Massachusetts

  • September 03, 2020

    Trump's Census Exclusion Plan Doubted By NY Judges

    A trio of New York federal court judges seemed to harbor doubt Thursday about the legality of President Donald Trump's attempt to not count unauthorized immigrants in the 2020 U.S. census, with one judge remarking that such a policy could invite "political chicanery."

  • September 03, 2020

    Wearable Medical Device Maker Raises $100M In Financing

    Biofourmis, a company that makes software and wearable medical devices to monitor and analyze patients' symptoms, said Thursday that it raised $100 million in a financing round led by a SoftBank fund.

  • September 03, 2020

    States Seek To Halt Trump's USPS 'Slowdown' Before Election

    A coalition of nearly a dozen states including New York and Pennsylvania filed injunction motions in federal court Wednesday aimed at quickly reversing operational changes in the U.S. Postal Service that they say have slowed delivery and threaten to leave mail-in ballots uncounted in the upcoming presidential election.

  • September 03, 2020

    Amazon Wants Full 9th Circ. Redo Of Delivery Driver Ruling

    Amazon said Wednesday that a split Ninth Circuit panel cleared the way for rampant litigation when it upended the standard for enforcing workers' arbitration agreements by allowing Amazon Flex drivers who only made local deliveries in one state to pursue their employment claims in court.

  • September 02, 2020

    Littler Doesn't Belong In $20M Malpractice Suit, Its Client Says

    A book and magazine distributor suing Bowditch & Dewey LLP in a nearly $20 million malpractice suit on Wednesday urged a Massachusetts federal court to toss third-party claims against Littler Mendelson PC, arguing the firm wasn't involved in the underlying fracas.

  • September 02, 2020

    Challenge To DeVos Sex Assault Rules Heading For Fast Trial

    A lawsuit challenging new rules implemented by the U.S. Department of Education and its secretary, Betsy DeVos, that limit schools' responsibilities to investigate sexual harassment claims under Title IX will speed to trial after a Massachusetts judge opted Wednesday not to grant a preliminary injunction.

  • September 02, 2020

    Michael Jordan Nets Equity In Deal To Advise DraftKings

    NBA legend Michael Jordan has agreed to serve as a special adviser to the board of directors for fantasy sports and gambling company DraftKings Inc. in exchange for an equity stake in the company, DraftKings announced on Wednesday.

  • September 02, 2020

    9 Boston Cops Bilked $200K In OT, Feds Say

    Nine current and former Boston police officers at the city's evidence warehouse were hit Wednesday with federal theft charges of collectively embezzling more than $200,000 for overtime hours they did not work, prosecutors said.

  • September 02, 2020

    'Varsity Blues' Feds Add Charges Against 2 Coaches, Parent

    Federal prosecutors are expanding the "Varsity Blues" college admissions case, announcing the indictment of a new parent in the case while adding charges against two former athletics coaches at Georgetown University and the University of Southern California.

  • September 01, 2020

    Industry Groups Support Bid To Sink Offshore Monument

    Industry groups pushed the U.S. Supreme Court to consider and overturn the D.C. Circuit's decision that an American president can create offshore national monuments under the Antiquities Act, arguing that Congress provided a different, more detailed scheme for doing so that was ignored.

  • September 01, 2020

    1st Circ. Nixes Mass. Judge's Ban On ICE Courthouse Arrests

    The First Circuit on Tuesday reversed a federal judge's order blocking U.S. Immigration and Customs Enforcement from making civil arrests in Massachusetts courthouses, ruling that the two Boston-area district attorneys who sought the ban are unlikely to show ICE lacks such authority.

  • September 01, 2020

    Full 1st Circ. Won't Revisit Amazon Delivery Driver Ruling

    The First Circuit on Tuesday declined to revisit a panel's recent decision that Amazon delivery drivers are transportation workers engaged in interstate commerce even if they only make deliveries in one state, which allows their legal disputes to play out in court instead of private arbitration.

  • September 01, 2020

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

    New Jersey again dominated COVID-19 pandemic headlines over the past week as officials cleared the way for indoor, albeit limited, restaurant dining statewide and open alcohol consumption in Atlantic City just in time for Labor Day weekend.

  • September 01, 2020

    Solar Power Biz Agrees To Pay $800K To End Robocall Suit

    Energy company Horizon Solar Power has agreed to pay $800,000 to end a lawsuit over alleged robocalls in Massachusetts, where thousands of people said they received unsolicited sales calls to their cellphones.

  • September 01, 2020

    Pricey Biogen 401(k) Plan Was 'Glaring Breach,' Suit Says

    Drugmaker Biogen Inc. saddled employees with high-cost, underperforming mutual funds through its Fidelity-managed retirement plan in a "glaring breach" of fiduciary duty, according to a proposed class action suit filed Monday in Massachusetts federal court.

  • August 31, 2020

    Bio-Rad Gets 10X Genomics' Antitrust Claims Trimmed

    Bio-Rad Laboratories Inc. was dealt a partial victory in its patent dispute against life sciences company 10X Genomics Inc. when a Massachusetts federal judge on Monday whittled down some antitrust counterclaims Bio-Rad had called "implausible."

  • August 31, 2020

    Mass. Regulators Plan To Loosen Pot Delivery Rules

    Massachusetts cannabis regulators have approved draft changes to delivery rules that could give a major boost to companies that bring pot to customers' doors, allowing them to buy direct from wholesalers instead of going through brick-and-mortar dispensaries.

  • August 31, 2020

    DOD Investigating Moderna's Vaccine Patents

    The U.S. Department of Defense's research arm said Monday that it's investigating whether Moderna Therapeutics — which is developing a closely watched COVID-19 vaccine — failed to disclose federal funds it received in its patent applications, following recent calls from an activist group.

  • August 31, 2020

    These Law Firms Have The Most Diverse Equity Partnerships

    Progress on diversity in the legal industry has been slow, but some law firms are demonstrating that strides can be made toward diversifying the upper ranks. Here are the 40 firms outpacing their peers as the legal industry works toward increasing minority representation.

  • August 31, 2020

    How COVID-19 May Forever Alter Work Life For Disabled Attys

    The changes that COVID-19 has caused to most aspects of daily life have dramatically varying implications for people with different disabilities. Law360 spoke with several attorneys about what working from home means for them and how their firms have handled it.

  • August 31, 2020

    In Their Own Words: Being Black In BigLaw

    Law360 asked three Black lawyers who left BigLaw about how firms could better serve attorneys of color. Here's what they had to say to the firms and the attorneys who are choosing to stay.

  • August 31, 2020

    Diversity Snapshot: As Told By Black Law Firm Leaders

    In this video, five Black law firm leaders share their memories of breaking into BigLaw and their thoughts on creating a more diverse workplace.

  • August 31, 2020

    1st Circ. Allows Revamp Of Enbridge Pipeline Facility Permit

    The First Circuit on Monday kept alive an air pollution permit it previously invalidated for a Massachusetts facility that is part of an Enbridge Inc. unit's $1 billion pipeline project, giving state regulators and the company time to address the permit's flaws.

  • August 31, 2020

    SEC Wants Default Win Against Traders In $31M Spoofing Row

    The U.S Securities and Exchange Commission asked a Massachusetts federal judge to grant it partial default judgments on Monday against 15 Chinese traders and a Hong Kong-based consultancy firm who haven't responded to a suit accusing them of coordinating a $31 million spoofing scheme.

  • August 31, 2020

    Hub Hires: Foley, McDermott, Mintz

    McDermott Will & Emery LLP added a pair of intellectual property pros, Mintz Levin Cohn Ferris Glovsky and Popeo PC snagged a former Jones Day attorney, and the Boston office of Finnegan Henderson Farabow Garrett & Dunner LLP has a new managing partner. Here are the details on those and other notable moves around the Commonwealth.

Expert Analysis

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Lessons From Novartis' $678M Speaker Program Settlement

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    Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Restrictive Covenants In California After Ixchel Pharma

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    While the California Supreme Court's ruling Monday in Ixchel Pharma v. Biogen may signal some level of freedom for parties to enter into restrictive covenants, businesses must carefully review the nature and consequences of such restraints as it is likely that they will remain judicially disfavored, say attorneys at Haynes and Boone.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Key Tax Considerations For Cos. With Remote Employees

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    As remote work continues due to COVID-19, businesses navigating complex tax jurisdiction questions should diligently maintain employee location records for nexus and apportionment purposes, and make sure to account for differing state withholding and sourcing rules, say attorneys at Ropes & Gray.

  • Avoiding Workplace Violence When Customers Refuse Masks

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    Terri Solomon and Elizabeth Barrera at Littler address how businesses can avert violent situations when patrons refuse state and local face mask mandates by using signage, incident response plans and law enforcement assistance to meet federal workplace safety requirements.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Va. Workplace Virus Safety Mandate Has High Compliance Bar

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    Meeting the strict exposure assessment, notification, social distancing and sanitization obligations under Virginia’s recently enacted COVID-19 workplace safety standard, which can serve as a guide for employers in other states, will require on-the-ground enforcement beyond compliance on paper, say attorneys at Morgan Lewis.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

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