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  • July 18, 2018

    PTAB Urged To Review CRISPR Gene-Editing Patent

    An agriculture biotech company on Tuesday urged the Patent Trial and Appeal Board to invalidate a patent related to gene-editing technology CRISPR-Cas9 that is held by the Massachusetts-based Broad Institute, arguing that the asserted claims are either indefinite or obvious.

  • July 18, 2018

    Boston Herald Can't Give Reporters Libel Releases In Ch. 11

    Third-party releases proposed under the Chapter 11 plan of Herald Media Holdings Inc. aimed at protecting reporters and other editorial employees from defamation and libel suits failed to gain court approval Wednesday when a bankruptcy judge determined the employees weren’t contributing enough to the case to justify the releases.

  • July 18, 2018

    Goodwin-Led Biotech Tops 3 IPOs Totaling $384M

    Rubius Therapeutics Inc., which is raising money to develop therapies based on red blood cells, raised $241 million in an upsized initial public offering advised by Goodwin Procter LLP, the biggest of three deals to come to market since Tuesday during a busy week of IPOs.

  • July 18, 2018

    Addiction Doesn't Keep Embezzling Union Rep Out Of Prison

    A longtime union organizer cannot avoid prison by blaming painkiller manufacturers and a national opioid epidemic for the five years he spent embezzling tens of thousands of dollars from Boston's service industry union, a Massachusetts federal judge ruled Tuesday.

  • July 18, 2018

    Massport Must Face Breach Claim In $2.7M Lufthansa Suit

    The Massachusetts Port Authority will have to face part of a $2.7 million lawsuit claiming it breached its contract with Deutsche Lufthansa AG when allegedly shoddy runway snow removal led to a 747 striking a snowbank at Boston’s Logan International Airport, a federal judge ruled Wednesday.

  • July 18, 2018

    Wegmans Sued For Allegedly Firing Worker On FMLA Leave

    A former cook sued a Wegmans supermarket in Massachusetts federal court on Wednesday for allegedly firing her in retaliation for taking time off work under the Family and Medical Leave Act to treat her chronic anxiety and depression.

  • July 18, 2018

    Trump's 'Sanctuary' Rules Challenged By NY, NJ, Others

    The federal government’s attempt to withhold public safety funds from so-called sanctuary communities is unconstitutional and should be permanently barred, New York City and five states — including Massachusetts and New Jersey — told a New York federal court Wednesday in two separate complaints.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    SEC Says Bio-Security Firm Owes It $19.7M In Fraud Case

    The U.S. Securities and Exchange Commission asked a Massachusetts federal judge for a final default judgment totaling $19.7 million against a defunct bio-security firm it accused of peddling unregistered securities to pour cash into its executives’ coffers, according to a corrected document filed Tuesday.

  • July 17, 2018

    Santander Can't Dodge Tax Shelter Trial, Judge Says

    A Massachusetts federal judge ruled Tuesday that Santander Group cannot escape the fallout of a First Circuit opinion finding that the company formerly known as Sovereign Bancorp. appears to have operated a trust with the makings of a tax shelter in the U.K. from 2003 to 2005.

  • July 17, 2018

    Mass. Panel Says Firm Owes Ex-Associate Referral Fees

    A Massachusetts lawyer known for his workers’ compensation practice gave his own employee a sweeter contract than he intended, state appellate judges ruled Tuesday, affirming that his law office owes a former associate $55,000 from settlements reached a year after the associate quit.

  • July 17, 2018

    Late Mistrial Bars Retrial, Former Corporate Advisers Argue

    A trio of former corporate executives at the proxy solicitation firm Georgeson LLC charged with bribing a shareholder representative for voting data told a Massachusetts federal judge Tuesday that double jeopardy prevents them from being tried again after the government refused to finish their first trial with a shorthanded jury the day before closing arguments.

  • July 17, 2018

    Biz Groups Urge 1st Circ. To Rehear Uber Fine Print Spat

    The U.S. Chamber of Commerce, a Boston-based public interest law firm and an app developers’ group urged the First Circuit on Monday to rethink a recent ruling rejecting the legality of Uber’s terms of service containing an arbitration provision, saying it creates enforceability problems for online contracts.

  • July 17, 2018

    1st Circ. Gives Bankrupt Developer New Shot At Ch. 7 Suit

    The First Circuit on Monday ruled that a failed condominium developer did not receive proper notice of a belated claim in a creditor's bid to stop him from discharging multimillion-dollar debts, reversing the ruling against him and sending the case back to Massachusetts bankruptcy court.

  • July 17, 2018

    Brazilian Immigrant, Son Reunited After Separation At Border

    The federal government has reunited a Brazilian immigrant with her 9-year-old son after immigration authorities split the family at the border and detained the boy separately from his mother for more than a month, the immigrants’ attorneys announced Monday.

  • July 17, 2018

    RICO Indictment Against Ex-Insys Execs Perplexes Judge

    A Massachusetts federal judge on Tuesday appeared befuddled by the government's Racketeer Influenced and Corrupt Organizations Act indictment charging former Insys Therapeutics Inc. executives with multiple schemes to bribe doctors to prescribe the company's pricey fentanyl spray, saying the allegations are confusing and fail to establish a common link in the alleged conspiracy.

  • July 16, 2018

    Delivery Co. Fights Couriers' Suit Seeking Fees As Tips

    A courier service that uses a mobile app to pair bicyclists and drivers with people who request a delivery argued Monday that its workers operate under federal, not Massachusetts, labor laws and must lose their class action seeking a piece of the company’s delivery fees.

  • July 16, 2018

    $54M Adidas Claim Threatens $150M Rockport Ch. 11 Sale

    The $150 million asset sale of The Rockport Co. LLC received bankruptcy court approval Monday in Delaware, but issues over liability for a $54 million claim from debtor’s former parent company Adidas AG could threaten the Aug. 13 closing of the transaction and derail the Chapter 11 case.

  • July 16, 2018

    NCAA Says NJ Law Shields It In Wrongful Death Suit

    The NCAA has called on a New Jersey federal court to toss claims against it from the parents of a Massachusetts college football player who died after a workout, arguing in part that a state law shields the organization from certain liability.

  • July 16, 2018

    Blackbird Scores Fed. Circ. Win In Lighting IP Row

    Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, notched a victory at the Federal Circuit on Monday, when the court revived infringement lawsuits it brought against companies over a patent related to energy-efficient lighting.

Expert Analysis

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.