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Massachusetts

  • January 17, 2019

    Spouse Deportations Suit Paused Despite ACLU Objections

    A proposed class action against the Trump administration by citizens fighting deportation orders for their immigrant spouses has been stayed until at least early February due to the government shutdown, a Massachusetts federal judge ruled Thursday, despite objections to the delays raised by the American Civil Liberties Union.

  • January 17, 2019

    1st Circ. Upholds $3M Award For Plumbers Benefit Fund

    The First Circuit upheld a district court ruling that Scottsdale Insurance Co. must pay $3 million to a Rhode Island plumbers pension fund to satisfy a ruling against a real estate investment fund insured by Scottsdale for allegedly mismanaging the pension fund's investments, saying Wednesday that exclusions in the company's policy do not exempt it from coverage.

  • January 17, 2019

    AT&T Can Arbitrate Ex-Worker's Age Bias Suit, 1st Circ. Says

    The First Circuit ruled Wednesday that a former AT&T employee in Puerto Rico who claims she was illegally demoted and fired because of her age must arbitrate her claims since she failed to complete the procedure laid out by the company to opt out of its arbitration program.

  • January 17, 2019

    Mass. Gov. Moves To Legalize Sports Betting

    Massachusetts Gov. Charlie Baker announced a new bill Thursday that would make sports betting legal in the state and add a new tax to already legal daily fantasy sports sites, proposals stemming from last year’s landmark U.S. Supreme Court decision giving states the ability to legalize sports wagering.

  • January 17, 2019

    Alzheimer's Drug Co. Alzheon Again Nixes IPO Plans

    Alzheimer’s-focused biotechnology firm Alzheon Inc. said Wednesday it is no longer looking to go public, marking the second time the Framingham, Massachusetts-based company has canceled plans for an initial public offering in the past year.

  • January 17, 2019

    Ex-Rolling Stone Photog Sues Over Janis Joplin Band Pic

    A photographer best known for his work in the 1960s with the music magazine Rolling Stone sued a Boston music publication Thursday in federal court, claiming the site ripped off his photo of Janis Joplin and her first band, Big Brother and the Holding Company.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    Hospitalized Man Asks To Pause FCA Suit Over Blood Tests

    Attorneys for a patient who brought a False Claims Act suit accusing eight companies of receiving Medicare payouts for unnecessary blood testing kits asked a Massachusetts federal court Wednesday to put the case on hold due to their client’s recent hospitalization.

  • January 16, 2019

    Ariad Exec’s Ex Gets 18 Months For Trading On Drug Info

    The ex-husband of a former Ariad Pharmaceuticals executive was sentenced to 18 months in prison Wednesday for insider trades he made based on meetings his then-wife had with the U.S. Food and Drug Administration about the company's cancer drug.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    ACLU Opposes DHS Stay Request In Married Immigrants Suit

    The American Civil Liberties Union of Massachusetts will oppose the government's shutdown-related motion to pause a proposed class action by immigrants fighting deportation orders for their noncitizen spouses after the U.S. Department of Homeland Security balked at an ALCU request to provide more information on potential removals.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    States Urge 5th Circ. To Reverse ICWA Invalidation Order

    California, Massachusetts, Illinois and New Jersey have joined over a dozen states that are throwing support behind four tribes and the federal government as they seek to overturn a decision deeming the Indian Child Welfare Act unconstitutional, arguing that the statute provides critical protections for Native American children and their families.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Boston Ripe With Opportunities For Firm Growth

    About one in three small and midsize firms in Boston are open to a combination with another firm, according to a survey of law firm leaders released Tuesday, as the city continues to be a locus of growth for firms aiming to develop their presence in the market.

  • January 15, 2019

    Former Marketing CFO Gets 8 Years For Embezzling $3.8M

    The former chief financial officer of an international marketing and public relations firm was sentenced Tuesday in Boston federal court to more than eight years in prison for stealing over $3.8 million from his employer across a decade.

  • January 15, 2019

    Ex-Georgeson Adviser Guilty In Tix-For-Votes Scheme

    A Massachusetts federal jury convicted a former Georgeson LLC adviser on fraud and conspiracy charges Tuesday afternoon, delivering a win for prosecutors who claimed the adviser participated in a scheme to swap sports tickets for confidential shareholder voting data after their first bid to convict her ended in a mistrial.

  • January 15, 2019

    Edwards Pays Boston Scientific $180M, Ending All IP Fights

    Edwards Lifesciences Corp. has agreed to pay Boston Scientific Corp. $180 million to settle all patent litigation worldwide tied to coronary repair devices, the companies announced Tuesday.

Expert Analysis

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Does ADA Cover Accommodations For Transgender Workers?

    Lindsey Conrad Kennedy

    Much has been written about whether Title VII of the Civil Rights Act covers discrimination based on transgender status or gender identity, but how the Americans with Disabilities Act comes into play has largely remained uncharted territory. Until now, says Lindsey Conrad Kennedy of Eckert Seamans Cherin & Mellott LLC.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.