Massachusetts

  • February 03, 2023

    Brandeis Students Eye Class Status In COVID Refund Case

    Brandeis University students seeking refunds because of the school's closure during the COVID-19 shutdown have asked a Boston federal judge to certify their proposed class of more than 5,000 undergraduate and graduate students, saying they have identical qualms about the school.

  • February 03, 2023

    Edelson, Kaplan Fox, Pomerantz Seek To Rep FTX Investors

    Five investors suing former FTX CEO Sam Bankman-Fried and others over the recent collapse of the now-bankrupt cryptocurrency exchange asked a California federal judge Thursday to consolidate their proposed class actions and appoint Edelson PC, Kaplan Fox & Kilsheimer LLP and Pomerantz LLP as interim co-lead class and trial counsel.

  • February 03, 2023

    Barstool Founder Drops Bid To Revive Insider Defamation Suit

    Barstool Sports Inc. founder Dave Portnoy has dropped his appeal to revive a defamation suit against Insider for two articles he claimed falsely accused him of sexual assault.

  • February 02, 2023

    Harvard Ducks Some Vizgen Counterclaims In Patent Row

    A Delaware federal judge agreed to trim counterclaims against Harvard University that Vizgen Inc. launched in a patent suit over spatial imaging technology, although rival 10x Genomics Inc. was unable to dodge certain allegations in the case.

  • February 02, 2023

    Brothers Plead Not Guilty To Energy Contract Kickbacks

    Two Massachusetts brothers accused of paying kickbacks to get millions of dollars' worth of state-subsidized energy efficiency contracts pled not guilty on Thursday to a second batch of federal charges.

  • February 02, 2023

    GE, Siemens Scolded For 'Self-Interest' In Wind Farm Fight

    A federal judge skewered General Electric Co. and Siemens Gamesa Renewable Energy on Thursday for placing "corporate self-interest" before high-stakes climate change concerns, settling what he saw as an unnecessary post-trial fight between the rivals that are "locked in a global struggle for dominance" over the offshore wind market.

  • February 02, 2023

    Deals Rumor Mill: Bed Bath & Beyond, Stripe, Twitter

    Bed Bath & Beyond is moving closer toward bankruptcy, payments giant Stripe is seeking $2.5 billion in a new funding round led by Thrive Capital, and Twitter has begun paying interest on massive debt incurred after Elon Musk's buyout. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • February 02, 2023

    End Is Near In Fight Over Plant Upgrade For $1B Power Line

    NextEra Energy and the developer of a proposed $1 billion transmission line in New England have largely resolved their fight over a power plant upgrade that's crucial to the line's completion, but the Federal Energy Regulatory Commission won't let NextEra shift certain upgrade costs to the transmission developer, according to an order issued Wednesday.

  • February 02, 2023

    Senate Panel Approves 15 Judge Picks In 1st Votes Of Year

    The Senate Judiciary Committee approved 15 judicial nominees Thursday, teeing up the first tranche of federal court picks available for confirmation votes this year by the newly expanded Democratic majority.

  • February 02, 2023

    1st Circ. Won't Reinstate Fired Cop's Race Bias Suit

    The First Circuit upheld the dismissal of a Black and Hispanic ex-cop's suit alleging he was unfairly fired because of his race after a violent altercation with a civilian, saying that he didn't show officers accused of similar infractions got to keep their jobs.

  • February 02, 2023

    Clyde & Co. Combines With Boston Insurance Boutique

    London-founded Clyde & Co. LLP has opened its 15th U.S. office by combining with boutique Hermes Netburn O'Connor & Spearing PC to establish a presence in the key Boston insurance market, the firms announced Thursday.

  • February 01, 2023

    Regeneron Says DOJ Cried Fraud 'Despite Knowing The Truth'

    The U.S. Department of Justice ignored and concealed evidence that hollows out the core of a False Claims Act suit accusing Regeneron Pharmaceuticals of defrauding Medicare by disguising kickbacks as charitable donations, the drugmaker asserted in a sweeping bid to avoid trial in Massachusetts.

  • February 01, 2023

    Hub Hires: Burns, Mintz, Nutter, SEC, Withers

    Attorneys kicked off the New Year at new offices and with new titles across Boston, including the U.S. Securities and Exchange Commission's regional office naming a new leader and two former Todd & Weld LLP attorneys starting out on their own with a new boutique firm.

  • February 01, 2023

    MassMutual Seeks Escape From Workers' 401(k) Suit

    MassMutual wants to be let out of a proposed class action filed by one of its employees over its 401(k) plan, saying that her claims are time-barred and that she has failed to show how MassMutual's management of the plan was imprudent.

  • February 01, 2023

    Insys Founder Asks To Leave Prison After 2 Heart Attacks

    The convicted founder of Insys Therapeutics Inc. asked a Massachusetts federal judge to leave prison before the end of his 5½-year term for orchestrating an opioid kickback scheme, saying in a late Tuesday motion that he's had two heart attacks behind bars and needs care that the prison system cannot provide.

  • February 01, 2023

    Boston Scientific Hit With $42M Stent Patent Verdict

    A federal jury in Delaware has ruled that Boston Scientific infringed a patent related to stent systems, ordering the medical device giant to pay $42 million to the University of Texas and TissueGen Inc.

  • January 31, 2023

    Fisheries Ask Court To Reject Defense Of Mass. Wind Project

    Massachusetts fishing industry groups on Tuesday rebuffed the government's attempt to halt their litigation concerning an 800-megawatt coastal wind farm's approval, asking a federal judge to rule in their favor, and arguing they proved their standing and have laid out the potential damages they face from environmental degradation.

  • January 31, 2023

    'Age-Old' Fraud Scheme Gets Crypto Founder 8 Years

    The founder of a defunct cryptocurrency business was sentenced to more than eight years in prison Tuesday by a Massachusetts federal judge who chastised him for carrying out an "age-old scheme" in a glitzy new medium when he bilked $7.6 million from investors and customers.

  • January 31, 2023

    KnowBe4 Investors Sue In Del. Over $4.6B Take-Private Deal

    Investors in security awareness platform KnowBe4 Inc. have sued to investigate events leading to its proposed $4.6 billion merger with affiliates of private equity firm Vista Equity Partners Management LLC, filing two separate actions in Delaware's Chancery Court on the eve of a Tuesday stockholder vote.

  • January 31, 2023

    Todd & Weld Partners Exiting To Launch Boston Boutique

    Two partners at Todd & Weld LLP are leaving the boutique firm to start their own education, business litigation and white collar defense firm in Boston.

  • January 31, 2023

    Trucking Co. Must Arbitrate Pension Fight With Teamsters

    A dispute between a trucking company and the Teamsters over $1.5 million in alleged pension debt belongs before an arbitrator, a Massachusetts federal judge ruled Tuesday, tossing the suit after finding that the Multiemployer Pension Plan Amendments Act's mandatory arbitration provision applied.

  • January 31, 2023

    Biotech Goosed Stock With Omicron Vax Claims, Suit Says

    An investor in the biotech company formerly known as Adagio Therapeutics Inc. filed suit Monday in Boston federal court, claiming executives made empty boasts about its COVID-19 vaccine and caused the stock price to tank after the results showed the drug didn't work against the Omicron variant.

  • January 31, 2023

    Goodwin Adds Simpson Thacher Counsel As Partner In DC

    Goodwin Procter LLP has added a Simpson Thacher & Bartlett LLP counsel to its antitrust and competition practice, the firm announced.

  • January 31, 2023

    ArcLight Invests $150M In Battery Storage Company

    Boston-based middle-market infrastructure investor ArcLight Capital Partners LLC on Tuesday announced that it had made a $150 million commitment to Elevate Renewable Energy LLC, a new company focused on utility-scale battery storage resources, to advance the transition to clean energy.

  • January 30, 2023

    Pressure Builds On Senate To Move Sohn Nomination

    U.S. Senate leaders are facing ramped-up pressure from Democratic officials to confirm Gigi Sohn's nomination to the Federal Communications Commission, as no formal votes or hearings are scheduled on her selection.

Expert Analysis

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • How Proposed BOEM Regs Will Boost Offshore Wind Projects

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    Newly proposed offshore wind project regulations from the Bureau of Ocean Energy Management represent a substantial regulatory shift that will improve transparency around the timing of lease auctions, streamline approval and oversight for projects in development, and provide needed guidance for future projects, say attorneys at K&L Gates.

  • Strategies For Cos. Navigating NY Digital Fair Repair Act

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    New York's recently enacted Digital Fair Repair Act requires original equipment manufacturers for electronic devices to provide diagnostic and repair information to both consumers and independent repair shops, so companies should prepare strategies to overcome compliance challenges regarding copyright and end user license agreements, say attorneys at Carter Ledyard.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • And Now A Word From The Panel: 2022 MDLs By The Numbers

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    A highlight of the Judicial Panel on Multidistrict Litigation's practice during 2022 was the significant percentage increase of new MDL petitions granted — and given how many actions and plaintiffs may be involved in a single MDL, the true impact of this increase may be even greater than it appears, says Alan Rothman at Sidley.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • What's At Stake In High Court's Tribal Bankruptcy Ruling

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    By accepting Lac du Flambeau v. Coughlin, the U.S. Supreme Court has an opportunity to revisit tribal sovereign immunity by way of interpreting the U.S. Bankruptcy Code, with significant repercussions when tribes are eligible to file as debtors, says Wilda Wahpepah at Sheppard Mullin.

  • Policyholder Lessons From 1st Circ. Duty To Defend Ruling

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    In Lionbridge Technologies v. Valley Forge Insurance, the First Circuit recently held that the obligation to defend an insured is not limited to the specific causes of action expressly stated in a complaint, providing policyholders with persuasive arguments in support of the duty to defend, say Catherine Doyle and Caroline Meneau at Jenner & Block.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

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