Massachusetts

  • June 21, 2019

    Man Cops To Role In $165M Global Pump-And-Dump Scheme

    A man pled guilty in Massachusetts federal court Friday to helping the alleged mastermind of a $165 million global pump-and-dump scheme run a Swiss asset management firm that hid investors' control of penny stock companies before their shares were sold at inflated prices. 

  • June 21, 2019

    Three Times Zero Still Zero, Optics Co. Says Of IP Suit Award

    Japanese optics maker Hamamatsu is attempting to dismantle efforts by a Harvard-backed company to add $3 million on top of a $1.4 million jury verdict finding it stole "black silicon" technology created by a Harvard professor, saying the extra damages are based on nothing — literally.

  • June 21, 2019

    Mass. Judge Says Some Six Flags Workers Are Owed OT

    A Massachusetts state court has found that a local Six Flags and its operator are on the hook for overtime hours worked in three out of six years claimed by a class of employees, finding that state law only exempts parks operating rides less than 150 days a year.

  • June 21, 2019

    ITC To Probe GE, Others Over Claims LEDs Violate Patents

    The U.S. International Trade Commission has launched investigations into LED products made by General Electric Co., the successor company to Philips Lighting NV and several others after a lighting company accused its competitors of infringing its patented technology.

  • June 21, 2019

    Sprint-T-Mobile Challengers Grow To 14 At First Hearing

    At the first hearing in a multistate effort to block the merger of mobile telecom giants T-Mobile and Sprint on Friday, attorneys for New York told a Manhattan federal judge that four more states were joining the opposition to the "megamerger."

  • June 21, 2019

    Insurance Exec Admits $450K 'Varsity Blues' Bribes For 2 Kids

    A California insurance executive pled guilty in Boston federal court Friday to paying $450,000 in bribes to get his daughter and son accepted to the University of Southern California as fraudulent athletic recruits as part of the so-called Varsity Blues college admissions scheme.

  • June 20, 2019

    Whistleblower Seeks Justices' Take On $34M FCA Award Flip

    The First Circuit paused its decision that flipped a $34 million False Claims Act award from one whistleblower to another as the initial award winner's estate asks the U.S. Supreme Court to weigh in on a circuit split over a technical aspect of the "first-to-file" rule.

  • June 20, 2019

    Tribe Needs Town Permits To Open Martha's Vineyard Casino

    The Wampanoag Tribe of Gay Head can open its controversial casino on Martha's Vineyard after winning over the First Circuit, but the tribe must first secure municipal permits, a Massachusetts federal judge has ruled.

  • June 20, 2019

    1st Circ. Again Finds Ex-Maine Gov. Immune From Rival's Suit

    The First Circuit on Wednesday upheld the dismissal of a suit targeting former Maine Gov. Paul LePage over his 2015 threat to pull state funding from an educational nonprofit that offered a job to a political rival, finding LePage has qualified immunity against such claims.

  • June 20, 2019

    Atty, Retired Army Col. Guilty In $84M Haiti Bribery Scheme

    A federal jury in Boston found an attorney and a retired U.S. Army colonel guilty on Thursday of making a plan to bribe government officials in Haiti in exchange for approvals on an $84 million port project.

  • June 20, 2019

    ICE Barred From Making Civil Courthouse Arrests In Mass.

    A Boston federal judge issued a preliminary injunction Thursday that prevents U.S. Immigration and Customs Enforcement officers from making civil arrests at Massachusetts state courthouses, siding with two district attorneys in a showdown between state and federal authorities.

  • June 20, 2019

    Justices To Decide If Puerto Rico Oversight Board Is Legal

    The U.S. Supreme Court on Thursday agreed to review a First Circuit decision that the members of the board overseeing Puerto Rico's bankruptcy were appointed unconstitutionally.

  • June 20, 2019

    Judge Doubts Suit Accusing Harvard Of Anti-White-Male Bias

    A Massachusetts federal judge responded with skepticism Thursday when told that a suit accusing Harvard University and the Harvard Law Review of being biased against white men can move forward without any specific details behind the allegations or naming a single victim of the alleged bias. 

  • June 20, 2019

    Buyers Of Cynosure Fat-Reduction Tool Push For Class Cert.

    Several medical centers and spas were all subject to the same misrepresentations about Cynosure Inc.'s fat-reduction system and should be certified as a so-called issue class, an attorney for the group argued Thursday in Boston federal court, saying classwide concerns could be streamlined into a single trial before other, individual claims move forward.

  • June 19, 2019

    Keryx Fights Investor's Bid To Lead Kidney Drug Stock Suit

    A Keryx investor seeking to lead a shareholder class action over a 2016 stock drop shouldn’t head up the suit because his shares were bought through a now-defunct trust and the vital information allegedly hid by the company was actually disclosed, a Massachusetts federal judge heard Wednesday.

  • June 19, 2019

    Mass. Regulator Ready To Rumble On SEC Broker Standards

    Massachusetts securities regulator William F. Galvin is confident that federal law leaves room for states to pass their own fiduciary duty rule for broker-dealers and is vigorously pursuing one of the nation’s first, telling Law360 that investors deserve better than the standards recently set by the U.S. Securities and Exchange Commission.

  • June 19, 2019

    Conspiracy To Bribe Haitian Officials Was Explicit, Jury Hears

    Recorded conversations involving two men who were pursuing an $84 million port project in Haiti offer clear evidence that they intended to bribe government officials in exchange for approvals, a prosecutor told jurors in Massachusetts federal court Wednesday as a seven-day trial concluded.

  • June 19, 2019

    Mass. Securities Regulator Examining Cannabis Investments

    Massachusetts' state securities enforcement division will be taking a closer look at investment offerings involving the state's cannabis businesses, it said Wednesday, after charging a man with selling $1.3 million in unregistered cannabis securities.

  • June 19, 2019

    Fenwick-Led Stoke Therapeutics Prices Upsized $142M IPO

    Venture-backed Stoke Therapeutics Inc., a biotechnology firm developing therapies for genetic diseases, went public Wednesday after raising $142 million in an upsized initial public offering, steered by Fenwick & West LLP and underwriters' counsel Davis Polk & Wardwell LLP.

  • June 19, 2019

    Amphastar To Get $60M In Settlement With Rivals

    Amphastar Pharmaceuticals Inc. announced Wednesday it will receive nearly $60 million from two rival drug companies as part of a settlement to resolve an antitrust and patent suit.

  • June 19, 2019

    LeClairRyan Sees Back-To-Back Exits In Calif., Boston

    Two teams of attorneys departed LeClairRyan this week, including the firm’s intellectual property department leader in California and co-chair of the consumer financial services group in Boston, adding to the defections that have rocked the Virginia-based firm throughout the year.

  • June 19, 2019

    Mass. Agency Hit With $21M Verdict For Dredging Overruns

    A Boston jury has awarded more than $21 million to a pair of marine contracting companies after finding a quasi-government agency dramatically underestimated the cost of a dredging project and refused to pay the additional money needed to complete the job.

  • June 18, 2019

    ICE Must Explain Decision To Deport US Citizen's Spouse

    A federal judge on Tuesday ordered a top official at the U.S. Immigration and Customs Enforcement office in Boston to provide more detail on how the agency concluded it should deport a man who is part of a certified class of immigrants married to American citizens.

  • June 18, 2019

    Universities Hit With New 'Varsity Blues' Class Action

    More than two dozen rejected college applicants have filed a proposed class action in California federal court against the mastermind of the "Varsity Blues" admissions cheating scandal and eight universities tied to the headline grabbing case, claiming they were unfairly denied freshman spots while others bribed their way in.

  • June 18, 2019

    Mass. Transit Hire May Be Based On 'Cronyism,' But Not Race

    While “cronyism” may have played a role in a white applicant getting a job over a black employee of the Massachusetts Bay Transportation Authority, a federal judge ruled there is not enough evidence to suggest the decision was based on race, granting the transit system a win.

Expert Analysis

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • OFCCP Case Changes The Game For Contractor Pay Audits

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    An administrative law judge's decision in Office of Federal Contract Compliance Programs v. Analogic rejected the theory of disparate impact that the OFCCP applied to sex-based pay discrimination and provides lessons on how contractors should respond to OFCCP pay system audits, say Soul Cherradi of BP, Dan Kuang of Biddle Consulting and attorneys at Bello Welsh.

  • 6 Myths About Sports Betting

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    As numerous states hurtle toward what they hope will be a sports gambling financial bonanza, a closer look at legalization reveals that the bonanza may be substantially overrated, says Ronald Katz of GCA Law Partners.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • 5 Tips For Lawyers Entering The Cannabis Industry

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    As the cannabis industry continues to grow, it will need more legal professionals to help navigate the turbulent business landscape, but lawyers should understand the industry's unique limitations and characteristics before diving in, says Sabas Carrillo of consulting firm Adnant.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Few Avenues To Protection For Foreign FCPA Whistleblowers

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    The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Employer Considerations When Using Garden Leave Clauses

    Excerpt from Lexis Practice Advisor
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    Garden leave — when a departing employee remains on company payroll and cannot compete with the employer — is an attractive alternative to regular noncompetes. Elisaveta Dolghih of Lewis Brisbois discusses the advantages and disadvantages of garden leave provisions and provides drafting best practices.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

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