Massachusetts

  • January 06, 2025

    Ex-Sunstein Partner Says Firm Sat On Payments For Months

    A former nonequity partner at Sunstein LLP says the firm waited months to pay him approximately $85,000 he was owed for work he performed for two clients he originated for the firm, according to a suit alleging violations of the Massachusetts Wage Act.

  • January 03, 2025

    Real Estate Recap: All Eyes On '25

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.

  • January 03, 2025

    Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight

    A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.

  • January 03, 2025

    Aetna Says Takeda Inked Deal To Block Generics, Keep Profits

    Takeda Pharmaceuticals struck an anticompetitive deal with Par Pharmaceutical to keep a cheaper, generic version of its anticonstipation drug Amitiza off the market after the drug's compound patent expired, Aetna claimed Friday in a Massachusetts lawsuit, with the insurer alleging it overpaid millions of dollars for the brand name drug.

  • January 03, 2025

    Fla. Gov't Contractor Agrees To Pay $1M Over Rigging Bids

    A Florida owner of two government contractors agreed to fork over $1 million to the U.S. government to settle civil allegations he conspired with a Massachusetts-based company to submit false bids and resulted in driving up the cost of U.S. Department of Defense contracts, federal officials said Friday.

  • January 03, 2025

    Mass. Justices Affirm $29M Award In Leg Amputation Suit

    The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.

  • January 03, 2025

    Lyft, Home Health Agency Sued Over Fatal Crash

    Lyft, a Massachusetts home healthcare agency and several individuals have been named in a wrongful death suit brought on Friday by the daughters of an elderly woman who died after her rideshare driver sped off a highway and into the front of a closed retail store last May.

  • January 03, 2025

    Bank's Refund Doesn't End Proposed Class Action Over Fees

    A bank's "apparent attempt" to "pick off" a plaintiff in a proposed class action by refunding overdraft fees that are the basis for the complaint "will not be permitted," a Massachusetts judge said in denying the bank's bid to dismiss the case.

  • January 03, 2025

    Missed Deadline Bars Startup Investors' Conspiracy Claims

    A three-year statute of limitations — missed by a little more than a month — dooms civil conspiracy claims in a lawsuit alleging that partners in a venture capital firm created "sham" independent contractor agreements with a firm controlled by one of its partners to charge "massive and inexplicable" fees, a Massachusetts judge has ruled.

  • January 03, 2025

    Biogen Not On Hook For Disruptions Caused By Landlord

    Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.

  • January 03, 2025

    Insurers Ordered To Pay $165M For Deceptive Marketing

    Insurance companies banned from selling policies in Massachusetts due to alleged deceptive marketing practices have been ordered to pay $165 million for selling the plans anyway and using similar false advertising in their pitches to consumers, a state judge has ruled.

  • January 03, 2025

    Influencer Marketing Biz Later Buys Mavely In $250M Deal

    Influencer marketing and social media management software services company Later on Friday announced plans to buy everyday influencer platform Mavely in a $250 million deal.

  • January 02, 2025

    Eye Drug Study Blindsided Pharma Co. Investors, Suit Says

    The CEO and directors of biopharmaceutical company Apellis Pharmaceuticals Inc. face shareholder derivative claims they failed to monitor clinical study participants for a serious side effect, leading to plummeting trading prices after a medical association sounded an alarm about the company's drug candidate.

  • January 02, 2025

    Dyson, SharkNinja Put Down Blades In Sprawling Patent Fight

    Dyson Inc. and its rival SharkNinja Inc. have informed federal judges in Texas and Massachusetts that they've reached a settlement in their sprawling patent fight spanning multiple jurisdictions over vacuum cleaner appliances, and they have requested a stay in the litigation.

  • January 02, 2025

    Retired Justice Breyer To Sit On 1st Circ. As Visiting Judge

    Retired U.S. Supreme Court Justice Stephen Breyer is returning to the bench this month as a visiting judge on the First Circuit, joining three-judge panels hearing oral arguments Jan. 8 and 10, including a financial adviser's appeal of its $93 million loss to the U.S. Securities and Exchange Commission.

  • January 02, 2025

    Sig Sauer Wants Other Firings Kept Out Of Gun Defect Trial

    A police officer who claims her pistol fired into her leg without warning should not be allowed to "distract" a jury with dozens of allegations from across the country involving unintentional firings by the same model, gunmaker Sig Sauer Inc. has told a Massachusetts federal court, saying it would "swamp" the trial.

  • January 02, 2025

    Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys

    A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.

  • January 02, 2025

    Dartmouth Men's Basketball Players End Unionization Push

    The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

  • January 02, 2025

    Mass. Atty Accused Of Botching Bias Case, Misleading Client

    A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.

  • January 02, 2025

    Insurer Shorting Autism Provider On Required Care, Suit Says

    Harvard Pilgrim Health Care has underpaid a group of autism therapy centers by at least $1 million for treatments they provided after the insurer authorized the care, according to a lawsuit filed in Massachusetts state court.

  • January 02, 2025

    'Trained Lawyer' Can't Undo Guilty Plea In 'Varsity Blues'

    An attorney and former television executive lost her bid to have her "Varsity Blues" guilty plea undone after a federal judge found that she had knowingly admitted her guilt and that a recent high court ruling did not undercut the government's case.

  • January 01, 2025

    Five Massachusetts Cases To Watch In 2025

    Massachusetts will be at the forefront of significant litigation on multiple fronts, including a landmark gun case before the nation's top court, antisemitism claims on the campus of the nation's oldest university, and an executive fighting back after largely defeating charges in the "Varsity Blues" college admissions scandal.

  • January 01, 2025

    Trump Begins 2nd Term With At Least 45 Judge Seats To Fill

    Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.

  • January 01, 2025

    The Hottest Topics Appellate Attys Are Tracking In 2025

    Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.

  • January 01, 2025

    Trademark Cases To Watch In 2025

    Justices will decide whether it's appropriate to have corporate affiliates of a trademark defendant pay $47 million in damages, and appellate courts are expected to grapple with how to apply the U.S. Supreme Court's 2023 opinion in Jack Daniel's fight over a chewy dog toy. Here are Law360's picks for trademark cases to watch in 2025.

Expert Analysis

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Questions Remain After Mass. Adverse Possession Case

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    A recent Massachusetts Land Court decision, concerning an adverse possession claim on a family company-owned property, leaves open questions about potential applicability to closely held corporations and other ownership types going forward, says Brad Hickey at DarrowEverett.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors

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    Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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