Massachusetts

  • August 31, 2020

    Ex-Indivior Exec Inks Plea Deal In Suboxone Opioid Case

    The former top medical officer for Indivior struck a deal with federal prosecutors to plead guilty on Monday to failing to prevent the drug company from giving misleading safety statistics to Massachusetts officials, following a similar agreement unveiled in June involving Indivior's ex-CEO.

  • August 31, 2020

    Whole Foods' BLM Mask Ban Is About Race, Workers Say

    Whole Foods employees suing the popular grocer for banning Black Lives Matter face masks at work blasted the company's assertion that racism isn't at play, pointing to Whole Foods' allegedly spotty record of dress code enforcement when workers openly support other causes.

  • August 31, 2020

    Indicted Judge Wants Case Halted Amid 1st Circ. Appeal

    A Massachusetts judge facing a federal indictment for allegedly allowing an undocumented immigrant to evade authorities sought to pause her criminal case Monday while the First Circuit decides whether her actions are protected by judicial immunity.

  • August 28, 2020

    One Year In, Mansfield Rule Is Boosting In-House Diversity

    A year after signing on to the first in-house version of the Mansfield Rule, legal teams are finding they deliberately consider more diverse attorneys and other staff for significant leadership roles internally and for outside counsel representation.

  • August 28, 2020

    Law360's Diversity Snapshot: What You Need To Know

    A global pandemic, economic uncertainty and a national reckoning on racial injustice have pushed the legal industry to ask hard questions about how they’re supporting their talent. Law360’s look at a snapshot of statistics from before the pandemic began highlights just how much room the industry has for improvement.

  • August 28, 2020

    Law360 Diversity Snapshot: How Does Your Firm Measure Up?

    The legal industry has long struggled to change a difficult reality: The profession remains one of the least diverse. Law360's 2020 Diversity Snapshot looks to shed light on where firms are now and where they aim to be.

  • August 28, 2020

    Why 2020 Could Be A Pivotal Year For Diversity At Firms

    This year could be a transformative one for law firms as many step up their efforts to recruit and empower diversity professionals despite financial uncertainty caused by the coronavirus pandemic.

  • August 28, 2020

    Activists Say Moderna Hid Gov't Support For Vaccine Patents

    The U.S. Department of Defense must investigate whether Moderna Therapeutics — which is developing a closely watched COVID-19 vaccine — disclosed federal funds it received in its patent applications, and seize the biotechnology company's patents if it didn't, a nonprofit has urged the agency.

  • August 28, 2020

    Sens. Want Nursing Home Probe Over Hydroxychloroquine

    Three U.S. senators sent letters Thursday asking Trump administration officials about reports that nursing home residents received hydroxychloroquine without consent or authorization after the president claimed it could prevent coronavirus infection, while urging a watchdog to probe the extent and oversight of possible abuses.

  • August 28, 2020

    Fed. Circ. Says On-Again, Off-Again Inventor May Be Back On

    A Massachusetts federal judge wrongly found that Egenera Inc. couldn't re-add an inventor to its virtual network patent after Cisco got the patent invalidated over his removal, the Federal Circuit said Friday.

  • August 28, 2020

    2 Charged In Ghosn Escape Face Pushback On Extradition Bid

    A Massachusetts federal judge on Friday voiced skepticism about an effort by a former Army Green Beret and his son to avoid extradition to Japan on charges that they helped disgraced Nissan CEO Carlos Ghosn escape the country.

  • August 28, 2020

    Taxation With Representation: Paul Weiss, Simpson, Skadden

    In this week's Taxation With Representation, a reverse merger creates a $2.5 billion 3D printing company, Blackstone Group pays $2.3 billion for Takeda, Aveva buys OSIsoft, and a building material deal creates a $5.5 billion entity.

  • August 28, 2020

    Uber Tells 9th Circ. To Put Brakes On Employee Status Fight

    Uber Technologies Inc. on Thursday asked the Ninth Circuit to uphold a federal judge's ruling that allows the ride-hailing giant to continue classifying a group of Massachusetts drivers as independent contractors instead of employees eligible for sick pay, despite the coronavirus pandemic.

  • August 27, 2020

    Coronavirus Litigation: The Week In Review

    Ticket buyers seeking refunds from American Airlines for flights canceled due to the pandemic are fighting the airline's push to compel arbitration, a federal judge has halted the Trump campaign's election lawsuit in Pennsylvania, and immunocompromised shoppers suing Walmart for discrimination are seeking class certification. 

  • August 27, 2020

    Medical Pot Exec Shared Trade Secrets With Rivals, Suit Says

    A Massachusetts medical marijuana company has accused its former chief operating officer of using the company's trade secrets to consult with others in the industry, saying he clandestinely continued working for two other companies after being directed to stop.

  • August 27, 2020

    Mass. AG Fights Rule Barring Virus Aid To Foreign Students

    The Massachusetts attorney general joined the fray of litigation challenging Education Secretary Betsy DeVos' rule restricting coronavirus aid to foreign students, claiming in a lawsuit Wednesday that the rule puts tens of thousands of students in the state in financial straits.

  • August 27, 2020

    Hagens Berman, Whitfield, Lieff To Lead Evenflo Car Seat MDL

    Hagens Berman Sobol Shapiro LLP, Whitfield Bryson LLP and Lieff Cabraser Heimann & Bernstein LLP will co-lead a multidistrict suit consolidated in Massachusetts that claims Evenflo Co. Inc.'s car seats are putting kids in danger.

  • August 27, 2020

    Cambridge Escapes Small Wireless Facilities Installation Suit

    The city of Cambridge, Massachusetts, dodged a lawsuit from a telecommunications services provider Wednesday after a federal judge tossed the suit accusing the city of violating federal communications rules when it prevented the provider from installing small AT&T wireless facilities on Cambridge's streetlight poles.

  • August 26, 2020

    Lantus Buyers Demand Info On More Sanofi Injector Patents

    Buyers of Sanofi's Lantus insulin treatments told a Massachusetts federal court Wednesday the company has wrongly refused to hand over documents about a number of patents for an injector device after the First Circuit revived their antitrust case based on arguments surrounding a single patent.

  • August 26, 2020

    Mass. Landlords Can't Resume Evictions During Pandemic

    Landlords lost their bid to block a temporary ban on most Massachusetts evictions Wednesday, as a state court judge ruled that the law enacted during the COVID-19 pandemic is necessary to protect public health and within the legislature's power in a time of crisis.

  • August 26, 2020

    1st Circ. Affirms New Lead Plaintiff Can't Save Biotech Suit

    The First Circuit has affirmed a Boston federal court's decision to dismiss a proposed shareholder class action after the investors tried to add a new lead plaintiff into the suit, which accuses a robotic prosthetics company of lying during the leadup to its initial public offering.

  • August 26, 2020

    Mass. Top Court Upholds Mail-In Ballot Deadline For Primary

    Massachusetts voters sending mail-in ballots for the Sept. 1 primary election will not get extra time for their votes to reach local officials, despite the U.S. Postal Service warning that delivery delays could render some ballots uncounted, the state's top appellate court said Wednesday.

  • August 26, 2020

    NBC Illegally Profits Off Golf Viewers' Personal Info, Suit Says

    NBCUniversal's premium Golf Channel illegally sells its viewers' personal information and viewing history to third-party marketing brokers without permission, according to a proposed class action in Massachusetts federal court.

  • August 26, 2020

    Uber Tells 1st Circ. It Had Boston's Blessing To Launch

    Uber Technologies Inc. began operating in Boston before being regulated with the expressed blessing of both the mayor and the governor of Massachusetts, the company told the First Circuit, seeking to fend off an appeal by cab companies claiming the ride-hailing giant entered the market illegally.

  • August 26, 2020

    Latham, Paul Weiss Help Form $2.5B Metal 3D Printing Co.

    Desktop Metal will go public via a reverse merger with a private equity-backed special purpose acquisition vehicle to create a single business with a valuation of $2.5 billion, the companies said Wednesday, in a deal guided by Latham & Watkins and Paul Weiss.

Expert Analysis

  • States Can Lead Where OSHA Failed On Virus Standards

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    In the absence of an Occupational Safety and Health Administration COVID-19 emergency temporary standard, which would preempt other regulatory action, state and local governments can fashion their own workplace safety guidelines and enforce existing laws against careless employers, says Peter Fox at Scoolidge Peters.

  • 2 Rulings Instruct On Eviction Moratorium Constitutionality

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    Recent conflicting rulings by Massachusetts and New York federal courts that considered whether COVID-19 eviction moratoriums violated landlords' rights provide insight into how such statutes will withstand constitutional challenges, say Thomas O'Neill and Melissa Manesse at Day Pitney.

  • And Now A Word From The Panel: MDL Distancing

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    In light of the Judicial Panel on Multidistrict Litigation's conducting socially distanced sessions during the COVID-19 pandemic, it is instructive to consider other types of "distancing," including the panel's selection of trial venues, and its stance on personal jurisdiction in MDL proceedings, says Alan Rothman at Sidley.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Managing DOL Fiduciary Rule's Overlap With SEC, Mass. Regs

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    In this brief video, Jennifer Klass and Valerie Mirko at Baker McKenzie discuss the intersection of the U.S. Department of Labor's recently reproposed fiduciary rule and compliance with the U.S. Securities and Exchange Commission's Regulation Best Interest and the Massachusetts fiduciary rule.

  • Mass. Project Enviro Review: A Green Light For Offshore Wind

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    Now that the supplemental environmental impact statement for the Vineyard Wind project off the coast of Massachusetts is complete, it presents a useful template for future offshore wind energy projects, say attorneys at Womble Bond.

  • Opinion

    Jurors Should Get A Pay Raise

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    Federal jurors are being paid less than minimum wage, and state laws on jury pay range from inadequate down to nonexistent, so Congress should require fair compensation in both federal and state courts, says attorney R. D. Kelly.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • EPA's Pass On Perchlorate Regulation Reduces Lawsuit Risk

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    The U.S. Environmental Protection Agency's recent decision not to regulate perchlorate in drinking water likely stopped what could have been a cascade of litigation against government entities, defense contractors and others if a maximum contaminant level had been established, say Jeffrey Dintzer and Clynton Namuo at Alston & Bird.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

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