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Massachusetts
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September 27, 2024
Real Estate Recap: Loving Or Leaving The Law Office
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways from a new survey of BigLaw firms that have either renovated their office or relocated entirely.
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September 27, 2024
SEC Says Ex-Chewy Exec Inside Traded On Pet Insurer Deal
A former executive at pet supply company Chewy agreed Friday to pay more than $35,000 to settle charges from the U.S. Securities and Exchange Commission that he traded on inside information about the company's plans to announce a deal with a pet insurance company.
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September 27, 2024
Head Of 'High-End Brothel' Network In Mass., Va. Pleads Guilty
A Cambridge, Massachusetts, woman admitted Friday to running a sophisticated network of brothels in greater Boston and northern Virginia that prosecutors have said was patronized by lawyers, politicians, corporate officials and others.
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September 27, 2024
'Varsity Blues' Suit Flips The Script On 'Victim' USC
The University of Southern California could be forced to reveal unseemly details of its admissions process if it can't beat or settle a $75 million suit filed by a private equity executive who blames the school for his being ensnared in the "Varsity Blues" college admissions scandal, experts told Law360.
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September 27, 2024
Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair
A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.
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September 27, 2024
EPA Will Review Wood Stove Emissions Rules To Settle Lawsuit
The U.S. Environmental Protection Agency agreed to revisit its emissions standards for residential wood-burning stoves, resolving 10 states' D.C. federal court lawsuit accusing it of slacking on its obligation to do so.
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September 27, 2024
Boston-Based Burns & Levinson To Close After Atty Exodus
Burns & Levinson LLP is dissolving in the coming months after a year in which about half of the firm's attorneys departed and merger talks came up short, the firm confirmed to Law360 Pulse Friday.
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September 27, 2024
TelexFree Victims Say Payment Processor Lost Key Emails
Victims of the multibillion-dollar TelexFree Ponzi scheme said a payment processor's loss of critical emails and other files related to the ploy amounts to a "blatant coverup" to hide evidence that would have otherwise bolstered their case against the company.
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September 26, 2024
1st Circ. Won't Disturb Ex-DraftKings Exec's Noncompete
The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.
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September 26, 2024
Sen. Warren Presses OCC, Fed For Tighter Leash On NYCB
Sen. Elizabeth Warren, D-Mass., demanded Wednesday that federal regulators slap New York Community Bancorp with a higher minimum capital requirement, calling out what she alleges has been lax oversight of the bank.
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September 26, 2024
SEC Fines DraftKings $200K Over CEO's Social Media Blasts
DraftKings agreed to pay a $200,000 fine to resolve U.S. Securities and Exchange Commission administrative charges that the online sports betting platform shared nonpublic sales growth information with some of its investors through its CEO's social media without disclosing the information to all investors, the agency said Thursday.
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September 26, 2024
Behavioral Health Exec Pleads Guilty To Medical Billing Fraud
The chief executive of a behavioral health company on Thursday admitted to directing employees to bill Medicare and Medicaid for extra psychotherapy sessions that never took place.
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September 26, 2024
Robinhood Arbitration Pact Not Obvious To Users, Judge Says
Robinhood Financial LLC cannot show that a user who claims the platform failed to notify him of important developments regarding his investments was made aware of an arbitration clause buried in the company's user agreement, a Massachusetts state court judge said.
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September 25, 2024
Mass. Police Officers Sue Over Cost Of Prep For Biased Exam
A group of Massachusetts police officers say they should be reimbursed for the costs of preparing for 2022 promotional exams that were administered in the midst of a trial where similar tests were ultimately found to be biased against Black and Hispanic officers.
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September 25, 2024
Read Tells Mass. Justices Verdict Slip Not Needed To Acquit
Lawyers for Karen Read, the Massachusetts woman whose high-profile murder case garnered national attention before it ended in a mistrial, told the state's highest court that a retrial is barred by double jeopardy because some jurors revealed afterward that the panel had agreed to acquit — even if no formal verdict was announced.
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September 25, 2024
NJ Hemp Restrictions Draw Early Industry Challenge
A group of companies that manufacture and sell hemp products asked a New Jersey federal court Tuesday to block the enforcement of a new Garden State law restricting and regulating the sale of intoxicating hemp products.
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September 25, 2024
Mass. Gov. Nominates New Chief Justice At Appeals Court
Massachusetts Appeals Court Justice Amy Lyn Blake has been nominated to take over as chief justice of the court, Gov. Maura Healey's office announced Wednesday.
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September 25, 2024
Bloggers In EBay Stalking Case Can't Pinpoint Lost Sources
A Massachusetts couple suing eBay after their blog's critical coverage of the e-commerce giant made them the target of a corporate harassment scheme told a federal judge on Wednesday they aren't able to specifically identify potential sources who were allegedly chilled into silence by the scheme.
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September 25, 2024
Prince Lobel Says Rapper Owes $237K For Fraud Defense
Prince Lobel Tye LLP says Chicago rapper G Herbo owes the Boston firm more than $237,000 for its work on a criminal case alleging he used stolen credit card information for personal luxuries like renting private jets and a Jamaican villa and buying puppies.
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September 24, 2024
1st Circ. Affirms Tossing Of IRS Crypto Doc Seizure Case
A New Hampshire federal court correctly dismissed a bitcoin investor's claim that the IRS violated his privacy and property rights when it seized his records from the cryptocurrency exchange Coinbase, the First Circuit ruled Tuesday, agreeing that he lacked a reasonable expectation that his account information would be kept private.
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September 24, 2024
'Salacious' Keches Spat With Ex-Partner Aired In Court
A former partner of Keches Law has asked a Massachusetts state court for permission to review the personal injury firm's financial records after he was told his shares in the firm are worthless, accusing another attorney of financial misdeeds.
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September 24, 2024
Moderna Execs Hyped Ineffective RSV Vax, Suit Says
Officers and directors of Moderna misled investors about the efficacy of its RSV vaccine, causing share prices to dive when it was revealed in June to have only about a 50% efficacy rate after 18 months, a new shareholder suit alleges.
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September 24, 2024
Harvard Says Alums Can't Sue Over Antisemitism Concerns
A lawyer for Harvard University told a Boston federal judge on Tuesday that alumni suing the elite school over antisemitism on campus may have sincere concerns about their alma mater, but they lack standing to air those issues in court.
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September 24, 2024
Star Witness Against Bankman-Fried Gets 2 Years In FTX Case
A Manhattan federal judge sentenced former cryptocurrency executive Caroline Ellison to two years in prison Tuesday, crediting her decision to testify against FTX founder Sam Bankman-Fried but saying the $11.2 billion fraud was too big to warrant a "get out of jail free card."
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September 24, 2024
Ropes & Gray Chair To Serve 2nd Term; Firm Picks Vice Chair
Ropes & Gray LLP announced Tuesday that leading corporate lawyer Julie Jones will begin a second term as the 1,500-attorney firm's first-ever female chair next year while managing committee member Neill Jakobe prepares to assume a vice chair role.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
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.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
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.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
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.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
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.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
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.
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Stay Interviews Are Key To Retaining Legal Talent
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.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
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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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.