Massachusetts

  • November 29, 2021

    Proposed DACA Rule Draws Over 9K Comments

    The Biden administration's proposed rule to reinforce the Deferred Action for Childhood Arrivals, or DACA, program has attracted more than 9,300 responses ahead of Monday's deadline for public comments, with many calling for broader changes than the regulations set out.

  • November 29, 2021

    Biofrontera Settles Skin Therapy IP Suit On Eve Of Trial

    Biofrontera Inc. and rival skin treatment developer Dusa Pharmaceuticals Inc. settled a patent dispute Monday, one day before the infringement claims were set to go to trial.

  • November 29, 2021

    McDermott Atty Tapped For Ukrainian Legal Ethics Council

    McDermott Will & Emery LLP partner and former Associate Justice for the Massachusetts Supreme Judicial Court Robert Cordy has been tapped to serve on Ukraine's first Ethics Council, a group tasked with bringing judicial reform to the European nation.

  • November 29, 2021

    Postmates Ends Misclassification Dispute After Arbitration

    Three Postmates couriers ended their proposed class action alleging the company misclassified them as independent contractors, as a Massachusetts federal judge on Monday signed off on the settlements the workers reached with the food delivery provider during arbitration.

  • November 29, 2021

    Shearman Coaches Fenway Owner In Penguins Buy

    The owner of the Boston Red Sox and Liverpool F.C. has snagged a major interest in the Pittsburgh Penguins hockey team in a deal guided by Shearman & Sterling LLP and Reed Smith LLP, respectively, the groups announced Monday.

  • November 24, 2021

    Mass. Builders Ask 1st Circ. To Clip $5.5M Notre Dame Award

    Two Massachusetts developers have urged the First Circuit to nearly halve a $5.5 million arbitration judgment awarded to the University of Notre Dame following allegations of botched student housing renovations in London, saying the school waited too long to claim a significant chunk of that amount.

  • November 24, 2021

    1st Circ. OKs Tossing Investment Analyst's Defamation Suit

    The First Circuit has affirmed a lower court's decision to toss an equity research analyst's defamation suit against a company that ranks financial analysts, finding that she didn't show that anyone in Massachusetts saw her low rating on the company's website.

  • November 24, 2021

    Chancery Tosses Wayfair Stockholders' $535M Note Sale Suit

    Delaware's Chancery Court has dismissed a derivative class action from Wayfair Inc. stockholders over a $535 million convertible note sale from last year, finding that they failed to prove it would have been futile to bring their demands to the company's board first before filing the suit.

  • November 24, 2021

    Ex-Mass. Mayor Wins Prison Delay Until After Holidays

    A former Massachusetts mayor convicted on fraud and corruption charges can delay his six-year prison sentence, a Boston federal judge ruled Wednesday, granting the disgraced politician's request for more time to help family over the holidays and assist his attorneys on his appeals.

  • November 24, 2021

    Peloton Seeks Arbitration For Members' Sales Tax Claims

    Peloton urged a New York federal judge to compel arbitration in a proposed class action claiming that the company charged sales tax on its monthly membership subscriptions in three states that don't include such digital goods in their tax bases.

  • November 24, 2021

    Convicted Ex-Insys Execs Must Pay $48.3M To Victims

    Federal prosecutors in the Insys Therapeutics Inc. opioid kickback case won a fight over how much the founder and former executives owe victims, as a Boston federal judge on Tuesday ordered up the $48.3 million restitution sum requested by the government.

  • November 23, 2021

    DOJ Can't Use Wire Act On Nonsports Bets, Court Hears

    A gambling and lottery services giant asked a Rhode Island federal court on Tuesday to nullify a U.S. Department of Justice legal opinion that it says criminalizes internet-connected gambling under the Wire Act.

  • November 23, 2021

    1st Circ. Throws Out 'LOVE' Artist's Estate Arbitration Win

    A New York arbitration panel won't oversee an art publisher's cross-claims against the estate of artist Robert Indiana, after the First Circuit declared that a new agreement between the parties took out an arbitration provision in the original contract.

  • November 23, 2021

    Surgery Partners Gets $45M In Settlement With HIG, Bain

    Investors in Surgery Partners Inc. who sued HIG Capital LLC and Bain Capital Investors LLC over a $760 million acquisition of a surgery center in 2017 have settled their claims for $45 million, the parties told the Delaware Chancery Court in a filing Tuesday.

  • November 23, 2021

    ExOne Investors Sue In Del. Over Desktop Metal Inc. Merger

    Shareholders of former 3D printing machine manufacturer The ExOne Co. sued in Delaware Chancery Court on Monday over its $575 million merger with Desktop Metal Inc., saying the board pushed the merger through without fully briefing shareholders about problems at a Desktop subsidiary called EnvisionTec US LLC.

  • November 23, 2021

    US Gun Makers Slam Mexico's Suit Over Cartel Violence

    A group of U.S.-based gun manufacturers is firing back against a suit by Mexico seeking to hold them liable for weapons used by drug cartels, saying Mexico is trying to impose its own gun control policies on the United States and disregard the U.S.'s legislative and constitutional values.

  • November 23, 2021

    Boston Should Have Let Christian Flag Fly, Feds Tell Justices

    The federal government on Monday urged the Supreme Court to overturn a First Circuit decision and find that Boston violated the free speech rights of a group by denying its request to raise a Christian flag on a city-owned flagpole.

  • November 23, 2021

    Ranbaxy Can't Shake MDL Antitrust Claims As Trial Nears

    Ranbaxy Pharmaceuticals Inc. didn't need to ever sell a dose of a drug to have wielded monopoly power over it, a Boston federal judge ruled Monday, rejecting the company's bid for an early win on antitrust claims in the multidistrict suit.

  • November 23, 2021

    CORRECTED: PTAB Axes Patent After Purdue Ch. 11 Delay

    The Patent Trial and Appeal Board has invalidated a Purdue Pharma patent for an opioid with an abuse deterrent, faulting the patent description and rejecting Purdue's argument that the board took too long to issue a decision.

  • November 22, 2021

    Mass. Vets Home Operators Avoid Charges Over Virus Deaths

    A Massachusetts judge on Monday dismissed what state prosecutors had called the nation's first criminal case against nursing home operators related to the COVID-19 pandemic, ruling there was insufficient evidence tying deaths at a veterans facility to decisions by top officials.

  • November 22, 2021

    Mass. Navy Contractor Pays $3.5M To Duck Feds' Civil Claims

    Charles Stark Draper Laboratory Inc. will pay $3.5 million to stave off civil allegations that the Cambridge, Massachusetts-based government contractor overcharged the U.S. Navy in 2016, Boston's federal law enforcement office announced Monday.

  • November 22, 2021

    Hospital Group Strikes $2M Deal To End ERISA Fee Suit

    A hospital group reached an "outstanding" $2 million deal with retirement plan participants to end their proposed class action in Massachusetts federal court claiming the group flouted ERISA by making participants pay excessive recordkeeping fees and offering underperforming funds.

  • November 22, 2021

    DOJ Suit Over American, JetBlue Alliance Might See Sept. Trial

    American Airlines and JetBlue, along with government enforcers challenging the two airlines' partnership dubbed the Northeast Alliance, have asked a Massachusetts federal court to set a Sept. 26 kickoff date for the upcoming antitrust trial.

  • November 22, 2021

    No Redo For Death Suit Over Knee Replacement Surgery

    A Massachusetts appeals court Monday decided not to grant a new trial to a man who alleged negligence before and after knee surgery led to his mother's death, saying he didn't properly make his objections at trial and can't pursue them now on appeal.

  • November 22, 2021

    Quest Diagnostics Fertility Biz Sued Over Data Breach

    A Quest Diagnostics fertility treatment unit's "woefully deficient" response to a ransomware attack has customers fearing misuse of their Social Security numbers, insurance details and other personal information, according to a putative class action filed in Massachusetts federal court.

Expert Analysis

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

    Author Photo

    Female lawyers and lawyers of colors have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

    Author Photo

    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • COVID Insurance Cases Highlight Federal-State Court Tension

    Author Photo

    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

    Author Photo

    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

    Author Photo

    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • Heed These Rules, Or Risk Your Argument On Appeal

    Author Photo

    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

    Author Photo

    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

    Author Photo

    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

    Author Photo

    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

    Author Photo

    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • FCA Ruling Deepens Circuit Split Over Qui Tam Dismissals

    Author Photo

    The recent Third Circuit ruling in Polansky v. Executive Health Resources Inc. further widens a split over the standard for government-initiated motions to dismiss qui tam actions under the False Claims Act, and evinces increased scrutiny for motions filed after a defendant has entered the fray, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • A Phased Approach To In-House Legal Tech Adoption

    Author Photo

    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

    Author Photo

    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • Disability Claim Ruling Holds ERISA Fiduciary Duty Lessons

    Author Photo

    A Massachusetts federal court’s recent disability claim ruling in Host v. First Unum Life Insurance admonished the defendant for breaching its Employee Retirement Income Security Act fiduciary duties when it failed to conduct an independent claim investigation, signaling that plan administrators should be wary of relying solely on employer communications, says Mark DeBofsky at DeBofsky Sherman.

  • How To Comply With ABA's New Language Access Guidance

    Author Photo

    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!