion Pill Row

    Nearly two dozen Democratic attorneys general asked the U.S. Supreme Court on Tuesday to stay out of a fight over the U.S. Food and Drug Administration's limits on abortion medication access, saying the agency's rules threaten public health during the coronavirus pandemic.

  • September 08, 2020

    Ex-Insys Execs Cite Virus, Family In Bid To Delay Sentences

    A pair of convicted Insys Therapeutics Inc. executives asked a federal judge Tuesday to delay the start of their prison terms until after the new year, citing the risk of contracting COVID-19 and a desire by one to be home for the holidays.

  • September 08, 2020

    Labor Department 'Joint Employer' Rule Struck Down

    A New York federal judge on Tuesday struck down most of a U.S. Department of Labor rule limiting when multiple businesses are liable to the same worker under federal wage law, removing a key plank of the Trump administration's workplace policy platform.

  • September 08, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Labor Day's influence on COVID-19 pandemic measures was apparent this week in places like New York, which ushered in new public health protections for workers and a coronavirus tracker for university students.

  • September 08, 2020

    Mass. Chief Justice Had Heart Attack, But Expects To Return

    Chief Justice Ralph D. Gants of the Massachusetts Supreme Judicial Court suffered a heart attack on Friday but is recovering and expects to resume his duties, according to a statement issued by the court Tuesday.

  • September 08, 2020

    Oil And Gas Groups Seek To Defend New EPA Water Rule

    Two energy industry groups want in on a court fight over a federal rule that limits states' and tribes' authority to block projects over Clean Water Act concerns, hailing the rule as a barrier against "procedural gimmicks" used to thwart the interests of their members.

  • September 04, 2020

    1st Circ. Sides With US Postal Service In Bus Crash Suit

    The First Circuit on Friday affirmed the dismissal of a suit seeking to hold the federal government liable for injuries suffered by two children after a U.S. Postal Service contractor's vehicle collided with a school bus, saying the government is immune under the Federal Tort Claims Act.

  • September 04, 2020

    HHS Unit Probes Funding For Moderna's Patented Vaccines

    A U.S. Department of Health and Human Services subagency said Friday that it is investigating whether Moderna Therapeutics was upfront about government funding in patent applications related to its work on the Zika vaccine and its closely watched COVID-19 vaccine candidate.

  • September 04, 2020

    Wage And Hour Developments To Watch In The End Of 2020

    As we head into the final months of 2020, wage and hour attorneys have plenty of developments they need to keep on their radar. Gig economy worker classification, an arbitration exemption for delivery drivers and Labor Department changes to tipped work are all poised to change the legal landscape.

  • September 04, 2020

    Mass. Top Court Backs Contracts Supporting $1B Power Line

    Massachusetts' top court has upheld power purchase agreements that the state's utilities brokered with developers of a $1 billion cross-border power line to purchase hydroelectricity from Canadian utility Hydro-Quebec, saying the contracts are valid under the state's clean energy procurement laws.

  • September 04, 2020

    Mass., NY ICE Courthouse Arrest Cases Different, Court Told

    A First Circuit panel's undoing of a preliminary injunction barring U.S. Immigration and Customs Enforcement from making arrests at Massachusetts courthouses has no bearing on a similar case currently before the Southern District of New York, the New York federal court was told in a letter.

  • September 04, 2020

    Lyft Tells 9th Circ. That Rideshare Drivers Must Arbitrate

    Lyft has called on the Ninth Circuit to rule that rideshare drivers must arbitrate their employment gripes, insisting these types of gig economy workers are distinct from the Amazon delivery drivers that the appeals court has said are exempt from arbitration law.

  • September 04, 2020

    3 Trends To Watch As Fall IPO Pipeline Gets Ready To Burst

    The initial public offerings market is entering its traditionally busy fall season with a robust pipeline of potential deals, bolstered by technology heavyweights, plus less renown companies and a resilient supply of blank-check companies hungry for acquisitions.

  • September 04, 2020

    Judge OKs Extradition Of Pair Charged In Ghosn Escape

    A former Army Green Beret and his son who are accused of smuggling disgraced former Nissan Motors CEO Carlos Ghosn out of Japan can be extradited to the country to face charges, a Massachusetts federal judge ruled Friday.

  • September 04, 2020

    Employment Suits To Watch 6 Months Into The Pandemic

    The pandemic has brought with it a wave of novel employment litigation, including lawsuits accusing businesses of not adequately protecting workers, denying disability accommodations and failing to notify workers before laying them off. Here, Law360 looks at six coronavirus-related employment suits to watch.

  • September 03, 2020

    Investor Sues To Halt J&J's $6.5B Momenta Buy

    A Momenta Pharmaceuticals Inc. investor wants to stop the company's $6.5 billion sale to Johnson & Johnson until Momenta supplies shareholders with complete information about the company's financial projections, according to a lawsuit filed Wednesday in Delaware federal court.

  • September 03, 2020

    Whole Foods Quashes Settlement Talk In BLM Mask Case

    A lawyer for Whole Foods Market Inc. vowed Thursday to continue fighting claims that the grocery chain discriminated against employees by banning Black Lives Matter face masks, disagreeing with a Massachusetts federal judge's prediction that it will settle in part to avoid having a "racist label" attached to it during litigation.

  • September 03, 2020

    'Varsity Blues' Mom Decries Virus Lockdown In Tiny Jail Cell

    A California woman in prison for bribing her daughters' way into college in the "Varsity Blues" case asked for an early release Thursday, citing harsh pandemic-induced measures including a 25-day lockdown mostly spent crammed in an 80-square-foot cell with another inmate.

  • September 03, 2020

    Activists Expand Effort To Expose Moderna's Vaccine Patents

    The Biomedical Advanced Research and Development Authority must investigate whether Moderna Therapeutics was upfront about government funding in its patent applications related to its work on the Zika vaccine and its closely watched COVID-19 vaccine candidate, a nonprofit has urged the agency.

  • September 03, 2020

    Feds Indict Man Accused Of Faking Death After PPP Fraud

    Rhode Island federal prosecutors said Thursday they indicted a Massachusetts man who allegedly faked his own death and spent more than a month on the lam after being charged with fraudulently applying for nearly $544,000 in forgivable small business loans through the Paycheck Protection Program.

Expert Analysis

  • HHS Rule Block Shows Vast Reach Of Justices' LGBTQ Ruling

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    A New York federal court’s decision Monday to block a U.S. Department of Health and Human Services rule that excluded anti-discrimination protections for LGBTQ patients, and several other recent opinions, demonstrates a broad interpretation of protective statutes under the U.S. Supreme Court’s Bostock ruling, says Alan Kabat at Bernabei & Kabat.

  • 3 Ways PE Firms Can Manage Risk Amid COVID-19

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    Private equity firms should implement certain risk management tactics — such as requesting a preferred law firm and rejecting extrinsic evidence endorsements — in anticipation of increasing reluctance from insurers to cover legal defense costs amid the pandemic, says Ashley Jordan at Reed Smith.

  • Weighing The Virtual Courtroom Option In Civil Cases

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    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Noncompete Considerations As Businesses Reopen, Rehire

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    The lesson from the First Circuit's recent decision in Russomano v. Novo Nordisk is that employers should not assume a rehired or recalled employee will be bound by the post-employment restrictive covenants signed prior to a pandemic-related layoff or termination, say James Hays and Jamie Moelis at Sheppard Mullin.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • A Guide To Determining Class Claim Time Bars

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    As pandemic-related state orders that toll statutes of limitations add to an already-muddled body of law, defense practitioners can follow a practical methodology to determine whether claims asserted by a member of a failed class are time-barred in a specific jurisdiction, say Marc Shapiro and Shane McCammon at Orrick.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • New IRS Regs May Quash Popular SALT Cap Workaround

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    Regulations the IRS published this week may shut down attempts to end-run the Tax Cuts and Jobs Act's cap on state and local tax deductions by using a charitable contribution scheme, but fail to address other state workarounds, say Peter Lowy and Alissa Gipson at Chamberlain Hrdlicka.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • 1st Circ. Ruling Complicates Gig Worker Arbitration Pacts

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    The First Circuit’s recent ruling that Amazon delivery drivers are exempt from the Federal Arbitration Act opens the door to patchwork state enforcement, and will likely force gig economy employers to reevaluate arbitration agreements and class action waivers, say Christopher Feudo and Christian Garcia at Foley Hoag.

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