Massachusetts

  • September 23, 2021

    DOJ's American-JetBlue Suit An Aggressive Antitrust Flex

    President Joe Biden's pro-competition agenda is boldly targeting American Airlines, the world's largest carrier, and JetBlue over a Trump administration-approved alliance that regulators now liken to a 19th-century trust, but experts say questions remain as to whether the airlines' promises of increased consumer choice are actually being realized.

  • September 23, 2021

    Money Transfer Firm Remitly Leads Trio Of Fintech IPOs

    A trio of financial technology companies started trading Thursday led by a $523 million initial public offering from Remitly, which offers a mobile app for remittances and financial services.

  • September 23, 2021

    High Court Asked To Decide Fight Over Ch. 11 Trustee Fees

    An ongoing battle over the constitutionality of a 2017 law that increased the fees owed by Chapter 11 debtors in some jurisdictions has made its way to the nation's highest court, with the liquidating trustee in Circuit City's bankruptcy case asking the U.S. Supreme Court to decide the issue.

  • September 23, 2021

    'Varsity Blues' Kids' Choice Of Sport Didn't Matter, Jury Hears

    A hedge fund founder accused of bribing his daughters' way into top schools as fake athletic recruits was told by the mastermind of the "Varsity Blues" scheme that one child's choice of sport "doesn't matter" and said the other could be a sailor even though she "hates sailing," jurors heard Thursday.

  • September 23, 2021

    GE Healthcare Inks $1.45B Deal For Surgical Imaging Co.

    GE Healthcare, General Electric's medical tech subsidiary, said Thursday it plans to boost its ultrasound business with the purchase of BK Medical ApS for $1.45 billion, in a cash deal guided by three law firms.

  • September 23, 2021

    Senate Panel Advances Slate For Federal Bench, US Attys

    A Senate panel advanced President Joe Biden's picks for the Fourth Circuit and district courts in Virginia and Connecticut on Thursday, with the nominees all receiving unanimous Democratic backing and varying degrees of Republican support.

  • September 22, 2021

    Cooley-Guided Freshworks' $1B IPO Leads 4 New Offerings

    Cooley-led customer engagement software firm Freshworks Inc. went public Wednesday after pricing a $1 billion initial public offering above its range, leading a quartet of newly minted public companies that made their trading debuts after raising $2 billion combined.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    Treasury GC Nominee Takes Heat From Warren Over Recusals

    The Davis Polk partner tapped to be President Joe Biden's top lawyer for the U.S. Treasury Department declined at his confirmation hearing Wednesday to commit to a more extensive recusal from matters involving former clients despite repeated prodding from Sen. Elizabeth Warren, D-Mass.

  • September 22, 2021

    1st Circ. Says Ex-RI Officials Shielded From Trucker Subpoena

    The First Circuit has ruled that legislative privilege shields Rhode Island's former governor and two state lawmakers from having to share internal communications detailing their motives for establishing a 2018 truck-toll program that industry groups alleged discriminated against out-of-state truckers.

  • September 22, 2021

    Pandemic Work-From-Home Firing Suit Gets Green Light

    A Massachusetts engineer fired for refusing to come into the office during the COVID-19 pandemic after his remote-work request was denied can continue to pursue disability and age discrimination claims, a federal judge has ruled.

  • September 22, 2021

    Car Crash Victim Tells 1st Circ. Claim Against Geico Is Timely

    A woman who suffered injuries in a car crash told the First Circuit her suit seeking $1 million from Geico should be revived, explaining that a Massachusetts federal judge should have applied the six-year statute of limitations for breach of contract claims.

  • September 22, 2021

    Boston Bruins Event Co. Can't Take Down Stagehand Pay Suit

    An event company behind the Boston Bruins Fan Fest during the National Hockey League team's 2019 playoff games must face claims it failed to pay wages to hired stagehands and shirked duties to contribute to union retirement and education plans, a Massachusetts federal judge said Tuesday.

  • September 21, 2021

    'Varsity Blues' Dad Invited Plotter To Versailles Bash, Jury Told

    A hedge fund founder facing charges in the first "Varsity Blues" trial invited the mastermind of the college admissions bribery plot to an extravagant birthday bash at the former home of the French monarchy, a Boston jury heard Tuesday as prosecutors sought to outline a quid-pro-quo relationship.

  • September 21, 2021

    DraftKings Launches Bid To Buy UK Betting Peer Entain

    Boston, Massachusetts-based fantasy sports and gambling giant DraftKings Inc. has offered to buy Entain PLC, the parent of U.K. gambling peer Ladbrokes, the companies revealed on Tuesday.

  • September 21, 2021

    Walgreens Invests $970M To Grab Major Stake In Shields

    Walgreens Boots Alliance Inc., a holding company for the Walgreens and Boots pharmacy store chains, said Tuesday it plans to take a controlling stake in Shields Health Solutions by way of a $970 million investment, in a deal guided by six law firms.

  • September 21, 2021

    DOJ Sues To Stop American Airlines-JetBlue Alliance

    The U.S. Department of Justice and several state-level enforcers filed suit on Tuesday seeking to block an alliance between American Airlines and JetBlue, contending the move eliminates competition and further consolidates an already concentrated industry.

  • September 21, 2021

    13 State AGs Urge Higher Fines For Fuel Economy Violations

    A coalition of 13 attorneys general urged the National Highway Traffic Safety Administration on Monday to reinstate higher penalties against automakers that fail to meet fuel economy standards, demanding the withdrawal of an "unlawful Trump-era rule" that sought to slash the penalties by more than half.

  • September 21, 2021

    Construction Firm Peckar & Abramson Opens Boston Office

    National construction boutique Peckar & Abramson PC has opened an office in Boston with two former Eckert Seamans Cherin & Mellott LLC partners.

  • September 21, 2021

    Former Mass. Mayor Gets 6 Years For 'Corrosive' Corruption

    The former mayor of a Massachusetts city was sentenced to six years in prison Tuesday for what a federal judge called the "corrosive'' public-corruption crime of forcing marijuana businesses to pay bribes in order to open.

  • September 21, 2021

    Goulston Picks Up Nutter Sports Dealmaker In Boston

    Goulston & Storrs PC has added former Nutter McClennen & Fish LLP partner Jonathan Calla as a Boston-based director in the firm's corporate group, where he'll advise on deals with an eye toward sports and cross-border transactions.

  • September 20, 2021

    State AGs Back House Bills Aimed At Antitrust Tech Reform

    A bipartisan group of state-level attorneys general sent a letter to both chambers of Congress on Monday calling on lawmakers to pass a spate of proposed legislation aimed at reining in Big Tech companies and updating antitrust law.

  • September 20, 2021

    Liberty Mutual Subsidiary Off Hook For COVID Coverage

    A Liberty Mutual subsidiary defeated a children's speech and occupational therapy provider's bid for pandemic-related lost income coverage when a Massachusetts federal judge held Monday that virus exclusions in its insurance policy precluded it.

  • September 20, 2021

    Officials Should Be Canned Over Pandemic Trades, Fed Told

    The millions of dollars in trading executed by top Federal Reserve officials amid COVID-19 should be enough to "disqualify them from their positions," and an investigation with the SEC and other regulators is needed to uncover the full scope of the potentially illegal conduct, the CEO of Better Markets has told Chairman Jerome Powell.

  • September 20, 2021

    Software, Fintech Startups Lift IPO Targets To Start Busy Week

    Customer engagement software firm Freshworks Inc. and restaurant payments processor Toast Inc. on Monday raised price ranges on pending initial public offerings, potentially signaling strong investor demand ahead of a jammed IPO calendar this week.

Expert Analysis

  • New Circuit Split Complicates Domestic Securities Test

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    The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • What Attorneys Should Know About State MDLs

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    Many state courts have their own systems for consolidating cases that both resemble and differ from federal multidistrict litigation, and practitioners should understand the advantages and disadvantages of state MDL procedures for particular litigation, say Zachary Clopton at Northwestern Law and Theodore Rave at University of Houston Law.

  • Lessons From SAP's Multiagency Illegal Export Penalty

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    German software company SAP SE's recent multiagency penalty over illegally exporting U.S.-made products to users in Iran shows that software and cloud services providers cannot ignore suspected end use in sanctioned countries regardless of where their products were sold, say Robert Slack and Julia Kuelzow at Kelley Drye.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

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