• March 23, 2018

    1st Circ. Rejects CVS Workers' ERISA Claims As Hindsight

    The First Circuit refused Friday to revive a suit by investors in a CVS Health Corp. employee benefit fund alleging the asset managers’ choices were too conservative, ruling their contentions about the fund’s handling were based on hindsight knowledge of what happened in the markets.

  • March 23, 2018

    Harvard Prof Denied Tenure Loses Gender-Bias Suit

    Despite recognizing evidence of gender bias at Harvard University, a federal judge ruled in an order unsealed Friday that a former associate anthropology professor failed to prove the Ivy League school denied her application for tenure in 2013 because she was a woman or in retaliation for her advocacy of sexual assault victims.

  • March 23, 2018

    Feds Say Phone Ban Necessary To Stop Serial Robo-Caller

    The Federal Trade Commission said Friday that an alleged repeat robo-caller who has expanded to unauthorized credit inquiries since his last sanction will only desist if a Massachusetts judge bans the businessman and his company from telemarketing altogether.

  • March 23, 2018

    Nurses Back AG On Staffing Question At Mass. High Court

    The Massachusetts Nurses Association on Thursday backed state Attorney General Maura Healey’s bid before the state’s high court supporting a proposed ballot question on whether hospitals can reduce staffing to meet certain patient ratios, which a group of taxpayers think is too confusing for voters.

  • March 23, 2018

    State AGs Say Consumers Better Off Without Data Breach Bill

    The attorneys general of 31 states have urged House lawmakers to scrap a federal data breach notification bill meant to streamline nationwide reporting requirements for businesses, arguing that it lets companies avoid disclosing hacks unless consumers are also the victim of a crime.

  • March 23, 2018

    Doc Lands 8 Years, Owes $9M For Shady Medicare Billing

    A Massachusetts doctor who pled guilty last year to defrauding Medicare and other insurers at his pain management practice to fund a cushy lifestyle was sentenced Thursday to eight years in prison and ordered to pay nearly $9 million in restitution, U.S. Department of Justice officials said.

  • March 23, 2018

    Dem AGs Urge 6th Circ. To Back Coal Ash Disposal Ruling

    Four Democratic attorneys general on Thursday urged the Sixth Circuit to uphold a lower court's ruling ordering the Tennessee Valley Authority to move coal ash waste to a lined impoundment area, arguing that a reversal could encourage polluters to skirt Clean Water Act discharge regulations.

  • March 23, 2018

    Ex-Linklaters Atty's Husband Deserves Prison, DOJ Says

    A Massachusetts Institute of Technology quantum computing whiz who traded on information he gleaned from his wife, a former Linklaters LLP associate, deserves prison for brazen insider trading, prosecutors told a Manhattan federal judge Friday.

  • March 23, 2018

    Legally Blind Mass. Resident's ADA Website Suit Can Proceed

    A Massachusetts federal judge on Thursday said a legally blind Bay State resident has standing to bring suit under the Americans with Disabilities Act against a Seattle-based sportswear company over claims its website is not accessible for the visually impaired.

  • March 22, 2018

    Witness Issues Won't Delay Mass. Boeing Airplane Hole Trial

    Boeing Co. will face a trial next month in Massachusetts federal court for a long-running suit brought by six passengers who say they suffered serious injuries after a two-foot hole opened up at 32,000 feet on a 2010 flight from Miami, but on Thursday the two sides still had unresolved issues over witnesses.

  • March 22, 2018

    Creditor Loses Bid For Nearly $4M Of BioChemics-SEC Deal

    A Florida private equity firm cannot take priority over the U.S. Securities and Exchange Commission to recover nearly $4 million it was owed by a cash-strapped company being turned over to the government to satisfy a court judgment, a federal judge in Boston ruled from the bench Thursday.

  • March 22, 2018

    Boston City Hall Aides See Extortion Case Thrown Out

    A Massachusetts federal judge on Thursday dismissed the case against two Boston City Hall aides accused of pressuring a music festival into hiring unneeded union labor, saying prosecutors could not meet the court’s standard to prove extortion.

  • March 22, 2018

    FTC Sues Security Co. Again Over Do-Not-Call List Violations

    The Federal Trade Commission accused a home security systems company of calling numbers on the National Do Not Call Registry and collecting credit scores in violation of an April 2014 court order, which settled similar allegations in a separate suit by the government, on Thursday in Massachusetts federal court.

  • March 22, 2018

    Shire Wins Adderall Suit While Loser Gets Sanction Request

    Shire PLC prevailed on patent claims Thursday over a small pharmaceutical company that withheld data until midtrial showing how closely its generic product resembled hit hyperactivity treatment Adderall XR, misconduct that led a Massachusetts federal judge to take the unusual action of asking regulators to sanction the company.

  • March 22, 2018

    Mass. Panel Revives Janitor Co.’s Bid To Arbitrate Wage Suit

    The Massachusetts Appeals Court held Thursday that a janitorial services company was wrongly denied its request to arbitrate a franchisee’s misclassification claims, saying a lower court incorrectly concluded the company waived its arbitration right by raising certain arguments on the merits of those claims.

  • March 22, 2018

    Tech Cos. Want Security Cameras Supplier Held In Contempt

    A pair of technology contractors asked a Massachusetts federal court Wednesday to hold in contempt a company they accuse of breaching a contract to provide security camera systems for the Iraqi government, saying the business and its manager aren’t complying with subpoenas, continuing their trend of not participating in the litigation.

  • March 22, 2018

    Real Estate Rumors: MetLife, Beckam, Valley National Bank

    MetLife has reportedly loaned $277 million for a Boston office tower; David Beckham is said to be considering sites near a casino, hospital and golf course as possible locations for his Miami soccer stadium project; and Valley National Bank has reportedly loaned $13 million for a Florida self-storage construction project.

  • March 22, 2018

    Transport Co. Owner Charged With Fraud, Laundering Millions

    The owner of a Massachusetts-based transportation company, already facing an indictment for allegedly running a $19 million Medicaid false claim scheme, was indicted on Wednesday by a Bay State grand jury on additional charges claiming he laundered millions of dollars, according to the state's attorney general.

  • March 21, 2018

    Feds To Pursue Retrial Of 4 Corporate Advisers In Fraud Case

    Federal prosecutors have signaled they intend to retry a group of former Georgeson LLC advisers after a mistrial was declared when a juror left the fraud case and one defendant balked at a proceeding with a short-handed panel, a Massachusetts federal judge said Wednesday.

  • March 21, 2018

    Puma Biotech Insider Trader Pays Penalty, Can Go Home

    A former executive at Puma Biotechnology Inc. who admitted to insider trading has paid a chunk of the $1.16 million he owes the government and can return to his home overlooking California's San Fernando Valley, a federal judge in Massachusetts ruled Wednesday.

Expert Analysis

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Condo Developers Must Understand Building Defect Claims

    Johanna Schneider

    Massachusetts courts have shown a desire to ensure that owners of newly constructed condominiums have the ability to pursue the same construction defect and warranty claims as new single-family home owners. Just as real estate developers should be cognizant of their duties concerning alleged building defects, condominium developers should be as well, say attorneys with Rackemann Sawyer & Brewster.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • How State AGs Can Fight Student Loan Crisis The Right Way

    Douglas Gansler

    For both consumer protection and political reasons, state attorneys general desperately want to assist constituents who have taken out federal student loans and are now struggling with repayment. However, state AGs will undoubtedly fail in the courtroom if they attempt to do so through litigation, say attorneys with Buckley Sandler LLP.

  • Betting On Change: States Plan For Sports Gambling Decision

    Aaron Swerdlow

    If New Jersey wins its sports betting case at the U.S. Supreme Court, expect many states to implement new legislation legalizing sports betting and industry regulation. If New Jersey does not win, it will anger many state legislators that were preparing to implement their own legislation, says Aaron Swerdlow of Gerard Fox Law PC.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.