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Massachusetts
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January 14, 2025
Curaleaf's Ex-CEO Wants Out Of Ex-VP's Pay, Sex Bias Suit
The former CEO of Curaleaf Holdings Inc. is urging a Massachusetts federal court to toss a former senior vice president's claims against him in a suit alleging the company discriminated against her for her gender and race, saying the state's courts don't have jurisdiction over him.
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January 14, 2025
1st Circ. Won't Revive Cape Cod Restaurants' Ordinance Case
The First Circuit has declined to revive a case brought by two restaurants on Cape Cod, Massachusetts, that alleged they were selectively targeted with enforcement of a municipal noise ordinance and COVID-19 restrictions, saying the eateries failed to make a proper showing that their constitutional rights were violated.
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January 14, 2025
MIT Bio Lab Can't Use Anti-SLAPP To Duck Defamation Suit
The Massachusetts Appeals Court on Tuesday ruled that the state's anti-SLAPP statute could not stop a suit brought by the former head of an MIT-affiliated biomedical research lab who stepped down amid a finding that he harassed a subordinate, though several of his claims were axed nonetheless.
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January 14, 2025
Mass. AG Says Insulin Makers, Middlemen Colluded On Costs
Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.
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January 14, 2025
Feds Ask 2 Years For Ex-Pol On Tax, Pandemic Aid Charges
A former Massachusetts state senator should spend two years in prison after being convicted of illegally obtaining unemployment assistance and filing a false tax return, the federal government argued, citing the "greed" at the heart of the politician's conduct.
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January 13, 2025
Insurer Drops Dispute Over Private Equity Firm's Deals
An excess insurer agreed Monday to drop its Massachusetts federal suit seeking to avoid coverage of two settlements made by its insured, the private equity firm Advent International, over supposed wrongful acts the company committed related to the sale of two portfolio companies to two different buyers.
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January 13, 2025
Black Musician Beaten By White Nationalists Awarded $2.75M
A Black musician, teacher and activist who was attacked in 2022 by white supremacists in Boston won a $2.75 million default judgment Monday against hate group Patriot Front and its founder, in a ruling hailed by lawyers for the plaintiff as sending "an unequivocal message" that such acts will not be tolerated.
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January 13, 2025
5 Firms Steer Up-To-$750M Sale Of Life Molecular Imaging
Radiopharmaceutical-focused company Lantheus Holdings Inc. announced plans Monday to buy Life Molecular Imaging Ltd. for up to $750 million in a deal built by five law firms.
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January 13, 2025
Acting USPTO Chief Won't Review Seed IP Challenge Denial
The acting leader of the U.S. Patent and Trademark Office shot down a bid by a Cambridge, Massachusetts, gene-editing startup to review decisions rejecting its challenges to patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.
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January 13, 2025
Lilly To Buy Scorpion Cancer Program For Up To $2.5B
Ropes & Gray LLP-led Eli Lilly and Co. said Monday it has agreed to purchase a precision breast cancer program of biotechnology company Scorpion Therapeutics Inc. for up to $2.5 billion.
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January 13, 2025
FedEx Drivers Rip Company's 'Desperate' Bid To Duck OT Suit
FedEx drivers working for intermediate employers have pressed a Massachusetts federal judge to keep alive one of a handful of overtime lawsuits against the shipping giant, blasting the company's "desperate" bid to have the case kicked as a sanction to the drivers' lawyers.
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January 13, 2025
$13.4M Suit Against Insurer For Conn. Death Verdict Paused
A Connecticut state court judge has rejected Hanover Insurance Co.'s bid to dismiss a mother's lawsuit seeking to partially enforce a $13.4 million trial judgment over her son's death in a group home, but agreed to pause the matter while the group home appeals the verdict.
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January 13, 2025
Ex-Benefytt Affiliate Violated Consumer Laws, Suit Says
A telemarketing firm that worked with health insurance broker Benefytt Technologies repeatedly violated Massachusetts consumer protection and do-not-call laws, a consumer has alleged in state court.
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January 13, 2025
Justices Pass On Challenge To Mass. Offshore Wind Project
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
GSK Hits Back At Moderna Counterclaims In Patent Feud
GlaxoSmithKline wants a Delaware federal court to quickly reject some of the counterclaims leveled by Moderna in response to patent suits over the company's mRNA vaccines.
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January 10, 2025
Blue State AGs Urge Walmart To Reinstate DEI Initiatives
A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."
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January 10, 2025
New Pirate Loot Claims Lodged In Chancery
A Flying Dutchman of a legal wrangle over a treasure-laden, sunken pirate ship off Cape Cod, Massachusetts, surfaced again Friday in Delaware's Court of Chancery in an investor suit demanding books and records on a decades-long salvage operation and alleging possible fraudulent conveyances by "rogue fiduciaries."
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January 10, 2025
Patent Partner Leaves Kilpatrick Townsend For K&L Gates
K&L Gates LLP has added to its Orange County, California, office a Kilpatrick Townsend & Stockton LLP partner with a practice of working with Chinese companies looking to file patents with the U.S. Patent and Trademark Office.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.