Massachusetts

  • August 19, 2020

    Actavis Inks Settlement In ADHD Drug Antitrust Suit

    Pharmaceutical company Actavis told a Massachusetts federal court Wednesday that it had reached a settlement with the direct purchaser class in a lawsuit that accused the company, along with fellow pharma company Shire, of conspiring to delay sales of a generic version of the attention deficit hyperactivity disorder medication Intuniv.

  • August 19, 2020

    Mylan Launches MS Drug Generic Amid Biogen Patent Fight

    Mylan launched its generic version of Biogen's $4 billion-a-year multiple sclerosis drug Tecfidera on Wednesday, capitalizing on a patent invalidation that cut Biogen's exclusivity period short by eight years.

  • August 19, 2020

    Split 9th Circ. Says Amazon Drivers Don't Have To Arbitrate

    A divided Ninth Circuit said Wednesday that Amazon delivery drivers are transportation workers engaged in interstate commerce even if they only make deliveries in one state, clearing a path for their legal disputes to play out in court instead of private arbitration.

  • August 19, 2020

    Cravath, Latham Steer J&J's $6.5B Momenta Buy

    Johnson & Johnson and Momenta announced Wednesday that the consumer products and drug manufacturer will buy the rare disease research and biotechnology company in a $6.5 billion deal guided by Cravath and Latham & Watkins.

  • August 18, 2020

    CFPB Seeks To Blunt Challenge To Financial Law 'Taskforce'

    The Consumer Financial Protection Bureau on Monday hit back at a lawsuit challenging its creation of a "taskforce" to review federal consumer financial laws, telling a Boston federal court that the consumer advocates behind the litigation lack standing to get the advisory panel shut down.

  • August 18, 2020

    Postal Service Backs Off Changes As States Launch Lawsuits

    Attorneys general in Washington and Pennsylvania said Tuesday they were filing suit on behalf of a broad coalition of states challenging operational changes within the U.S. Postal Service, hours before the service announced it would halt further changes until after the November election.

  • August 18, 2020

    DC Circ. Asked To Review Rule Allowing LNG To Move By Rail

    Half a dozen environmental groups and more than a dozen states asked the D.C. Circuit Tuesday to invalidate the U.S. Department of Transportation's new rule that allows liquefied natural gas to be transported by rail in bulk.

  • August 18, 2020

    Surgeon, Distributor Cop To Kickbacks In Medical Fraud Case

    An orthopedic surgeon and a medical distributor have copped to kickback charges and obstruction of an investigation into a Massachusetts medical device company's alleged $8 million scheme to line doctors' pockets in exchange for their use of its spinal surgery products, the U.S. Department of Justice said Tuesday.

  • August 18, 2020

    Naturalization Fee Hike Is 'A Wealth Test,' Says New Suit

    A Massachusetts legal nonprofit asked a federal court to bar U.S. Citizenship and Immigration Services from raising fees for green card holders applying for naturalization on Monday, calling the rate hike "a wealth test for citizenship."

  • August 18, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic managed to drive newsworthy enforcement, funding and reopening developments over the past week despite competing headlines from Tropical Storm Isaias and politics.

  • August 18, 2020

    Teva Paid $300M Kickbacks Through Copay Groups, Feds Say

    Teva Pharmaceuticals USA Inc. used two copay foundations to funnel more than $300 million in illegal kickbacks to Medicare patients using its multiple sclerosis drug, effectively subsidizing the treatment while steadily boosting its price, federal prosecutors alleged Tuesday.

  • August 17, 2020

    Feds Seek Prison For Loughlin, Giannulli Over 'Varsity Blues'

    Actress Lori Loughlin and her husband, clothing designer Mossimo Giannulli, should get two and five months behind bars, respectively, because their crimes as part of the "Varsity Blues" college admissions scandal are comparable to those of other defendants who've received similar sentences, prosecutors argued Monday.

  • August 17, 2020

    Inflammatory Disease Biotech Kymera Launches $125M IPO

    Kymera Therapeutics on Monday readied a $125 million initial public offering with help from Goodwin Procter LLP and WilmerHale, as the biotechnology company looks to fund clinical trials for treatments of inflammatory and autoimmune diseases and cancers.

  • August 17, 2020

    Boston Calls Officers' $2.3M Fee Request 'Beyond The Pale'

    Calling the request "beyond the pale," the city of Boston asked a federal judge to pare down a $2.3 million fee bid by Black police officers who won a $484,000 back pay ruling in a long-running discrimination case, citing a litany of issues including "egregiously high" hourly rates.

  • August 17, 2020

    Biopharm Co. Leaders Accused Of 'Grossly Excessive' Pay

    A Sage Therapeutics stockholder filed a derivative lawsuit on Friday in Delaware Chancery Court, claiming the average pay for nonemployee directors at the biopharmaceutical company is "grossly excessive" and far outpaces that of larger and more profitable companies.

  • August 17, 2020

    After Methane Rollback, EPA Urges Toss Of States' Lawsuit

    The U.S. Environmental Protection Agency said Friday that its recent move to reverse Obama-era methane emissions standards impacting oil and gas infrastructure means litigation brought by a coalition of states to force additional regulation should be thrown out.

  • August 17, 2020

    College Test Admin In 'Varsity Blues' Case Will Plead Guilty

    A Houston-area test administrator will plead guilty next month in the "Varsity Blues" college admissions and testing scandal after striking a deal with prosecutors who accused her of taking bribes to help rig students' college entrance exams, according to a court notice Saturday.

  • August 14, 2020

    Tribe, Feds Spar With Maine Over River Rights At 1st Circ.

    The Penobscot Nation and the federal government have pressed the full First Circuit to rule that all of the Penobscot River is part of the tribe's reservation, while Maine and several towns argue that the tribe's authority and fishing rights are clearly limited to the islands in the river.

  • August 14, 2020

    Liberty Mutual Faces Class Action Over Benefits Calculation

    A former Liberty Mutual employee slapped the insurance giant with a proposed class action in Massachusetts federal court Friday, saying the company unlawfully refused to credit his time at Safeco — which Liberty acquired in 2008 — when calculating his retirement benefits.

  • August 14, 2020

    Cannabis Corruption Cases Ramp Up With FBI Scrutiny

    As the cannabis industry has spread from coast to coast, the feds have largely steered clear of enforcing federal drug laws against businesses operating in the gray area between state and federal law. But that doesn't mean they're not watching.

  • August 14, 2020

    Justices Told 1st Circ. Created ERISA Loophole For PE Funds

    A Teamsters pension plan has asked the U.S. Supreme Court to take up its withdrawal liability fight with Sun Capital, saying a First Circuit decision letting the private equity fund off the hook for $9.4 million in the ERISA suit "creates a loophole that eviscerates the purpose of the statute."

  • August 14, 2020

    COVID-19 Vaccine Maker, Software Co. IPOs Raise $618M

    German biopharmaceutical company CureVac, which is working on a coronavirus vaccine, and insurance software provider Duck Creek both started trading Friday after the companies' pair of initial public offerings raised a total $618 million.

  • August 14, 2020

    IP Hires: McDermott, Kilpatrick, Gibson Dunn, K&L Gates

    McDermott, Kilpatrick, Gibson Dunn and K&L Gates have all added new intellectual property attorneys to their ranks, while partners from Baker Botts and Akin Gump launched a new boutique in Houston. Here are the details on these notable hires.

  • August 14, 2020

    Bingham Alum To Lead Mass. AG's New Privacy Unit

    Massachusetts Attorney General Maura Healey has named a longtime office staffer and former Bingham McCutchen LLP attorney to oversee a new unit aimed at protecting consumers from threats to privacy or attacks on their data.

  • August 14, 2020

    Racetrack Tells 1st Circ. Wynn RICO Scam Had No Finish Line

    An East Boston racetrack on Thursday asked the First Circuit to reinstate its $1 billion racketeering suit claiming Wynn Resorts cheated it out of a casino license, saying a federal judge wrongly found the alleged scheme ended when regulators granted the bid and Wynn executives resigned.

Expert Analysis

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Calif. Ruling Will Help Cos. Fight Fraud-By-Implication Suits

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    The California Court of Appeal's recent ruling in Shaeffer v. Califia Farms — holding that a company's claims about its product did not imply false claims about other companies' products — provides an important framework that food manufacturers can use to dispose of similar cases at the pleading stage, say attorneys at Covington.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • 10 Key Considerations For Commercial Leases After COVID-19

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    Negotiating commercial leases after COVID-19 will require careful attention to many issues arising from both landlords' and tenants' new priorities, as well as government regulations, say Cynthia Keliher and Jonathan Pizarro-Ross at McCarter & English.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

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