Massachusetts

  • January 10, 2025

    SEC's $93M Win Not Backed By Proof, Adviser Tells 1st Circ.

    Commonwealth Financial asked a First Circuit panel Friday to undo a $93 million award the U.S. Securities and Exchange Commission won last year, saying the lower court was too quick to find that the firm's disclosure practices harmed investors.

  • January 10, 2025

    Couple Says EBay, Top Brass Can't Duck Trial In Stalking Suit

    A Massachusetts couple argued Friday that eBay Inc. and several of its top executives were at least aware of a harassment campaign perpetrated by employees of the online retailer and should not be let off the liability hook.

  • January 10, 2025

    1st Circ. Questions Reach Of Anti-Torture Law In Civil Cases

    The First Circuit on Friday hinted it may be considering limits on the jurisdiction of the Torture Victims Protection Act, during a hearing where former Justice Stephen Breyer recalled concerns he first raised on the Supreme Court that an overly broad reading could pave the way for other nations to arrest Americans for incidents on U.S. soil.

  • January 10, 2025

    Ex-McKinsey Partner Admits To Obstructing Purdue Probe

    A former senior partner at consulting giant McKinsey & Co. pled guilty Friday to obstructing the U.S. Department of Justice's investigation into the firm's work with opioid manufacturer Purdue Pharma LP, a month after McKinsey agreed to pay $650 million to resolve related charges.

  • January 09, 2025

    DraftKings Says Fired Worker 'Has No Legal Path' Forward

    DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.

  • January 09, 2025

    Mass. Hospital, Insurer Settle Pandemic Coverage Row

    A Massachusetts hospital and its commercial property insurer told a Boston federal judge Thursday that they had settled a suit over costs and lost revenue caused by the COVID-19 pandemic.

  • January 09, 2025

    SharkNinja Customer Sues For $3.75M After Blender Explodes

    A woman who was nearly blinded when her Ninja brand blender "exploded" claimed SharkNinja's design of the appliance was defective in a complaint transferred to Michigan federal court this week.

  • January 09, 2025

    MoFo Taps Goodwin Duo To Grow Exec Comp, Benefits Team

    Morrison Foerster announced Wednesday that it has tapped two former Goodwin Procter LLP partners to expand its executive compensation and benefits group.

  • January 09, 2025

    Beer Sales Rep Can't Show Lasting Harm From Noncompete

    A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.

  • January 09, 2025

    Wind Power Substation Is Quiet Enough, Mass. Justices Say

    Massachusetts' top court on Thursday gave the green light for an electric substation connected to an 800-megawatt wind turbine generation facility in federal waters south of Martha's Vineyard, rejecting a resident's argument that the new facility would be too noisy.

  • January 08, 2025

    Edward Jones Fined $17M Over Customer Transition Fees

    Edward Jones has agreed to pay $17 million to end an investigation into alleged supervisory failures that may have led it to overcharge customers who transitioned from its brokerage division to its advisory division, state regulators announced Wednesday.

  • January 08, 2025

    Departing Mass. US Atty Predicts Similar Goals For Successor

    As he prepares to leave his ninth-floor office at the John Joseph Moakley U.S. Courthouse on Boston's waterfront for the final time next Friday, U.S. Attorney Joshua Levy told reporters he expects his successor will continue to pursue the types of nonpartisan cases nearly everyone would agree are important.

  • January 08, 2025

    Feds Say Official Used City Cash For Steak Tips, Studio Time

    A former Massachusetts city official was charged Wednesday with using city funds to pay for an eclectic array of personal expenses, including hundreds of pounds of steak tips, a music studio session for himself and a lacquered self-portrait.

  • January 08, 2025

    Boston Scientific Paying Up To $664M For Bolt Medical

    Boston Scientific Corp. said Wednesday it plans to acquire the remaining stake it does not own in Bolt Medical Inc., the developer of a proprietary laser-based treatment for coronary and peripheral artery disease, for up to $664 million.

  • January 08, 2025

    Mortgage Cos. Fined $20M Over Cybersecurity Breach

    Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.

  • January 08, 2025

    Divisive Mass. Housing Law Can Stand With Administrative Fix

    Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.

  • January 07, 2025

    HHS Fines Mass. Health Firm $80K Over Ransomware Attack

    Elgon Information Systems, which provides digital medical record and billing support services, will pay $80,000 over alleged healthcare data protection rule violations following a ransomware attack on its systems in March 2023 that impacted roughly 31,248 customers, the U.S. Department of Health and Human Services announced Tuesday.

  • January 07, 2025

    Hockey Pro Says Ex-Teammates Stole 'Moms Who Puck' TM

    Two retired professional women's hockey players who started a podcast last year called "Moms Who Puck" have been sued for trademark infringement by a former teammate who alleges they stole that phrase from her, according to a lawsuit in Connecticut federal court.

  • January 07, 2025

    Developer Says Mass. Stalling $15M Brownfields Tax Credit

    The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.

  • January 07, 2025

    DOJ Ropes Landlords Into RealPage Antitrust Case

    The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.

  • January 07, 2025

    Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit

    A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.

  • January 07, 2025

    Religious Schools Ask 1st Circ. To Gut 'Poison Pill' Law

    Two religious schools in Maine asked a First Circuit panel on Tuesday to strike down a "poison pill" passed by state lawmakers to blunt a U.S. Supreme Court decision affirming that the schools may participate in a government tuition program.

  • January 07, 2025

    Crop Drone Maker Stiffed Executive On Pay, Suit Says

    A former executive at a Massachusetts company that makes drones for the agricultural industry says he was never paid during his brief tenure, according to a lawsuit filed Tuesday in state court.

  • January 06, 2025

    Mass. US Atty To Depart Role Before Trump's Inauguration

    Massachusetts U.S. Attorney Joshua Levy will step down from the job Jan. 17 ahead of President-elect Donald Trump's inauguration, his office announced Monday evening.

  • January 06, 2025

    SEC Seeks To Bar Milbank Probe From Dialysis Execs' Trial

    The U.S. Securities and Exchange Commission said Monday that two dialysis company executives accused of accounting fraud should not be allowed to tell a jury about a Milbank LLP-led internal investigation they say found no evidence of intentional wrongdoing.

Expert Analysis

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling

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    When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Video Privacy Law Claims After 2nd Circ. NBA Ruling

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    The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Why K-Cup Claims Landed Keurig In Hot Water With SEC

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    The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Copyright Questions Surround AI Music Platform Suits

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    If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

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