Massachusetts

  • August 02, 2024

    Class Suit Over Changed Music Venue Changes Conn. Forums

    A proposed class of ticket buyers who claim to have been shortchanged when an organizer suddenly shortened a three-day Connecticut music festival and moved the event to a much smaller venue have refiled consumer protection, contract and negligence claims in state court Thursday after pulling a short-lived federal complaint.

  • August 02, 2024

    How Two Non-Bankruptcy Attys Won A Rare Ch. 7 Jury Trial

    A pair of Boston-based attorneys from Davis Malm scored a victory in a rare bankruptcy-related jury trial despite not being bankruptcy practitioners themselves, after a Delaware panel rejected a trustee's bid to recoup $44 million from a former grocery store magnate.

  • August 02, 2024

    Industry Backs Commonwealth's Appeal Of SEC's $93M Win

    The Financial Services Institute is calling on the First Circuit to overturn the U.S. Securities and Exchange Commission's $93 million victory against member firm Commonwealth Financial Network, arguing the lower court's disgorgement analysis undermines a U.S. Supreme Court decision and leaves other investment advisers fearing "outsized" enforcement actions.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

  • August 02, 2024

    Boston Marathon Bomber Wants Trial Judge Off Case

    Convicted Boston Marathon bomber Dzhokhar Tsarnaev wants a different judge to handle his remanded motion to strike two jurors at his sentencing trial over potential bias, his lawyers told the court in a letter Friday.

  • August 02, 2024

    Patients Ink $1M Deal To Settle Pharmacy Data-Breach Claims

    A home-delivery pharmacy service struck by a data breach in 2021 has agreed to pay $1 million to settle a class action brought by plaintiffs whose personal information was compromised, according to a Friday filing.

  • August 02, 2024

    Real Estate Recap: Grants Pass, Population Data, CMBS Risk

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including city and state reactions to the U.S. Supreme Court's ruling on homeless encampments, a new proptech venture leveraging population data for investors and developers, and one BigLaw leader's view of which sectors are most sensitive to commercial mortgage-backed securities distress.

  • August 02, 2024

    Plumbing Co. Sales Reps Owed OT, 1st Circ. Affirms

    A group of more than 600 sales representatives at a Massachusetts-based plumbing and HVAC wholesaler are eligible for overtime pay, the First Circuit concluded on Thursday, affirming a lower court's finding on a Fair Labor Standards Act complaint brought by the government.

  • August 02, 2024

    FedEx Drivers Accept $166K Deal To Close Out OT Suit

    Two Massachusetts FedEx drivers claiming the logistics giant shorted them on overtime wages accepted an offer to end the litigation in their favor months before trial for $20,000 each, plus $126,000 in attorney fees. 

  • August 01, 2024

    AI Cos. Say Music Labels' IP Misuse Will Undo Copyright Suits

    Two artificial intelligence startups said Thursday that the major record labels' monopolistic hold on the music industry will doom their federal lawsuits claiming the AI companies infringed copyrighted works while training their neural networks to create original music from user prompts.

  • August 01, 2024

    GE Retirees Reach Deal To Resolve Pension Benefits Dispute

    General Electric retirees announced Thursday they'd struck a deal with their former employer to resolve claims that GE improperly used a company spinoff to renounce responsibility for supplemental pension benefits reserved for senior executives, the plaintiff-side firm that represented the retirees said.

  • August 01, 2024

    Prisoner Swap Includes Russian Convicted Of Insider Trading

    A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.

  • August 01, 2024

    AbbVie Wants Mass. Biotech Firm To Pay Up For Drug Work

    AbbVie Inc. says it's still owed nearly $1 million by a Massachusetts biopharmaceutical company for materials and work it provided as the smaller firm prepared to seek U.S. Food and Drug Administration approval of a potential cancer treatment, according to a lawsuit filed in state court.

  • August 01, 2024

    Duane Morris Seeks $3.25M Fee For Pirate Treasure Win

    Duane Morris LLP attorneys who recently won a Delaware Court of Chancery order unwinding a merger that set up unfair terms for distributions from a sunken pirate ship salvage venture potentially worth $200 million to $1 billion have asked for a $3.25 million fee for their five-year effort.

  • August 01, 2024

    White House Defends 6th Circ. Nom Against Tenn. Senator

    The Senate Judiciary Committee approved seven judicial nominees on Thursday, including one for the Sixth Circuit under fire from her home-state senators.

  • August 01, 2024

    RTX Didn't Tell Jobseekers Of Lie Detector Ban, Suit Says

    Raytheon Technologies Corp., now RTX Corporation, failed to advise job applicants that Massachusetts bans the use of lie detector tests in hiring decisions, as required by a nearly 40-year-old law, a proposed class action filed in state court alleges.

  • August 01, 2024

    Hub Hires: Harvard, Manatt, Prince Lobel, Flagship

    A sweltering July saw its fair share of hot moves across the Boston legal community, with a Boston firm launching a second Bay State office, Harvard hiring a new top attorney, and more.   

  • August 01, 2024

    Mass. Could Be New Front In The Battle Over Jury Trial Right

    Following the U.S. Supreme Court's ruling granting defendants facing administrative civil penalties the right to a jury trial, experts say a similar challenge in Massachusetts is likely, but may not find as receptive a judicial audience.

  • August 01, 2024

    Hogan Lovells Recruits Two From Foley Hoag To Health Team

    Hogan Lovells said Thursday it has hired two Foley Hoag partners experienced in complex regulatory, legislative and legal policy affecting medical technology and biopharmaceutical companies to join the firm's health practice. 

  • July 31, 2024

    Trade Secrets Cases To Watch In 2024: A Midyear Report

    A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.

  • July 31, 2024

    Jury Instruction Error Kills $21M Verdict Over Noncompete

    Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.

  • July 31, 2024

    4 Mass. Rulings You May Have Missed In July

    Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.

  • July 31, 2024

    DraftKings Closes NFT Platform Over 'Legal Developments'

    DraftKings has announced that it is shuttering its nonfungible token marketplace due to "recent legal developments," with the decision coming weeks after a Massachusetts federal judge permitted a proposed securities class action involving the marketplace to move forward.

  • July 31, 2024

    1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat

    The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.

  • July 31, 2024

    Firms Must Justify $1.4M Fee Bid In State Street Settlement

    A Massachusetts federal judge who oversaw a yearslong attorney overbilling scandal and slashed a fee bid in another case over alleged false and misleading statements ordered a pair of firms to tell him why they should get one-third of a $4.3 million settlement with State Street Corp.

Expert Analysis

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • 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.

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