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Massachusetts
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July 05, 2024
Novartis Allegedly Sat On Drug Rights To Avoid $1B Payment
Drugmaker Novartis has allowed its right to develop a promising cancer treatment to "wither on the vine" to avoid having to pay nearly $1 billion under an interest purchase agreement with a Massachusetts company, a lawsuit filed in state court alleges.
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July 05, 2024
Armstrong Teasdale To Leave UK, Close 2 US Offices
Armstrong Teasdale LLP's managing partner said the firm "will likely no longer have a direct physical presence in the U.K. or Europe" as it ceases future financial support for its U.K. subsidiary, while aiming to wrap up business in Boston and Salt Lake City by the end of September.
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July 03, 2024
24 AGs Urge High Court To Preserve Ghost Gun Regs
A coalition of 24 attorneys general urged the U.S. Supreme Court to uphold a new federal regulation regarding the weapon parts kits consumers can purchase and use to build ghost guns — firearms without serial numbers — treating them the same way preassembled firearms are, saying the new rule is "crucial to preventing and solving violent, firearm-related offenses."
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July 03, 2024
5 Argument Sessions Benefits Attys Should Watch For In July
Republican state attorneys general will try to convince the Fifth Circuit to knock down a U.S. Department of Labor rule covering how retirement plan managers can consider environmental and social factors when picking investments, while Kellogg workers will challenge class action waivers at the Sixth Circuit. Here are five argument sessions coming up this month that benefits attorneys should keep an eye on.
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July 03, 2024
Appliance Co. Must Face Stove Pollutant Risk Claims
Sub-Zero Group Inc., a maker of luxury kitchen appliances, can't get out of a proposed class action accusing it of selling gas stoves that emit pollutants, a Wisconsin federal judge has ruled, saying federal energy efficiency laws do not "at this point" invalidate the state law claims.
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July 03, 2024
Cannabis Cos. To Take Constitutional Challenge To 1st Circ.
A group of cannabis businesses challenging the federal prohibition on marijuana gave notice of appeal Wednesday to the First Circuit Court of Appeals.
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July 03, 2024
Developer Owes $10M For Boston Project Delays, Suit Says
Massachusetts contractor Suffolk Construction Co. Inc. claims the developer of a significant mixed-use residential and commercial block in Boston's South End still owes it more than $10 million, saying delays due to the pandemic and a change in the type of cabinetry in the apartments contributed to higher costs.
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July 03, 2024
4 Mass. Rulings You Might Have Missed In June
Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.
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July 03, 2024
Mass. Court Partially Revives Trooper's Bias Suit
An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.
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July 03, 2024
1st Circ. Hands Hearing Loss Biotech Win In Stock-Drop Suit
A panel of the First Circuit declined to revive an investor class action alleging that a hearing loss treatment company and some of its executives concealed disappointing clinical trial results, saying there was no evidence the company had knowingly made false statements about the trial.
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July 03, 2024
Cerevel Investors Allege Insider Trades Pre-$8.7B AbbVie Deal
A pension fund shareholder of Cerevel Therapeutics Holdings Inc. has sued the biopharmaceutical company in Delaware's Court of Chancery, seeking documents to investigate potential fiduciary duty breaches and possible insider trading shortly before the company announced its pending $8.7 billion merger with AbbVie Inc.
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July 03, 2024
4 Firms Guide $183M Nano Dimension, Desktop Metal Deal
Israeli 3D printing company Nano Dimension Ltd. said Wednesday it has inked a deal to buy Massachusetts-based Desktop Metal Inc. for $183 million, a surprise twist that comes after both companies had vied last year to combine with a third rival in transactions that would have been worth upwards of $1.8 billion.
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July 02, 2024
Data Breach Suits Drive Consumer Protection Docket Growth
Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.
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July 02, 2024
DraftKings Must Face Securities Suit Over NFTs
A Massachusetts federal judge won't toss a proposed class action claiming that DraftKings Inc. sold unregistered non-fungible tokens on its marketplace, ruling that the suit plausibly alleges that the company falsely advertised that its NFTs would appreciate in value.
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July 02, 2024
Gig Drivers' Union Rights Make It To Mass. Ballot
Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced.
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July 02, 2024
Gov't Urged To Gauge TransDigm Deals' Effect On Defense Biz
Three Democratic lawmakers are pressing the U.S. Department of Defense and antitrust enforcers to review an aerospace company's recent acquisition of two other companies, citing antitrust and price gouging concerns.
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July 02, 2024
Pharma Co. Scores Exit In Investor Suit Over Primate Imports
A Massachusetts federal judge tossed every claim in a proposed class action claiming that pharmaceutical company Charles River Laboratories and its executives concealed their involvement in the illegal importation of nonhuman primates for research, ruling that the disputed statements are not false or misleading.
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July 02, 2024
Mass. Panel Won't Cut Tax Value Over Denied Building Permits
The owner of commercial property in Massachusetts failed to show that local denials of building permits impacted the tax value of the property, a state panel said in a decision released Tuesday, rejecting the owner's appeal of a local assessment.
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July 02, 2024
Cannabis Equity Licensee Says Rapper Burned Him In Deal
The holder of a Massachusetts social equity cannabis license says several entities affiliated with a marijuana brand created by hip hop artist Berner are trying to stiff him out of $2 million they agreed to pay for a stake in his Worcester dispensary, while still trying to assert control over it.
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July 01, 2024
What To Know: The High Court's Ruling On Social Media Regs
Rather than settling a circuit split over state laws curbing content moderation on the largest social media platforms, the U.S. Supreme Court on Monday remanded the cases — a decision many attorneys and First Amendment experts are viewing as a win for free speech online.
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July 01, 2024
Court Tosses Constitutional Challenge To Pot Prohibition
A Massachusetts federal judge on Monday granted the U.S. Department of Justice's bid to dismiss a constitutional challenge to federal marijuana prohibition, delivering a blow to an effort brought by a group of cannabis companies represented by litigator David Boies.
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July 01, 2024
EPA Inks Deal To Take Action On States' Haze Plans
The U.S. Environmental Protection Agency has agreed to take action on plan revisions submitted by more than 30 states aimed at curbing haze-forming air pollution, resolving environmental groups' claims the agency has unlawfully delayed approving or denying the various plan revisions.
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July 01, 2024
Pegasystems Investors Sue After $2B Trade Secrets Verdict
A pair of Pegasystems Inc. stockholders are seeking to hold its CEO and other officers liable for lost value following a $2 billion judgment against the company in a trade secrets case, according to a shareholder derivative complaint filed in Massachusetts state court.
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July 01, 2024
Catching Up With Delaware's Chancery Court
Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.
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July 01, 2024
GM Says No Warranty Breach Over Alleged Parking Defect
General Motors LLC has asked a Michigan federal judge to toss a proposed class action alleging it sold vehicles that can't detect when they're in park, forcing drivers to resort to "gimmicks" to shut them off, saying drivers haven't shown the alleged defect is dangerous or that GM knew about it when it sold the vehicles.
Expert Analysis
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.
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Uncharted Waters Ahead For FCA Litigation In 2024
Following a year of significant court decisions, settlements, recoveries and proposed amendments, 2024 promises to be a lively year for False Claims Act actions and litigation, and one that will hopefully provide more clarity as FCA jurisprudence evolves, say attorneys at Crowell & Moring.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.