Massachusetts

  • September 08, 2022

    IP Forecast: DC Circ. To Hear Free Speech Challenge To DMCA

    The D.C. Circuit next week will consider a long-simmering constitutional challenge to parts of the Digital Millennium Copyright Act that lawyers at the Electronic Frontier Foundation call "a draconian federal statute that directly restricts [the] ability to speak." Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 08, 2022

    1st Circ. Hears Args On Log Trucker Guestworker Visa Limits

    The First Circuit heard oral arguments on whether a Maine law punishing businesses for hiring foreign logging truck drivers through the H-2A visa program went against federal law, with the state of Maine arguing it clearly did not.

  • September 08, 2022

    Lawmakers Show Growing Unease On Indo-Pacific Framework

    Thirty-six federal lawmakers added their names to a letter warning the Biden administration against cutting Congress and other stakeholders out of trade talks ahead of this week's ministerial-level meeting of the Indo-Pacific Economic Framework.

  • September 09, 2022

    NFIP Reforms Take On Urgency As Program Deadline Nears

    Reforming the National Flood Insurance Program to better serve marginalized communities and ensure long-term support for homeowners should be a top priority for lawmakers ahead of a coming deadline to reauthorize the program, experts say.

  • September 08, 2022

    Largest NH Fish Hatchery Settles Water Pollution Case

    The state of New Hampshire has reached a settlement with the federal government to reduce phosphorus discharges in the state's largest fish hatchery after being sued by an environmental group for alleged Clean Water Act violations.

  • September 08, 2022

    Journalism Competition Bill Stalls Over Amendment Dispute

    Legislation to give some journalism outlets limited antitrust immunity to bargain with major tech companies for revenue from the news they share on those platforms stalled in a Senate committee Thursday over a contentious disagreement about an amendment dealing with online content moderation.

  • September 08, 2022

    Holland & Knight Expands Sports And Entertainment Team

    Holland & Knight LLP has grown its sports and entertainment law practice by hiring three more partners from Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • September 08, 2022

    Pot Shop Atty Rips FBI Effort To 'Manufacture' Bribery Case

    A Massachusetts attorney accused of attempting to bribe a police chief to approve a pot shop in his town called the charges against him "manufactured" by the FBI, according to a motion to dismiss Thursday.

  • September 08, 2022

    1st Circ. Doubts Former Mass. Mayor's Tainted Jury Claim

    A former Massachusetts mayor's attempt to overturn his fraud and corruption convictions faced headwinds Thursday, as one First Circuit judge appeared unswayed by claims that irrelevant evidence and improper closing arguments tainted the verdict.

  • September 08, 2022

    Mass. Nursing Co. Settles Claim It Rejected Opioid Patients

    The operator of nearly two dozen nursing facilities in Massachusetts has settled claims that it violated the Americans with Disabilities Act by turning away patients who said they needed medications for opioid use disorder, federal prosecutors announced Thursday.

  • September 07, 2022

    GE Banned From Selling Wind Turbines Infringing Siemens' IP

    A Massachusetts federal judge issued a permanent injunction on Wednesday barring General Electric Co. from selling Haliade-X wind turbines that a jury found infringed a Siemens' patent, but allowed the company to produce turbines that have already been ordered to complete state-sponsored wind projects in New Jersey and Massachusetts.

  • September 07, 2022

    State Judges Defend Election Rule Review Power To Justices

    A group of the country's top judges has asked the U.S. Supreme Court to affirm the long-held power of state judiciaries to review redistricting maps and rules enacted by state legislatures relating to federal elections as the court examines the North Carolina Supreme Court's decision to toss allegedly unconstitutional congressional maps.

  • September 07, 2022

    Conviction On Lone Charge Stands In ADI Trade Secrets Case

    A former Analog Devices Inc. engineer on Wednesday lost a bid to erase his conviction on a lone charge of stealing a prototype computer chip from his former employer to kickstart his own side business after a jury rejected 11 other counts brought by prosecutors.

  • September 07, 2022

    Kim Kardashian, Ex-Carlyle Partner Tag Team On PE Venture

    Reality television star Kim Kardashian became the latest celebrity to launch a private equity investment firm Wednesday, announcing she has teamed up with an ex-Carlyle Group partner to launch a new firm that will invest in consumer and media-focused businesses.

  • September 07, 2022

    SharkNinja Gets iRobot Vacuum Patent Trimmed At PTAB

    The Patent Trial and Appeal Board has partially axed iRobot's patent on an autonomous floor-cleaning vacuum challenged by rival SharkNinja, holding that some of the claims covered obvious subject matter.

  • September 07, 2022

    Pharmacist May Need Third Sentencing In Meningitis Case

    The First Circuit on Wednesday raised the prospect of a third sentencing hearing for the founder of a compounding pharmacy at the center of a deadly meningitis outbreak, suggesting that a lower court judge mistakenly thought that the appeals court had ordered him to dole out more prison time.

  • September 07, 2022

    Satanists Say Boston Mayor Must Be Deposed In Prayer Case

    A Satanic temple suing Boston for the right to give an invocation before city council meetings said Tuesday that mayor Michelle Wu cannot avoid being deposed in the case, calling her the "root cause" of the temple's exclusion from the pre-meeting prayer.

  • September 06, 2022

    Campbell Wins Mass. AG Primary, Galvin Survives Challenge

    Former Boston City Council president Andrea Campbell knocked off labor lawyer Shannon Liss-Riordan to claim the Democratic nomination for state attorney general Tuesday, while longtime securities law enforcer William Galvin held off a primary challenge of his own in a bid for an eighth term as Secretary of the Commonwealth.

  • September 06, 2022

    Mass. Tribe, Gov't Seek Early End To Casino Trust Land Suit

    The U.S. Department of the Interior and the Mashpee Wampanoag Tribe have each urged a Massachusetts federal judge to grant them a quick win against a challenge to a trust land acquisition for a tribal casino project, saying the department properly obeyed a court order when it decided to approve the acquisition.

  • September 06, 2022

    DOJ Gets Time In State-Led Facebook Case At DC Circ.

    Federal enforcers during oral argument later this month will get a chance to support a contingent of state attorneys general asking the D.C. Circuit to revive their case accusing Facebook's parent company, Meta Platforms Inc., of monopolizing personal social networking services.

  • September 06, 2022

    'Lost Battles' May Help Feds Uphold Mass. Mayor's Conviction

    A judge's post-trial decision to throw out tax and fraud charges against a former Massachusetts mayor could be a blessing in disguise for prosecutors as they look to preserve his corruption conviction at the First Circuit this week, experts told Law360.

  • September 06, 2022

    1st Circ. Rules Against Man Who Blames Shrimp For Paralysis

    The First Circuit has thrown out a suit by a man alleging that he became paralyzed after eating shrimp at a Puerto Rican restaurant, saying the evidence presented isn't enough to support his argument that the restaurant and food distributors should have more closely examined the shellfish before selling and serving it.

  • September 02, 2022

    Law360 MVP Awards Go To 188 Attys From 78 Firms

    The attorneys chosen as Law360's 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • September 02, 2022

    MassHealth Eavesdropping Violates Union Rules, Court Finds

    The Massachusetts Appeals Court on Friday upheld a state employment commission's findings that said managers at the state's Medicaid program ran afoul of union rules when they began secretly listening in on employees' calls with the public.

  • September 02, 2022

    1st Circ. Says Fuzzy Memory Of Assault Doesn't Bar Asylum

    The Board of Immigration Appeals was wrong when it refused to consider a psychological report explaining why an El Salvadoran teen seeking asylum had trouble remembering the details of sexual assaults that occurred when she was a child, a split First Circuit has ruled.

Expert Analysis

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Why Medical Product Cos. Must Watch Dobbs Decision

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    The U.S Supreme Court's pending Dobbs v. Jackson Women's Health decision, which may reverse Roe v. Wade, could cause a broad range of medical product companies to become targets for civil or even criminal litigation, says Eric Alexander at Reed Smith.

  • Takeaways From 1st Circ.'s Tribal Sovereign Immunity Ruling

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    The First Circuit's recent decision in Coughlin v. Lac du Flambeau, finding that the U.S. Bankruptcy Code unequivocally strips tribes of their sovereign immunity, disregards extensive case law to the contrary and may make it easier for litigants to pursue claims against tribes under laws with similar immunity waivers, say attorneys at Brownstein Hyatt.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Ch. 11 Trustee Fee Ruling Leaves Remedy Challenges

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    The U.S. Supreme Court’s unanimous decision this week in Siegel v. Fitzgerald concerning quarterly fees payable by Chapter 11 debtors to fund the U.S. Trustee Program offloads the determination of remedies to the courts below, raising questions such as whether there is a sound legal basis for foisting fees onto North Carolina and Alabama, says Sasha Gurvitz at KTBS.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Mass. Bills Will Have Broad Impact On Cannabis Industry

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    Legislation recently passed by both chambers of the Massachusetts Legislature will make sweeping changes to the commonwealth’s cannabis industry, altering everything from municipal agreements to on-site consumption, and improving social equity while reducing businesses' tax burdens, says Cloe Pippin at Foley Hoag.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

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