Massachusetts

  • June 11, 2019

    High Court Asked To Decide If Puerto Rico Fed Board Is Legal

    The government has asked the U.S. Supreme Court to override a First Circuit ruling that the federal board overseeing Puerto Rico's financial overhaul was unconstitutionally appointed, saying the ruling calls 200 years of territorial government into question.

  • June 11, 2019

    GSK Seeks Ax Of Zofran Birth Defect Claims

    GlaxoSmithKline on Tuesday asked a Massachusetts federal judge to toss certain claims in multidistrict litigation alleging that its anti-nausea drug Zofran caused birth defects, saying that the patients hadn't shown the drug caused some of the purported defects.

  • June 11, 2019

    Mass. Judge Skeptical Of 6-Month Immigrant Detention Limit

    A Massachusetts federal judge on Tuesday wrestled with whether it makes sense to establish a “bright-line” rule for how long an immigrant with a criminal record can be detained before a bond hearing is necessary, but said a class may have a point in arguing that lengthy incarceration raises due process concerns.

  • June 11, 2019

    FBI 'Engineered' Bribery Case In Haiti, Jury Hears

    Undercover agents with the Federal Bureau of Investigation pressured two men to divulge a bribery scheme in Haiti to fund an $84 million port project, but never proved that any such conspiracy existed, lawyers for the men told a federal jury in Boston on Tuesday as a weeklong trial began.

  • June 11, 2019

    Senate Dems Can't Get Net Neutrality Bill To The Floor

    A Republican senator on Tuesday downed a trio of Democrats' ill-fated effort to force an immediate Senate vote on legislation to restore net neutrality, relegating the House-passed bill to what Democrats call the Senate's "legislative graveyard."

  • June 10, 2019

    Mass., NJ Say Real Estate Empire Sold Unregistered Securities

    Massachusetts, New Jersey and other states on Monday accused an Illinois man and his real estate investment company of selling tens of millions of dollars of unregistered securities in what Massachusetts called “a monumental and byzantine investment empire.”

  • June 10, 2019

    SEC Says Co. Must Allow Investor Vote On LGBT Protections

    The U.S. Securities and Exchange Commission has ruled that a California health care management company can't block a proposed shareholder vote raising concerns about a lack of LGBTQ-specific language in its workplace policies. 

  • June 10, 2019

    Raytheon, UTC Claim 'Very Little Overlap' For Antitrust

    Executives from Raytheon and United Technologies expressed confidence Monday that their massive all-stock merger will obtain regulatory approval early next year, arguing the companies' aviation and defense businesses are "complementary" rather than competitive, and thus pose little antitrust concern.

  • June 10, 2019

    Manatt Opens Boston Office With Ex-Holland & Knight Partner

    Manatt Phelps & Phillips LLP, which already boasts a strong client presence in Boston, has officially put down roots in the Hub with a new office helmed by a leading privacy and data security partner who came to the firm from Holland & Knight LLP.

  • June 10, 2019

    Thermo Fisher Drops $925M Gatan Deal Under UK Pressure

    Microscope supplier Thermo Fisher Scientific Inc. on Monday said it is no longer pursuing a purchase of California-based competitor Gatan Inc. after Britain’s antitrust authority said it may block the proposed $925 million deal due to concerns over competition.

  • June 10, 2019

    Merck Buys Again, Adding Biopharma Tilos In $773M Deal

    Merck said Monday it would acquire Wilson Sonsini-led biopharmaceutical firm Tilos Therapeutics in a deal worth as much as $773 million, adding a business focused on treatments for cancer, fibrosis and autoimmune diseases as it continues a recent buying spree.

  • June 10, 2019

    Insys Hits Ch. 11 After $225M Kickback Settlement

    Facing a bevy of lawsuits and declining sales for its flagship opioid, Insys Therapeutics filed for Chapter 11 protection Monday in Delaware with plans to sell the company in a bankruptcy auction, listing liabilities totaling $262.5 million, days after a $225 million settlement resolved kickback claims.

  • June 9, 2019

    Shearman, Wachtell Lead Massive Raytheon-United Tech Deal

    Raytheon, led by Shearman & Sterling, and United Technologies, led by Wachtell, said Sunday they plan to join forces in an all-stock merger that stands to create a giant in the aerospace and defense sector.

  • June 7, 2019

    Feds Seek 13 Months For Ex-Stanford Coach In 'Varsity Blues'

    The former Stanford University sailing coach who pled guilty in the "Varsity Blues" college admissions cheating scandal asked for probation Friday while Boston federal prosecutors argued he should get 13 months behind bars.

  • June 7, 2019

    Power Generators Beat Energy Cost Antitrust Claims

    A Massachusetts federal court on Friday threw out a proposed class action brought by a small electricity reseller that alleged Eversource Energy and Avangrid Inc. had artificially inflated wholesale power prices, deciding the allegations improperly targeted rates set by the Federal Energy Regulatory Commission.

  • June 7, 2019

    FBI Agents Admit They Lost Call Recordings In Bribe Case

    Three FBI officials testified in Boston federal court Friday that they have no idea how the agency lost two recordings of an undercover agent's phone calls with a man accused of soliciting bribes from Haitian officials to fund an $84 million port project.

  • June 7, 2019

    Genuine Parts Wants Millions For Busted Essendant Merger

    Automotive and industrial parts distributor Genuine Parts Co. told a Delaware vice chancellor Friday it is owed many millions more in damages than a $12 million termination fee it received after Essendant Inc. ended a merger deal by instead entering a tie-up with Staples Inc.

  • June 7, 2019

    USCIS Sued Again Over Juvenile Immigrant Protections Policy

    U.S. Citizenship and Immigration Services must fight yet another challenge in federal court to an alleged policy change that makes it more difficult for young people between 18 and 21 abused or neglected by their families to qualify for special immigrant protections.

  • June 7, 2019

    'Legal Impossibility' Lets Convicted Ex-NECC Execs Off Hook

    A Massachusetts federal judge overturned the convictions of a pair of former New England Compounding Center executives Friday, agreeing that their guilt was “legally impossible” even as he acknowledged not being aware of the defense ever having worked before.

  • June 7, 2019

    $1.4M 'Black Silicon' IP Verdict Not Enough, Harvard Says

    Japanese optical device maker Hamamatsu should pay more than $3 million in patent infringement damages, interest and attorney fees for stealing "black silicon" technology created by a Harvard professor, in addition to the jury's $1.4 million verdict, a Harvard-backed company told the Massachusetts federal court.

  • June 7, 2019

    Mass. Jury Awards $11.5M In Toddler Brain Damage Case

    A Massachusetts state jury has awarded $11.5 million in a suit accusing a radiologist of misinterpreting an X-ray which caused a toddler to suffer cardiac arrest resulting in permanent brain damage.

  • June 7, 2019

    Feds Say Power To Search Phones At Border Well Supported

    Requiring warrants for searching cellphones and electronics at the border would push the security of the United States into "uncharted waters" and has no support in either law or fact, the federal government has argued in a bid to win a suit brought by the American Civil Liberties Union.

  • June 7, 2019

    States Call For Unredacting Of Their Generic-Drug Pricing Suit

    The attorneys general of 44 states and Puerto Rico want a Pennsylvania federal judge to make public an unredacted version of their suit accusing major drugmakers of orchestrating a sprawling scheme to fix the price of generics, saying the suit’s subject matter was of "paramount public significance."

  • June 7, 2019

    Taxation With Representation: Cleary, Kirkland, Hunton

    In this week’s Taxation with Representation, Google buys Looker for $2.6 billion, Infineon acquires Cypress Semiconductor for $10.2 billion, a J.P. Morgan-affiliated fund buys El Paso Electric Co. for $4.3 billion and Hospitality Properties buys a net lease portfolio from Spirit MTA for $2.4 billion.

  • June 7, 2019

    Dechert Led-Barings Nabs $943M For 1st Real Assets Fund

    Barings, a financial services firm owned by Massachusetts Mutual Life Insurance, on Friday said its new private equity fund brought in $943 million, as the Dechert LLP-led company focuses for the first time on investments in real assets and their related businesses. 

Expert Analysis

  • Series

    Why I Became A Lawyer: Finding A Voice, And A New Home

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    My Fulbright scholarship project developed after I talked to my grandmother in the Philippines about the cost of her medication. Drugs developed in the U.S. and Europe are typically sold there for prices beyond the reach of many Filipinos. So I advocated for compulsory licensing for lifesaving medicines, says Melissa Martinez of McGuireWoods LLP.

  • Perspectives

    Sentencing Data Raise Major Questions About Guidelines

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    A 30-city report by the U.S. Sentencing Commission sheds new light on the prevalence of unwarranted sentencing disparities in federal cases, and should get more attention from prosecutors, defense attorneys, judges and the public, says Stephen Lee of Benesch Friedlander Coplan & Aronoff LLP.

  • Series

    Judging A Book: Willett Reviews 'Guilty Pleasures'

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    Professor Laura Little’s new book, "Guilty Pleasures: Comedy and Law in America," will make you laugh and make you think — and to a federal circuit judge who reads the Constitution for the articles, it is ... appealing, says Fifth Circuit Judge Don Willett.

  • Women In Law Need Equal Treatment, Not Affirmative Action

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    The sheer number of women entering the legal profession means gender equality is coming, one way or the other. This Women’s History Month, BigLaw firms should reflect on this with the understanding that they dismiss the flight of senior female attorneys from their ranks at their peril, says Tamara Kurtzman, founder of TMK Attorneys PC.

  • Rebuttal

    Visible Diversity Is A Sign Of Organizational Health

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    A recent Law360 guest article cautioned against the hazards that can stem from pursuing "optimal" diversity, but overlooks the value of paying attention to visible diversity, says Matt Lykken of Potomac Law Group PLLC.

  • Simple Secrets For Writing A Killer Brief

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    These days, the legal profession offers meager opportunity for oral argument, so we need to focus on being better, brighter, tighter writers. And the key to writing a better brief is grabbing your judge's attention with a persuasive, well-crafted story, says Daniel Karon of Karon LLC.

  • Online Retailers, States Watch Mass. Remote Tax Suit

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    Last week, Massachusetts moved to dismiss Blue Nile v. Harding — filed by online retailers over the state’s enforcement of a remote sales tax regulation prior to the U.S. Supreme Court’s South Dakota v. Wayfair ruling. The outcome of this suit may impact other states’ enforcement of similar regulations, say Trevor Mauck and Theodore Botts of Baker McKenzie.

  • State Net

    How States Are Disputing Trump's Border Wall Emergency

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    On Presidents Day, 16 states sued President Donald Trump, alleging that his proclamation of a national emergency to divert funding to his proposed border wall was unconstitutional. But Trump could legally spend much of the money in question without an emergency declaration, says Lou Cannon of State Net Capitol Journal.

  • IPR Estoppel Increasingly Applies

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    In the wake of the U.S. Supreme Court's decision last year in SAS Institute v. Iancu, federal court decisions have broadened the scope of inter partes review estoppel, say Brett Cooper and Kevin Schubert of McKool Smith PC.

  • 3 Lessons From A Crypto Mock Trial

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    We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

  • States Follow The IRS In Joining The Big Data Revolution

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    In recent months, we have gained significant insight into how the IRS and state taxing authorities are leveraging advanced technology and machine learning to mine the taxpayer data that they collect and retain, say attorneys at Ropes & Gray LLP.

  • Q&A

    A Chat With McDermott COO John Yoshimura

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • Identifying Jurors Who Are Susceptible To The Reptile Strategy

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    A recent survey we conducted suggests that jurors who are most susceptible to the "reptile" strategy — convincing them that the defendant is a threat — can be preemptively identified by gauging their reaction to specific safety concerns, says Christina Marinakis of Litigation Insights.

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