Massachusetts

  • July 15, 2024

    Feds In EBay Stalking Case Seek Leniency For Sick Defendant

    The final defendant in a criminal harassment and stalking campaign by eBay employees against two Massachusetts journalists over their coverage of the auction site should be spared from prison only because of his inoperable cancer diagnosis, federal prosecutors said.

  • July 15, 2024

    Rejecting Euthanasia For Pet Not Cruelty, Mass. Justices Say

    Massachusetts' top court ruled Monday that a pet owner's decision to bring her ailing 14-year-old cocker spaniel home to die rather than have it euthanized as recommended by a veterinarian didn't qualify as animal cruelty, affirming lower court decisions dismissing the case.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Whistleblower's Attys Get $5.9M After Losing $11.5M Fee Ask

    A Massachusetts federal judge awarded a whistleblower's counsel $5.9 million in fees plus $651,845 in costs and expenses after slashing their prior "exorbitant" $11.5 million fee request in May in a decade-old False Claims Act lawsuit alleging Fresenius Medical Care billed Medicare for unnecessary hepatitis tests.

  • July 12, 2024

    Subcontractor Ducks Counterclaims In $1M Army Lab Suit

    The prime construction contractor for a U.S. Army lab failed to provide enough evidence to bring counterclaims against a subcontractor in its $1 million breach of contract suit, a Massachusetts federal judge has ruled.

  • July 12, 2024

    Real Estate Recap: Mall Makeovers, Military Land, Fundraising

    Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.

  • July 12, 2024

    Feds Say Fake Gunshot Wounds Part Of $1M Fraud Scheme

    Five Massachusetts residents and one New Yorker defrauded insurance companies out of more than $1 million by submitting reimbursement claims for bogus overseas medical expenses, including gunshot wounds, stabbings and car accidents, federal prosecutors announced on Friday.

  • July 12, 2024

    Boston To Pay $1M To End Health Dept. Harassment Case

    A high-profile sexual harassment case against the city of Boston and its former health director settled for $1 million earlier this month, according to a copy of the agreement released Friday.

  • July 12, 2024

    Wayfair Says Contractor On 1st Megastore Stiffed Vendors

    Online retailer Wayfair LLC says the company it hired to oversee the build-out of its first "large-format" brick and mortar location failed to pay multiple subcontractors on the project, forcing Wayfair to pay the subcontractors directly to ensure that the store opened on time, according to a complaint filed Friday.

  • July 12, 2024

    Feds Seek 2 Years For Mass. Atty In Campaign Finance Scam

    Boston federal prosecutors want a former BigLaw attorney to serve two years in prison for his conviction for a raft of campaign finance violations tied to his 2018 run for an open congressional seat in Massachusetts.

  • July 12, 2024

    DraftKings' Voided NBA Bets Spark Lawsuit In Fed. Court

    An Indiana man claiming he was cheated out of a $150,000 payday has sued DraftKings over its decision to void bets on an October NBA game, with the online betting giant moving the proposed class action to federal court this week.

  • July 12, 2024

    Ex-Magellan Execs Waive Conflicts Over Past Shared Counsel

    Two former Magellan Diagnostics executives charged with conspiring to hide defects in the company's lead testing devices agreed on Friday to waive any potential conflict created by their prior joint representation by a Donnelly Conroy & Gelhaar LLP attorney.

  • July 11, 2024

    Atty's Missteps Conflicted Her At Trial, Mass. Justices Say

    Massachusetts' highest court on Thursday ruled that a man convicted of murder should get a new trial because his lawyer would have had to deride her own performance during her client's police interview in order to provide the best possible defense.

  • July 11, 2024

    Hershey, Walgreens Sued For 'One Chip Challenge' Death

    The Hershey Co. and its businesses that created and negligently marketed the "One Chip Challenge" to eat an ultra-spicy tortilla chip are responsible for the wrongful death of a Massachusetts 14-year-old, whose death coincided with the product being pulled from the shelves, according to a lawsuit filed Thursday by the boy's mother.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail

    A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.

  • July 11, 2024

    Orrick Adds Wilson Sonsini, Hooper Lundy Healthcare Attys

    Orrick Herrington & Sutcliffe LLP has hired seven new attorneys, including three partners who joined its life sciences and health tech platform in the firm's Washington, D.C., and Boston offices, the firm announced Thursday.

  • July 11, 2024

    Patent Cases To Watch In The Second Half Of 2024

    A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.

  • July 10, 2024

    Drug Pricing, Overreach Dominate IP Disclaimer Feedback

    The U.S. Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.

  • July 10, 2024

    Meijer Says Takeda Can't Force Antitrust Suit Into Arbitration

    Meijer argued before a Massachusetts federal court that Takeda waited far too long to try to force the supermarket chain to arbitrate its proposed class action accusing the Japanese pharmaceutical company of conspiring to delay a generic version of its anti-constipation drug Amitiza.

  • July 10, 2024

    Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit

    A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.

  • July 10, 2024

    Drug Test Co. Pays $1M To Settle Medicare Fraud Claims

    A Los Angeles drug testing lab will pay at least $1 million to settle claims it doubled-billed Medicare for toxicology tests for people undergoing treatment for opioid use disorder, Boston federal prosecutors said Wednesday.  

  • July 10, 2024

    Buyers Say Teva Had Multipart Scheme To Delay Inhaler Rivals

    Employee benefit funds accusing Teva of orchestrating a decadelong scheme to delay generic competition for its QVAR asthma inhalers told a Massachusetts federal court the drugmaker is trying to end the case by addressing merely one aspect of a multipart scheme.

  • July 10, 2024

    Mass. Justices Say Intent Not Factor In Boston Appeal Bonds

    Boston's zoning law does not require that courts make a finding of bad faith before ordering a challenger to post a bond, Massachusetts' highest court concluded on Wednesday in a case involving the appeal of the issuance of a cannabis dispensary permit.

  • July 09, 2024

    Terrorism Victims Push To Keep Pharma Suit In DC Circ.

    Terrorism victims warned the D.C. Circuit against sending to a lower court a lawsuit seeking to link pharmaceutical companies to the attacks that injured them, saying a remand could delay the case and frustrate their efforts to collect evidence.

Expert Analysis

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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