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Massachusetts
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August 05, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regime
Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.
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August 05, 2025
States Push DOJ To Crack Down On Illegal Offshore Gambling
Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.
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August 05, 2025
Boston Firm Adds Former Panera, Dunkin' Brands Counsel
Boston-based Rubin and Rudman LLP hired the former legal counsel of Panera Bread Co. and Dunkin' Brands for an "of counsel" role on the firm's real estate team, the firm announced Tuesday.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Teva Settles Claims Over Delayed Generic Asthma Inhalers
Teva Pharmaceuticals has settled a 2023 lawsuit by a coalition of union healthcare funds accusing the company of thwarting the introduction of a generic version of its QVAR inhalers to the market, according to a filing in Massachusetts federal court.
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August 05, 2025
Mass. Appellate Court Upholds Atty's $1M Fee Win
An attorney's $1.17 million judgment against a former client for unpaid legal fees was affirmed Tuesday by a Massachusetts intermediate appellate court, which also found that the client had waited too long to lodge a legal malpractice claim.
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August 04, 2025
FCA Juror's Possible Conflict Can't Justify Retrial, Judge Says
A class action trial against Fiat Chrysler in 2023 was not tainted by a juror whose employer was negotiating a deal with the automaker's parent company Stellantis NV, a Massachusetts federal judge ruled Friday, rejecting a bid by a class of drivers who sued over allegedly defective headrests.
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August 04, 2025
MOVEit Data Breach MDL Advances With Slimmed Frame
A Massachusetts federal judge has pared down but declined to toss sprawling multidistrict litigation over a data breach tied to Progress Software's MOVEIt file transfer tool, with negligence and several other claims allowed to proceed against the software vendor and four bellwether groups of companies that used the tool.
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August 04, 2025
Mass. Ambulance Cos. Settle State FCA Allegations For $6M
Two Massachusetts ambulance companies have agreed to pay $6 million to settle allegations that they "upcoded" claims to the state's Medicaid program, MassHealth, billed it for unnecessary services, and committed other False Claims Act violations, the state attorney general's office announced Monday.
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Apple Hits 'Apple Cinemas' With TM Suit Amid Expansion
Apple Inc. has sued a movie theater chain called Apple Cinemas in Massachusetts federal court over trademark infringement claims, saying the cinema brand has expanded to the tech giant's backyard by opening in a historic theater location in San Francisco.
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August 04, 2025
Condo Can't Boot Unit Owner After Assault, Mass. Court Says
A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.
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August 04, 2025
Suffolk Law, Arbitration Body Launch Family Law Clinic
Suffolk University Law School, together with the nonprofit American Arbitration Association, has launched an online dispute resolution clinic focused on family law matters, with John D. Casey, a former chief justice of the Massachusetts family and probate court, appointed to oversee the project.
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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care
The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.
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August 01, 2025
3 Injured In Assisted-Living Facility Fire Sue Owner, Alarm Co.
Three injured survivors of a deadly fire at a Fall River, Massachusetts, assisted-living facility last month have sued the owner and a fire alarm company, alleging that the owner ignored multiple safety issues and let the place become "a death trap."
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
Senate Dem Pitches Way To Keep TikTok Online Without Sale
U.S. Sen. Ed Markey, D-Mass., is floating a proposal that would require TikTok to be transparent about how it displays content and limit foreign access to user data in order to allow the app to escape a legislative mandate to cut ties with its Chinese parent company, ByteDance, or face a nationwide ban.
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August 01, 2025
Mass. Judge Can't Dismiss Assault Case Via Sanction
A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Taxation With Representation: Skadden, Wachtell, Latham
In this week's Taxation With Representation, Union Pacific Corp. and Norfolk Southern Corp. announce megamerger plans, Palo Alto Networks acquires identity security company CyberArk, Brookfield buys British life insurer Just Group, and Duke Energy sells its Piedmont Natural Gas Tennessee local distribution business to Spire Inc.
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August 01, 2025
Hub Hires: Holland & Knight, Nutter, Prince Lobel
Boston tends to slow down during the summer months, as the area's colleges and universities empty out for the season, but there was still some movement in the Hub's legal community in July, including a late-career move by a well-known partner and a former attorney general's jump to a startup.
Expert Analysis
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.