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Massachusetts
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March 21, 2025
Lululemon Secures PTAB Decision Axing Nike Shoe Patent
Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.
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March 21, 2025
Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit
The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts
The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.
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March 21, 2025
Evenflo To Pay $3.5M In Booster Seat MDL Settlement
Parents who purchased "Big Kid" vehicle booster seats are asking a Boston federal judge to grant preliminary approval on a $3.5 million deal that would end multidistrict litigation against baby product maker Evenflo Co., which was accused of overstating the safety of its boosters.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
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March 21, 2025
Harvard Grad Eyes New Complaint In Antisemitism Suit
A former student on Thursday accused Harvard University of using "litigation tactics" to thwart an amended complaint in a suit over the Ivy League school's handling of antisemitic incidents on campus, after the school settled with some of the plaintiffs in the case.
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March 21, 2025
Mass. Court Shields Welfare Workers From Child Harm Claims
Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.
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March 21, 2025
Taxation With Representation: Cravath, Paul Weiss, Cooley
In this week's Taxation With Representation, Google acquires Wiz, QXO Inc. acquires Beacon Roofing Supply, and the Boston Celtics are bought by a group led by private equity firm co-founder William Chisholm.
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March 20, 2025
Judge OKs $51.75M Clearview AI Deal Despite AG Objections
An Illinois federal judge Thursday granted final approval to Clearview AI's $51.75 million settlement resolving multidistrict litigation challenging the company's practice of automatically collecting biometric facial data online, rejecting objections from 22 state attorneys general and the District of Columbia.
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March 20, 2025
Trump Rescinds Paul Weiss Order After Firm Strikes Deal
President Donald Trump on Thursday announced he will rescind an executive order suspending security clearances held by Paul Weiss Rifkind Wharton & Garrison LLP employees after the law firm agreed to not adopt DEI hiring practices and to provide $40 million worth of pro bono services to support administration initiatives.
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March 20, 2025
Judge Won't Let Meijer Appeal Takeda's Arbitration Mandate
A Massachusetts federal judge refused Thursday to let Meijer immediately appeal his order letting Takeda Pharmaceutical force the grocery chain into arbitration and out of its role as a representative of a proposed class of direct purchasers suing over delayed generics to a constipation drug.
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March 20, 2025
Parolees Say DHS Parole Program Cuts Causing Broad Injury
Eighteen noncitizen parolees and U.S.-based sponsors suing the Department of Homeland Security are urging a Massachusetts federal judge to block the termination of Biden-era parole programs for Afghanistan, Ukraine, Cuba and other countries, arguing a block is necessary to "prevent deep and broadening irreparable injury."
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
Boston Marathon Organizers Can't Shed All Race Bias Claims
A Black women's running club may continue pursuing some federal and state law racial bias claims against the nonprofit that oversees the Boston Marathon and a city along the course, a Massachusetts federal judge ruled Thursday.
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March 20, 2025
Ex-Harvard Coach's Bias Suit Filed On Time, Judge Advises
Harvard University shouldn't escape a former ice hockey coach's suit alleging she was forced into retirement for complaining that she was treated differently from her male colleagues, a Massachusetts federal judge recommended, saying her claims were filed within the statutory time limits.
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March 20, 2025
Three Firms Assist On Record $6.1B Boston Celtics Sale
The defending NBA champion Boston Celtics and their longtime owners, represented by Gunderson Dettmer and Cooley LLP, have been purchased for $6.1 billion by a Wachtell Lipton Rosen & Katz-advised group led by private equity firm co-founder William Chisholm, setting a new record for a North American pro sports franchise.
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March 20, 2025
No 1st Circ. Appeal For 'Varsity Blues' Guilty Plea, Judge Says
A judge in the "Varsity Blues" college admissions case won't allow a former attorney and television executive to seek First Circuit review of his order rejecting claims that a U.S. Supreme Court ruling invalidates the legal underpinnings of the former executive's guilty plea, according to a Thursday decision.
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March 19, 2025
Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling
A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.
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March 19, 2025
Russian Gotbit Crypto Operator Gets Plea Deal, Forfeits $23M
A Russian national accused of manipulating crypto markets through a market-making service he founded called Gotbit has struck a plea deal with Massachusetts federal prosecutors in which he copped to charges of conspiracy to commit market manipulation and wire fraud and agreed to forfeit about $23 million in cryptocurrency.
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March 19, 2025
Leader Of Brothel That Catered To Attys, Execs Gets 4 Years
The head of a network of brothels that operated out of luxury apartments in the Boston and Washington, D.C., areas and counted lawyers, political figures and executives among its clientele was sentenced to four years in prison on Wednesday.
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March 19, 2025
UMass Medical Execs To Face Retaliation Claim In Vax Dispute
The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Healthcare Consultant Says Tufts Medicine Owes $1M
Hospital operator Tufts Medicine has failed to pay more than $1 million in fees and commissions to healthcare consulting group Sellers Dorsey & Associates LLC, according to a lawsuit filed in Massachusetts state court.
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March 19, 2025
Advanced Instruments Buys Nova Biomedical In $2.2B Deal
Biopharmaceutical and clinical markets analytical instruments provider Advanced Instruments, repped by Simpson Thacher & Bartlett LLP, on Wednesday unveiled plans to acquire Nova Biomedical, advised by Davis Polk & Wardwell LLP, from its founding shareholders for an enterprise value of $2.2 billion.
Expert Analysis
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.