Massachusetts

  • June 02, 2020

    1st Circ. Says Novo Nordisk Can't Block Ex-Worker's New Job

    Novo Nordisk Inc. can't immediately block a former employee from continuing to work for rival BioMarin Pharmaceutical Inc. because the worker likely isn't subject to a noncompete agreement he had signed with the Danish pharma giant, the First Circuit ruled Tuesday.

  • June 02, 2020

    Investment Firm Must Pay $29M To End SEC Suit

    A Massachusetts federal judge on Tuesday handed a win to the U.S. Securities and Exchange Commission, ordering a Nevada investment adviser and its founder to pay back nearly $29 million they allegedly gained by defrauding clients.

  • June 02, 2020

    DOL Can't Skirt States' Effort To Sink Joint Employer Rule

    The U.S. Department of Labor must face claims by a coalition of Democratic state attorneys general that a recently finalized joint employer rule is unlawful, a New York federal judge has ruled, saying the states have standing because the regulation might sap them of tax revenue and hike enforcement-related costs.

  • June 02, 2020

    Lawmakers Push Changes After George Floyd's Death

    After George Floyd's death in Minneapolis police custody last week, federal lawmakers are planning bipartisan hearings and proposing dozens of bills that would curtail legal shields for law enforcement, outlaw choke holds, end a program that provides military equipment to police departments and create a national police misconduct registry.

  • June 02, 2020

    AGs Say Walmart Employees Need More Virus Protections

    A dozen U.S. attorneys general are pushing Walmart to beef up protections for its employees during the COVID-19 pandemic, saying they have received reports of stores with people too close to one another and locations not being properly cleaned.

  • June 02, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    While the nation's collective consciousness largely shifted this week from the COVID-19 pandemic to rage over the killing of George Floyd by Minneapolis police, state leaders grappling with sometimes violent protests still continued to map out life after the coronavirus.

  • June 02, 2020

    Sports Club Seeks Sanctions In Members' COVID-19 Suit

    Town Sports International, which operates Boston Sports Clubs and other gym chains, has moved to dismiss a proposed class action over its continued collection of membership fees during the COVID-19 epidemic, and said several frivolous filings in the case warranted sanctions.

  • June 02, 2020

    Mass. Inmate Testing Plan Helps Sink COVID-19 Release Case

    Massachusetts' top court denied a plea Tuesday to depopulate prisons due to COVID-19 risks, saying the state's offer to test every inmate and its thoughtful response to the pandemic undermine claims that officials have acted with deliberate indifference to the crisis.

  • June 01, 2020

    Imprisoned NECC Pharmacist Can't Get COVID-19 Release

    A Boston federal judge has refused to release a pharmacist connected to a deadly meningitis outbreak from prison on compassionate-release grounds related to the spread of the novel coronavirus inside prisons, saying there's nothing "extraordinary" about the man's situation.

  • June 01, 2020

    Contractors Can't Escape Insurer's $1.4M Water Damage Suit

    A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.

  • June 01, 2020

    Tufts Must Face Suit Over Patient's Infection Death

    A Massachusetts appeals court on Monday revived a suit accusing Tufts Medical Center and others of causing a patient's infection death from contaminated medication, saying there is a factual dispute as to whether a doctor inspected the drug packaging for cracks.

  • June 01, 2020

    Converse Says Steve Madden Copied Its 'Run Star Hike' Shoes

    Converse Inc. is claiming that Steve Madden Ltd. copied its Run Star Hike sneaker design, infringing two of its design patents, according to a suit filed Friday in Massachusetts federal court.

  • June 01, 2020

    Mass. Gov. Like King George III In Virus Response, Suit Claims

    Massachusetts Gov. Charlie Baker overstepped his authority when he shut down businesses across the state during the COVID-19 pandemic, according to a suit filed Monday that compares him to King George III.

  • June 01, 2020

    DOJ Closes Immigration Courts In 15 Cities Over 'Civil Unrest'

    The U.S. Department of Justice's Executive Office for Immigration Review announced on Twitter late Sunday and early Monday that it would be closing immigration courts in 15 cities due to what it called "civil unrest" related to the anti-racism protests sweeping the country.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    'Strange' Times For Mass. Judges As Virus Redefines Court

    As attorneys, firms, law schools and students adjust to their new normal, the judiciary is also trying to figure out what that will look like once the courts ramp back up.

  • June 01, 2020

    Coronavirus Q&A: Goulston Real Estate Leaders

    In this edition of Coronavirus Q&A, two of Goulston & Storrs' real estate leaders discuss the challenges of reopening in Boston and beyond, and note that trouble could be looming later this year for the multifamily sector.

  • June 01, 2020

    High Court Upholds Puerto Rico Financial Oversight Board

    The U.S. Supreme Court on Monday unanimously ruled that members of Puerto Rico's Financial Oversight and Management Board do not require U.S. Senate approval because the board's handling of the island's $125 billion bankruptcy is limited to Puerto Rico's fiscal issues and it only exercises local, territorial authority.

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    Dems Upbeat On Prospects For Stalled Broadband Bills

    House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

  • May 29, 2020

    Maine Pay-Per-Channel Law Is Illegal, Comcast Tells 1st Circ.

    Comcast and a coalition of big-name networks called on the First Circuit to shield them from a recent Maine law mandating they let consumers buy individual channels instead of package deals, arguing Friday the mandate undermines their editorial discretion and cuts into their free speech.

  • May 29, 2020

    Lawmakers Say DOI's Trust Decision 'Infringed' On Congress

    The U.S. Department of the Interior exceeded its lawful powers when it revoked trust land from a Massachusetts tribe in March, a bipartisan group of members of Congress have written in an amicus brief filed in D.C. federal court.

  • May 29, 2020

    RI Says 9th Circ. Agrees Climate Suit Belongs In State Court

    Rhode Island told the First Circuit that a pair of recent Ninth Circuit decisions lend support to its argument that a lower court correctly sent back to state court the state's lawsuit seeking to pin climate change-related infrastructure costs on energy giants like Chevron.

Expert Analysis

  • Spring Is A Good Time To Revisit Easement Conflict In Mass.

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    A recent Massachusetts Land Court case addressing beach access and other easement rights in residential subdivisions serves as a reminder of the complex issues surrounding easements that real estate companies and developers might consider as summer approaches, says Gordon Orloff at Rackemann Sawyer.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

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    As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

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