Massachusetts

  • October 01, 2021

    Pro Say: A Supreme Court Term Packed With Landmark Cases

    A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

  • October 01, 2021

    Up Next At High Court: State Water Rights, CIA Black Sites

    The U.S. Supreme Court will begin its October 2021 term Monday with Mississippi's lawsuit accusing Tennessee of stealing millions of dollars worth of water, followed by thorny questions about the Sixth Amendment right to cross-examination and whether the government can shield information about CIA black sites.

  • October 01, 2021

    Taxation With Representation: Ropes, Kirkland, Latham

    In this week's Taxation With Representation, Merck & Co. will buy Acceleron Pharma Inc., Polestar will go public by merging with Gores Guggenheim Inc., and Blackstone Group is selling the Cosmopolitan of Las Vegas.

  • October 01, 2021

    'Varsity Blues' Player Was On 'Belichick'-Level Team, Jury Told

    The son of a hedge fund founder on trial in the "Varsity Blues" college admissions case played for the "Bill Belichick" of water polo at the University of Southern California, a jury heard Friday, as the defense sought to prove the teen was a legitimate athlete.

  • October 01, 2021

    EBay, Morgan Lewis Can't Nix Subpoenas In Stalking Case

    EBay Inc. and its Morgan Lewis & Bockius LLP lawyers will be served subpoenas for records about their investigation into an alleged cyberstalking scheme perpetrated by a group of the e-commerce giant's employees, a Boston federal judge said Friday.

  • October 01, 2021

    Hub Hires: McCarter, Mintz, Goulston, Greenberg

    Massachusetts lawyers were on the move again in September as a top firm bolstered its sports deals expertise, a university named its first general counsel and a longtime federal prosecutor left for white collar work in BigLaw.

  • October 01, 2021

    Kavanaugh Tests Positive For COVID, Has No Symptoms

    Justice Brett Kavanaugh tested positive for COVID-19 on Thursday evening and will be participating in the Supreme Court's first oral arguments of the term next week from home, a court spokesperson said. He has been fully vaccinated since January and has no symptoms.

  • September 30, 2021

    Robinhood's College Tour May Fly In The Face Of Regulators

    Robinhood's new initiative to attract college students with raffles and cash prizes has raised eyebrows amid accusations that it has "gamified" investing at the expense of inexperienced investors, a move that could provoke regulators as they aim to get a grip on the latest tactics used by online trading platforms.

  • September 30, 2021

    'Varsity Blues' Jury Won't Hear Ringleader's 'Side-Door' Pitch

    Two parents on trial in the "Varsity Blues" case can't play recordings for jurors in which the scheme's mastermind makes his college admissions "side-door" sound like a legitimate operation, a Massachusetts federal judge ruled from the bench Thursday.

  • September 30, 2021

    Dems Release Bill To Revamp Bank Merger Review Process

    Two Democratic lawmakers reintroduced legislation Thursday to overhaul the review process for mergers between financial institutions, an effort they say will limit consolidation in the banking industry and better protect consumers.

  • September 30, 2021

    Gunderson-Led Theseus Pharma To Launch $125M IPO

    Theseus Pharmaceuticals, which develops treatment for cancer patients, announced terms Thursday for a roughly $125 million initial public offering led by Gunderson Dettmer and underwriters counsel WilmerHale.

  • September 30, 2021

    Mass., West Pa. Cited As Viable Homes For Philips CPAP MDL

    All the plaintiffs and defendants appeared to agree Thursday that consolidation was necessary for more than a hundred lawsuits filed against Koninklijke Philips NV over a recall of its sleep apnea breathing machines, but plaintiffs' attorneys proposed at least eight different federal district courts that could host them.

  • September 30, 2021

    Supreme Court Will Seek To Solve Crack Resentencing Puzzle

    The U.S. Supreme Court on Thursday agreed to hear a case of a convicted Massachusetts drug dealer who sought to reduce his prison time in light of sentencing reforms enacted after his proceedings.

  • September 30, 2021

    Justices Take Boston Free Speech Case Over Christian Flag

    The U.S. Supreme Court will hear a religious group's suit claiming Boston violated the First Amendment by refusing to fly a cross-emblazoned flag on a city-managed flagpole, according to an order from the high court Thursday.

  • September 30, 2021

    Boston US Atty Pick In Doubt After GOP Forces Senate Vote

    The Senate Judiciary Committee was split Thursday on Rachael Rollins' nomination to become U.S. attorney for the District of Massachusetts, setting up a rare full Senate vote and casting doubt on President Joe Biden's pick for Boston's top federal prosecutor.  

  • September 30, 2021

    Mass. Man Convicted In $50M Federal Energy Grant Scheme

    A Massachusetts man has been convicted for his role in a scheme to rip off $50 million from the federal government by obtaining tax-free energy grants for non-existent projects, the U.S. Department of Justice announced.

  • September 30, 2021

    Covington, Ropes Lead Merck's $11.5B Acceleron Pharma Buy

    Pharmaceutical giant Merck & Co., advised by Covington, plans to buy publicly traded cancer and rare disease biotech Acceleron Pharma Inc., represented by Ropes & Gray, for $11.5 billion, in a deal announced Thursday.

  • September 29, 2021

    New Balance Sees $1M Award Nixed In Fight With Distributor

    An arbitrator was wrong to rule that he had jurisdiction over the majority shareholder of New Balance's Peruvian distributor since the man never signed the underlying agreement with the shoemaker, a Massachusetts judge has ruled, vacating more than $1 million in awards issued after the deal went south.

  • September 29, 2021

    Feds Rest 'Varsity Blues' Case As Focus Shifts To Defense

    Prosecutors rested their case Wednesday in the first trial over the "Varsity Blues" college admissions scheme, as defense lawyers prepared to call witnesses to rebut two weeks of testimony detailing an alleged quid pro quo to admit rich families' kids to elite universities as fake athletic recruits.

  • September 29, 2021

    Eateries Tell 1st Circ. 'Loss Of Use' Trips Virus Coverage

    A group of Massachusetts-based restaurants are urging the First Circuit to consider their forced shutdowns during the pandemic as physical damage, arguing that the inability to use their properties triggers virus coverage from two Allianz SE subsidiaries.

  • September 29, 2021

    Mass. Court Says Judges Must Spell Out Virtual Trial Process

    Massachusetts' top appellate court said Wednesday that judges must spell out a defendant's right to an in-person trial and advise them on how they will talk to their lawyers and hear witnesses before they can agree to a virtual proceeding during the pandemic.

  • September 29, 2021

    Ex-Mass. Mayor Must Pay Back $566K For Fraud Scheme

    A Boston federal judge has ordered a convicted former Massachusetts mayor to shell out $566,740 he illegally obtained by lying to investors in his smartphone app startup company and by extracting bribes from businesses seeking to open marijuana dispensaries in Fall River.

  • September 29, 2021

    Sidley Austin Snags 3 Former FDA Attys From Hogan Lovells

    Sidley Austin LLP has lured three new partners, all former U.S. Food and Drug Administration attorneys, from Hogan Lovells for its global health care and FDA practice, the latest in a slew of hirings for the firm's life sciences sector in recent years, the firm announced Tuesday.

  • September 29, 2021

    Ex-Insys Sales Rep Admits Guilt On Day 4 Of Kickbacks Trial

    A former Insys Therapeutics Inc. sales representative pled guilty during a trial on allegations she paid an Ohio doctor kickbacks to prescribe the fentanyl spray Subsys and helped him secure $1.7 million in fraudulent reimbursements from Medicare and Medicaid, prosecutors announced Wednesday.

  • September 29, 2021

    AgTech Co. Raises $100M In Morningside-Led Round

    Semios, a Canadian agriculture technology company, announced Wednesday that it raised $100 million in a second funding round led by Boston-based venture capital and private equity firm Morningside Group, bringing its overall fundraising to $225 million.

Expert Analysis

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • An Early Look At What State AGs Want From ESG Disclosures

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    As companies anticipate compliance obligations for the U.S. Securities and Exchange Commission's upcoming environmental, social and governance disclosure rules, they must also consider that certain state attorneys general recently explained their expectations on climate-related financial risk and are already acting on them, say Jonathan Brightbill and Jennie Porter at Winston & Strawn.

  • Texas Ruling Shows Weight Of State Immunity In IP Claims

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    Unusual circumstances led to the Texas Supreme Court’s recent copyright decision in Jim Olive v. University of Houston — a case that likely should have been subject to federal preemption — and the court’s conclusions reveal that copyright owners may have little redress when a state government infringes their intellectual property rights, say attorneys at Haynes and Boone.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Evolution Of Autodialer Suits After High Court's TCPA Ruling

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    Since the U.S. Supreme Court's recent decision in Facebook v. Duguid narrowed the scope of Telephone Consumer Protection Act liability, the number of filings has dropped significantly, but relief from telemarketing-based claims may be short-lived for companies given new legislative efforts and plaintiff strategies, say attorneys at Cozen O'Connor.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Where FCA Litigation Stands 5 Years After Escobar

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    Five years after the U.S. Supreme Court's landmark decision in Escobar, the False Claims Act's materiality requirement continues to be at the center of complex investigations and litigation, and the ruling has significantly affected dispositive motions, discovery and the U.S. Department of Justice’s dismissal authority, say Matthew Curley and Brian Roark at Bass Berry.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

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    The Federal Circuit's recent decision in Raytheon v. General Electric collapses distinctions between prior art analyses for anticipation and single-reference obviousness, shedding light on enablement requirements for invalidating patent claims, says John Nilsson at Arnold & Porter.

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