Massachusetts

  • January 18, 2018

    CSX Insists Entire Mass. Sick Time Law Preempted

    Railroad giant CSX Transportation Inc. asked a Massachusetts federal judge Thursday to conclude that the state’s entire earned sick time law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, arguing for the expansion of a previous circuit court ruling.

  • January 18, 2018

    Enviro Group Beats Auto Recycler's Counterclaims For Now

    A Massachusetts federal judge on Wednesday threw out an auto salvage company’s claims that nonprofit environmental group Clean Water Action had filed a frivolous lawsuit against it, but gave the company one more chance to fix its allegations against the organization.

  • January 18, 2018

    Ex-Mass. RMV Clerk Gets 15 Months For Fake ID Scheme

    One of four former Massachusetts Registry of Motor Vehicles clerks accused of participating in a scheme to produce fake identification documents for undocumented immigrants was sentenced by a federal judge on Wednesday to 15 months in prison and two years of supervised release.

  • January 17, 2018

    Former Grad School President Agrees To Charity Board Ban

    The Massachusetts Attorney General’s Office announced Tuesday that the former president of a small graduate school near Cape Cod has been permanently barred from serving on state nonprofit boards as part of a settlement resolving allegations he collected an excessive salary and benefits.

  • January 17, 2018

    Todd & Weld Picks Up Four Partners From Collora

    Boston-based litigation boutique Todd & Weld LLP announced Wednesday it has added four trial partners with expertise in areas ranging from employment law to white collar defense to government investigations from Collora LLP, which was recently acquired by Hogan Lovells.

  • January 17, 2018

    Martha’s Vineyard Exorcist Gets Over 2 Years, $4.2M Penalty

    A prominent East Coast psychic was sentenced on Wednesday to two years and two months in prison and agreed to repay more than $4.2 million of income plus taxes she admitted to concealing over seven years that an elderly Martha's Vineyard woman paid to undergo exorcism routines.

  • January 17, 2018

    J&J Unit Can't Nix FCA Suit Over Hip Implants Yet

    A Massachusetts federal judge on Wednesday nixed a bid from Johnson & Johnson Services Inc. and its subsidiary DePuy Orthopaedics Inc. to escape a revised version of a suit alleging they indirectly submitted false claims to the government for faulty hip replacement devices.

  • January 17, 2018

    Mass. Regulator Charges Man Over Cryptocurrency Scheme

    The Massachusetts securities regulator on Wednesday accused a Brookline-based man and his Cayman Islands company, Caviar, of running a cryptocurrency scheme.

  • January 17, 2018

    Ex-Aveo Exec Says SEC Exaggerated Role In Investor Fraud

    Aveo Pharmaceuticals Inc.’s former chief medical officer told a Massachusetts federal court Tuesday that he shouldn't have to pay a fine or be barred from leadership positions because the U.S. Securities & Exchange Commission exaggerated his alleged role in deceiving investors about Aveo's kidney cancer drug, Tivo.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Tattoo Removal Co. Mostly Escapes False Ad Class Action

    Massachusetts company Cynosure Inc., which manufactures aesthetic laser machines used in tattoo removal procedures, on Tuesday escaped the bulk of a class action brought against it by clinics who purchased the lasers, and alleged the products did not live up to what was represented in advertising materials.

  • January 16, 2018

    Mass. Fed. Judge Bemoans 'Megatrials' As Resource Drain

    A Massachusetts federal judge on Tuesday criticized the increasing phenomenon of monthslong “megatrials” that clog up courts and drain resources from taxpayers and defendants alike, and refused to reconsider time limits in an upcoming bribery trial of former employees of proxy solicitation firm Georgeson.

  • January 16, 2018

    Vistaprint Sent Anti-Gay Pamphlets On Eve Of Wedding: Suit

    A recently married gay couple sued Vistaprint in Massachusetts federal court Tuesday, claiming that the custom printing company sent them copies of a pamphlet containing passages “equating their relationship to Satan’s temptation” rather than the wedding programs they had ordered.

  • January 16, 2018

    Senate Dems Unite On Effort To Reverse Net Neutrality Order

    With one GOP senator on board, Senate Democrats Tuesday voiced unanimous support for legislation to reinstate so-called net neutrality rules barring internet service providers from throttling delivery speeds for web content based on corporate deals.

  • January 16, 2018

    Purdue's ‘Duplicative’ Suit Over OxyContin Generic Gets Ax

    Tweaks to a generic opioid’s labeling did not warrant OxyContin maker Purdue Pharma LP to file a separate lawsuit repeating extant patent infringement claims, a federal judge decided in a Boston court hearing Tuesday.

  • January 16, 2018

    5 Cos. Launch IPOs Surpassing $1B As January Gains Steam

    An Argentine airport retailer, a private equity-backed gaming machines company and three venture-backed life science firms launched initial public offerings surpassing $1 billion on Tuesday, adding to a growing stack of deals set to price in late January.

  • January 16, 2018

    Avid's $1.3M Deal With Investors Over Stock Drop Gets OK

    A Massachusetts federal judge on Friday preliminarily approved Avid Technology Inc.’s $1.3 million settlement resolving a securities fraud class action over the rollout of one of its products after both sides in the suit agreed to tweak the deal in response to concerns from the judge.

  • January 16, 2018

    Exxon Insists Climate Change Speech Claims Are Valid

    ExxonMobil told a judge Friday it has made its case that climate change probes launched by the attorneys general of New York and Massachusetts violate its free speech rights, documenting meetings between New York Attorney General Eric Schneiderman and climate activists to bolster its argument.

  • January 12, 2018

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2017 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 12, 2018

    The Firms That Dominated In 2017

    Law360’s Firms of the Year rose above the competition with a combined 24 Practice Group of the Year awards after helping their clients win game-changing judgments and close record-breaking deals in 2017. Here’s a closer look at how they landed at the top.

Expert Analysis

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.