Massachusetts

  • March 11, 2024

    FTC, 10 States Sue 'Sham' Women's Cancer Fund

    The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.

  • March 11, 2024

    Most Claims Trimmed In Ford Faulty Transmission Suit

    A Massachusetts federal judge has thrown out the bulk of a suit alleging Ford Motor Co. knowingly sold vehicles with a faulty transmission system, while allowing breach of implied warranty, fraudulent concealment and state law claims to proceed.

  • March 11, 2024

    SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says

    A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.

  • March 08, 2024

    Dartmouth Hoops Union Could Touch Off Legal Madness

    A recent vote by the Dartmouth College men's basketball team to form a union could set the stage for the next round of litigation in shaping the rights of collegiate athletes, but experts told Law360 some steep obstacles could stand in the way of a breakthrough ruling that turns student athletes into full-fledged employees.

  • March 08, 2024

    Mass. Bar Agency Seeks Name Revision Due To Slavery Link

    The state agency that regulates attorney conduct in Massachusetts is proposing a name change that would replace an archaic word seen by some as tainted by an association with slavery.

  • March 08, 2024

    Mass. Justices OK Town's 'Clever' Gradual Tobacco Ban

    A Massachusetts town's admittedly novel bylaw phasing out the sale of tobacco by prohibiting sales to anyone born in this century could become a model for other local communities after the regulation withstood a legal challenge by a group of retailers at the state's highest court Friday.

  • March 08, 2024

    Debt-Stricken Homeowners Fight Back After High Court Ruling

    Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.

  • March 08, 2024

    Harvard Prof Fights Release Of School's Data Fraud Report

    A Harvard researcher put on leave for allegedly fabricating research data told a Boston federal judge Friday it would be "poor policy" to let the school make public an internal 1,200-page report to dispute claims in a $25 million defamation suit she filed after her employer's accusations placed her at the center of a "media firestorm."

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    Mass. Atty's AI Gaffe Prompts Warning, 'Restrained' Penalty

    A Massachusetts judge has put the state's legal bar on notice of the dangers of trusting artificial intelligence by sanctioning an attorney $2,000 for filing court papers that were full of realistic-sounding but fictitious case citations.

  • March 07, 2024

    Ex-Mass. Senator's Aide Gets Short Prison Term For Tax Fraud

    The former chief of staff to a Massachusetts state senator was sentenced Wednesday in federal court to 30 days in prison for failing to report income she was receiving from a business she owned and other jobs while collecting her state salary.

  • March 07, 2024

    Senate Tees Up 5 More Judge Picks Despite GOP Resistance

    The Senate Judiciary Committee voted out five judicial nominees on Thursday, which includes various historic firsts for diversity.

  • March 07, 2024

    Activist Caligan Sets Sights On Anika Therapeutics Again

    New York-based activist investor Caligan Partners LP disclosed a nearly 10% stake in Anika Therapeutics and nominated two director candidates, a move that comes a year after the hedge fund urged the biotech company to consider "urgent changes" to its operations and structure.

  • March 06, 2024

    Ex-Northeastern Coach Gets 5 Years In Nude Photo Ploy

    A former Northeastern University track and field coach was sentenced by a federal judge to five years in prison Wednesday for a series of schemes to trick young women into providing him with nude or semi-nude photos that he used for his own gratification and shared for clout in online forums that traded in surreptitiously-obtained images.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    'Larger' Airlines Didn't Help Flyers, DOJ Tells 1st Circ.

    The U.S. Department of Justice has assailed American Airlines for pressing its appeal over its since-nixed Northeast Alliance with JetBlue, telling the First Circuit that just because the deal made the airlines "larger" doesn't mean it helped consumers as the airline claims or that a district court gave potential benefits short shrift.

  • March 06, 2024

    New Balance Bid To Cut Nike Patents Is Too Early, Judge Hints

    New Balance's bid to snip three patents from the latest infringement fight centering on Nike's patented Flyknit technology got an uneasy reception Wednesday from a Boston federal judge unwilling to dig too deep into the merits of the claims at the early stage of this case.

  • March 06, 2024

    Gambling Ring Honcho Cops Plea After 13 Years On The Lam

    A man who helped run a multimillion-dollar online gambling ring has pled guilty after 13 years as a fugitive in Antigua, Boston federal prosecutors said.

  • March 05, 2024

    UMass, L'Oreal Fight Over Anti-Aging Cream May Be Near End

    Cosmetics brand L'Oreal and the University of Massachusetts told a Delaware federal judge they "have agreed to resolve" a purportedly ​​$200 million dispute over a method for adding an ingredient into moisturizing cream, nearly two years after a federal appeals court breathed new life into the patent case.

  • March 05, 2024

    Pharmacist Takes Deal In Mich. Over Fatal Meningitis Outbreak

    The founder of a Massachusetts drug compounding center that was the source of a deadly meningitis outbreak has pled no contest to 11 counts of manslaughter brought by Michigan state prosecutors, the latter state's Department of Attorney General announced Tuesday.

  • March 05, 2024

    ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case

    A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.

  • March 05, 2024

    Ill. Atty Tells 1st Circ. Feds Botched Venue For Scam Case

    An Illinois lawyer convicted of receiving proceeds from business email compromise schemes orchestrated by others told the First Circuit on Tuesday that Massachusetts was the wrong place for him to have been tried, urging the appeals court to dismiss the charges underlying the guilty verdict. 

  • March 05, 2024

    Wind Farm Challengers Meet Resistance At 1st Circ.

    A First Circuit panel on Tuesday appeared unlikely to undo the government's approval of a 62-turbine wind farm off the coasts of Martha's Vineyard and Nantucket, questioning the effort of opponents to get the court to consider data on right whales that it did not present to agencies during the review process.

  • March 04, 2024

    Justices Try To Shroud Differences With Trump DQ Ruling

    The U.S. Supreme Court issued a purportedly unanimous decision Monday finding states cannot bar federal candidates from appearing on ballots, but a closer look at the justices' writings — and the opinion's metadata — reveals a sharp divide that court watchers say was papered over in an effort to preserve the court's institutional legitimacy.

  • March 04, 2024

    Vax Refusal Doesn't Negate Benefits, Mass. Top Court Says

    Massachusetts' highest court ruled Monday that an employee's refusal of the COVID-19 vaccine for religious reasons can be grounds for dismissal, but not for stripping them of unemployment benefits.

Expert Analysis

  • California's Offshore Turbine Plans Face Stiff Headwinds

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    To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Series

    Mass. Banking Brief: The Notable Compliance Updates In Q3

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    Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.

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