Massachusetts

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    Deals Rumor Mill: Dish, Chi-Med, NiSource

    Dish Network is said to be close to dropping $6 billion to buy assets from Sprint and T-Mobile, Hutchison China MediTech has reportedly postponed the launch of a planned Hong Kong listing, and NiSource is said to be considering selling a subsidiary tied to last year’s deadly pipeline explosions in Massachusetts.

  • June 18, 2019

    Asacol Buyers Say Product-Hopping Suit Requires Trial

    Buyers of Allergan's ulcerative colitis drugs have told a Massachusetts federal court that they were coerced into paying for higher-priced medication when the company blocked a generic drug from the market, which they say is enough to push their antitrust case to trial.

  • June 18, 2019

    Added Details Keep Mass. Hospital Overbilling Claims Alive

    A former anesthesiologist at Massachusetts General Hospital has provided enough detail to suggest the hospital may have overbilled Medicare and Medicaid for time patients spent in surgery without a teaching physician in the room, a federal judge ruled in allowing a False Claims Act suit to proceed.

  • June 17, 2019

    Pepperidge Farm Nears OK On $22.5M Misclassification Deal

    A California federal judge on Monday said he wanted some more information before he'll approve a $22.5 million settlement to resolve claims that Pepperidge Farm Inc. denied employment benefits to product distributors in California, Massachusetts and Illinois by misclassifying them as independent contractors.

  • June 17, 2019

    MFS Agrees To Pay $6.9M To End Self-Dealing Accusations

    MFS Investment Management and a proposed class of workers who say the company profited at their expense by investing their retirement savings in expensive, proprietary funds are looking to wrap up the dispute with a nearly $6.9 million settlement.

  • June 17, 2019

    Sports Betting Will Break Free Of Casinos As States Cash In

    As online sports betting proliferates, operators of these platforms are often hamstrung by state laws requiring them to partner with traditional brick-and-mortar casinos and racetracks, yet such partnerships may soon fall by the wayside as experts say they hinder the development of the burgeoning new industry.

  • June 17, 2019

    Boston Real Estate Co. Challenges H-1B Denial For Analyst

    A Boston real estate development firm accused U.S. Citizenship and Immigration Services in Massachusetts federal court Monday of arbitrarily denying its H-1B visa petition for a Ukrainian market research analyst and misunderstanding the criteria for a “specialty occupation.”

  • June 17, 2019

    Boston Eyes Ranking Among Top Int'l Arbitration Hubs

    A newly formed group seeking to promote Boston as a center for international arbitration faces tough competition from other venues like New York that have already spent years establishing the proper infrastructure, but experts say New England's most populous city has potential.

  • June 17, 2019

    ICE Can't Deport Class Member With US Wife Yet, Judge Says

    A Boston federal judge on Monday ordered U.S. Immigration and Customs Enforcement not to go through with the removal of a man whose wife is a U.S. citizen, saying the court must first rule on an emergency motion by the plaintiffs in a class action lawsuit that seeks to protect undocumented immigrants like this one.

  • June 17, 2019

    MIT Says It's Too Late To Revise Loyalty Claims In ERISA Suit

    MIT has told a Massachusetts federal judge that a class of participants in its retirement plan waited too long to try to fix their dismissed claims alleging the school favored the interests of Fidelity over its own employees in violation of the Employee Retirement Income Security Act.

  • June 17, 2019

    Mass. Mayor Sues Barstool Sports For Lying To Get Interview

    Somerville, Massachusetts, Mayor Joseph Curtatone hit Barstool Sports and one of its radio hosts with a lawsuit Monday for violating the state's wiretap statute by recording an interview with him during which the host pretended to be a columnist from the Boston Globe.

  • June 17, 2019

    Insys Hit With Nationwide Opioid Class Claim In Ch. 11

    Bankrupt Insys Therapeutics was hit Monday with a motion seeking recognition of a proposed nationwide class of privately insured consumers, who say the "scourge of opioid abuse" unleashed by the opioid maker jacked up their premiums.

  • June 17, 2019

    DraftKings' Geolocation Tech Draws Patent Suit

    A gambling technology company hit DraftKings with another patent suit, this time alleging in Delaware federal court that the daily fantasy sports and betting operator is infringing its patents for software that verifies the age and location of users to ensure they are in a state where the activity is legal.

  • June 17, 2019

    Online Luxury Reseller Leads 5 IPO Launches Totaling $936M

    Five companies, including a private equity-backed online consignment shop, a commercial real estate company and three biotechnology firms, set price ranges on Monday for initial public offerings that could raise $936 million combined next week, enlisting the work of nine law firms.

  • June 17, 2019

    Mass. Justices Want Focus On Privacy In Boston Globe Case

    The Massachusetts Supreme Judicial Court asked a lower court Monday to delve deeper into the Boston Globe's request for millions of state birth and marriage records, saying that there may be a way to properly release them, but that privacy concerns should be carefully weighed.

  • June 17, 2019

    Ropes & Gray Client OKs Rep Of Fellow 'Varsity Blues' Parent

    Ropes & Gray LLP received the blessing of one of the two parents it is representing in the "Varsity Blues" college admissions scheme to take on multiple clients in the same case, following a hearing Monday morning in Massachusetts federal court.

  • June 17, 2019

    LeClairRyan Loses Banking Partners In Boston, NY

    The exodus of attorneys out of LeClairRyan continued with the announcement Monday that two corporate partners and two litigation partners focusing on the banking and automotive finance space have left to join Duane Morris in Boston, New York City and Newark.

  • June 14, 2019

    Slack's Direct Listing, Robust IPO Lineup To Heat Up June

    Six law firms will guide eight companies scheduled to go public during the week of June 17, a robust slate highlighted by workplace messaging company Slack's direct listing, plus seven companies planning traditional initial public offerings expected to surpass $900 million.

  • June 14, 2019

    3 Takeaways As 'Negotiation Class' Idea Jolts Opioid MDL

    An unconventional move Friday to resolve multidistrict opioid litigation by unifying local governments in a “negotiation class” could be an inflection point for the bruising legal slugfest targeting drug companies, although class certification isn’t a sure thing. Here, Law360 explores three key takeaways from the high-stakes maneuver.

  • June 14, 2019

    While Google Dallied, Client Emails Were Exposed, Firm Says

    A Massachusetts law firm has sued Google Inc., alleging in a suit removed to federal court that the tech giant's slow response after the firm's email was hacked compromised sensitive client-related material.

  • June 14, 2019

    Tough Mudder Dodges Runners' Suit Over Unpaid Settlement

    A Massachusetts federal judge has tossed a slate of claims from runners who sued Tough Mudder over an uprooted event, finding that a $225,000 settlement plus interest would suffice to resolve the matter even though the obstacle course company missed a deadline to pay the money.

  • June 14, 2019

    ITT Tech Lending Arm To Forgive $168M In Student Loans

    The lending arm of a bankrupt for-profit technology school ITT Technical Institute has agreed to forgive $168 million in student loans to resolve claims it pressured students into high-interest loans that tarnished their credit history, the Consumer Financial Protection Bureau said Friday.

  • June 14, 2019

    Judge Flouted Federal Rules By Tossing Suit, 1st Circ. Says

    A Puerto Rico federal judge improperly turned a summary judgment motion into a motion to dismiss, confusing federal rules of procedure and sparking the revival of a discrimination suit against the U.S. Department of Commerce, the First Circuit ruled Thursday.

  • June 14, 2019

    Investment Co. Execs Hit With Fraud Charges In NY And Mass.

    A Rhode Island man and his Boston investment company scammed 40 employees out of more than $10 million by forcing them to invest in the company and using the money to pay for operating expenses, Massachusetts' securities watchdog said Friday, as federal charges tied to the alleged scheme were unsealed in New York.

Expert Analysis

  • How Warren Bill Would Change Liability For Corporate Execs

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    If the criminal penalties in the Corporate Executive Accountability Act — recently proposed by Sen. Elizabeth Warren, D-Mass. — ever became law, they would usher in sweeping implications for the way big companies approach their legal compliance efforts, say Stephen Cheng and Noah Smith of The Volkov Law Group.

  • State Net

    The Potential Effect Of State E-Cigarette Regulations

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    To curb skyrocketing e-cigarette use among teenagers, at least 10 states have introduced bans on the sale of flavored tobacco products. These proposed bans — especially the stricter measures California and Hawaii are considering — could hinder the overall tobacco industry's growth, says Korey Clark of State Net Capitol Journal.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • The Art Of Using Preemption To Defend Wage-And-Hour Cases

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    As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study preemption as a potential defense, says Michael Giambona of McDermott.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Rules For Mass. Discrimination Claims Could Get Revamped

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    While most of the proposed procedural changes at the Massachusetts Commission Against Discrimination appear to be designed for the convenience and efficient operation of the commission, a few may leave some complainants at a disadvantage, say Brian MacDonough and Jaclyn McNeely of Sherin and Lodgen.

  • State Net

    California's Data Protection Law: Not Quite A Done Deal

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    The California Consumer Privacy Act, the first law of its kind in the nation, doesn't take effect for another 10 months — which, to lawmakers, tech companies and maybe even Gov. Gavin Newsom, means there is still plenty of time to change it, says Rich Ehisen of State Net Capitol Journal.

  • OFCCP Case Sheds Light On Pay Equity Analysis Techniques

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    A U.S. Department of Labor judge's recent ruling in Office of Federal Contract Compliance Programs v. Analogic highlights several issues that the OFCCP and contractors must consider when conducting statistical analyses of alleged discriminatory pay practices, say Kevin Weissman and Gurkan Ay of Resolution Economics.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Opinion

    Auditors Are Not Watchdogs

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    Comments made by several justices of the Massachusetts Supreme Judicial Court at oral argument in Chelsea Housing Authority v. McLaughlin reflect a basic misunderstanding of independent auditors' responsibilities, and the function of an audit in general, say Lisa Wood and Matthew Miller of Foley Hoag LLP.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • State Net

    A Limited Victory For Pension Reform

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    Earlier this month, the California Supreme Court upheld a reform that stripped public employees of the right to buy credits to boost their pensions. Across the country, states and their pension funds are facing up to the recurrent problem of unfunded liabilities to an unprecedented degree, says Lou Cannon of State Net Capitol Journal.

  • What's Ahead For Autonomous Vehicle Test Driver Regs

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    After a handful of crashes over the last 18 months, all aspects of autonomous vehicle technology have come under increased scrutiny by regulators and lawmakers. Now test driver qualifications are under the microscope as well, say Eric Tanenblatt and Crawford Schneider of Dentons.

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