Massachusetts

  • June 27, 2024

    Construction Co. Ordered To Stop Misusing Credentials

    A construction engineering firm was ordered by a Massachusetts state court judge on Wednesday to stop identifying an employee as a construction supervisor on projects he's not involved with.

  • June 27, 2024

    Susan Sarandon Can Get Home Contractor's Bank Records

    A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.

  • June 27, 2024

    Supreme Court Freezes EPA's 'Good Neighbor' Rule

    The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.

  • June 27, 2024

    Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan

    The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.

  • June 26, 2024

    Biotech Co. Allowed To Appeal Red Cross Antitrust Immunity

    The American Red Cross' immunity from antitrust allegations that it smothered competition for testing platelets for bacteria is back in play after a Massachusetts federal judge agreed Wednesday to let the biotech company suing the blood donation giant ask the First Circuit to revive its claims.

  • June 26, 2024

    Sig Sauer Can't DQ Gun Expert's Experiment In Defect Suit

    Gunmaker Sig Sauer Inc. can't dodge a police officer's lawsuit claiming its P320 pistol spontaneously discharged and injured her without the trigger being touched, after the company failed to convince a Massachusetts federal judge to disqualify an experiment by the plaintiff's gun expert comparing its gun to an analogous Glock model.

  • June 26, 2024

    Jury Backs Mass. City In Firefighters' Race Bias Suit

    A Massachusetts federal jury sided with the city of Springfield on Tuesday in a suit brought by nonwhite firefighters who claimed the city failed to enforce residency requirements for its employees and stifled their opportunities for advancement.

  • June 26, 2024

    Nantucket Festival Owner Sues Over Alleged Imposter Event

    The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."

  • June 26, 2024

    Mass. Dunkin' Managers Can Sue For OT As Collective

    A Massachusetts federal judge granted an unopposed request to certify a collective action brought by managers at 60-plus Dunkin' Donuts locations who claim they were required to work more than 40 hours a week without overtime pay.

  • June 26, 2024

    Macy's Email Demand Violates Privacy Law, Shopper Says

    A requirement that Massachusetts consumers making online purchases from Macy's provide an email address to complete a transaction violates the state's consumer privacy law, a proposed class action filed Tuesday alleges.

  • June 25, 2024

    PTAB Wipes Out UMass Skin Disease Treatment Patent

    The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.

  • June 25, 2024

    Sarissa Capital, Founder Settle Bioverativ Suit In Del. For $40M

    Remaining parties in a Delaware Court of Chancery class action over the $11.6 billion sale of biotech venture Bioverativ Inc. to Sanofi Inc. in 2018 have agreed to settle their outstanding claims for $40 million in cash, according to a stipulation filed with the court Tuesday.

  • June 25, 2024

    $3M Broker Commission Deal Stayed To Await NAR Settlement

    A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.

  • June 25, 2024

    Oil Co. Accused Of Duping Consumers With Biodiesel Product

    A Massachusetts home heating oil dealer falsely told consumers they were purchasing an environmentally friendly biodiesel product, a proposed class action filed in state court on Monday alleges.

  • June 25, 2024

    Exxon Bid For Avangrid Docs In Greenwash Case Faces Doubt

    A Massachusetts judge on Tuesday questioned the relevance of potentially millions of wind energy company Avangrid's documents being sought by ExxonMobil in its defense of a greenwashing case brought by the state.

  • June 25, 2024

    Healthcare Co. Inks $1.5M Deal To End Pension Fund Suit

    A Massachusetts healthcare company has agreed to pay $1.5 million to end a class action alleging it loaded its $500 million pension plan with costly investments and failed to keep administrative fees in check, plan participants leading the suit told a federal court.

  • June 25, 2024

    Feds Stonewalling Immigration Fee Record Request, Suit Says

    A civil rights group in Boston filed suit Tuesday to force the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services to hand over records about how the government decides requests to waive fees for people seeking immigration protections.

  • June 25, 2024

    Wynn Casino Can't Undo Rehiring Of Worker Fired For Slur

    Wynn Resort's Encore Boston Harbor Casino has lost its effort to overturn an arbitrator's decision to reinstate and issue back pay to a call center reservation worker it fired for allegedly calling a Black colleague a racial slur.

  • June 24, 2024

    Bill Aimed At Native Boarding School Policies Heads To Senate

    A bipartisan bill that would help to illuminate the federal government's past efforts to erase Indigenous culture by sending Native American children to assimilation-oriented Christian boarding schools is headed to the U.S. Senate for consideration after being stalled in committee for a year.

  • June 24, 2024

    AI Cos. Hit With Copyright Claims From Music Labels

    Two artificial intelligence startups are facing copyright litigation by Sony Music Entertainment and a group of major record labels, claiming they rip off artists' songs without getting consent.

  • June 24, 2024

    Harvard Prof Calls NFL Sunday Ticket 'Highly Anticompetitive'

    A Harvard law professor testified Monday in a multibillion-dollar antitrust lawsuit over the NFL's Sunday Ticket that pooling teams' television rights into exclusive deals is not like Beyoncé having an exclusive music distributor — as an NFL expert testified — but like Beyoncé, Rihanna, Taylor Swift and Billie Eilish pooling rights.

  • June 24, 2024

    Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling

    Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.

  • June 24, 2024

    Justices Undo Terror Victims' Win, Citing Twitter Decision

    The U.S. Supreme Court on Monday swept aside a D.C. Circuit ruling that threatened to expose major pharmaceutical companies to liability for terrorist attacks that injured or killed hundreds of U.S. soldiers and civilians in Iraq.

  • June 24, 2024

    Harvard Fertility Doctor Settles Secret-Impregnation Claim

    A fertility doctor and longtime Harvard Medical School professor has settled claims that he secretly used his own sperm to impregnate a patient in 1980, according to a Monday court filing.

  • June 24, 2024

    Waste Management Co. Will Pay $395K To End 401(k) Fee Suit

    Waste management company Clean Harbors Environmental Services Inc. will pay $395,000 to resolve a proposed class action alleging it mismanaged its $813 million employee retirement plan by failing to look for less expensive funds, according to a Friday filing.

Expert Analysis

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Contract Disputes Recap: Facts Differ But Same Rules Apply

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    Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • CSA Case Could Shift Intrastate Commercial Cannabis

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    In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

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