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Massachusetts
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November 06, 2024
1st Circ. Tells Immigration Board To Rethink Torture Definition
The First Circuit has ordered the Board of Immigration Appeals to reconsider denying removal relief for a man wanted for murder in Jamaica, finding that the board incorrectly assumed that direct police participation was needed to back his fear of torture.
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November 06, 2024
Mass. Gov. Taps 3 For Superior Court
Massachusetts Gov. Maura Healey has nominated three attorneys from within the ranks of state government to the state's Superior Court, her office announced Wednesday.
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November 06, 2024
Mass. Tobacco Law's Penalty Provision Hits State's Top Court
Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.
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November 06, 2024
Mass. Justices Dubious Of Karen Read's Double Jeopardy Bid
Massachusetts' highest appellate court on Wednesday appeared skeptical that Karen Read, the woman accused in a high-profile case of striking and killing her boyfriend with her SUV, should be cleared on two counts after jurors came forward following a mistrial to say they had voted to acquit.
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November 06, 2024
Mass. Voters Back Gig Driver Unions, Setting Up Possible Suit
Massachusetts voters on Tuesday handed Uber and Lyft drivers a novel route to unionization, likely setting up a legal challenge to the measure that experts predict will face an uphill climb.
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November 06, 2024
TA Makes €1.21B Bid For German Healthcare Tech Biz
U.S. private equity firm TA Associates Management LP has offered to acquire Nexus AG in a public takeover offer, valuing the German healthcare technology company at €1.21 billion ($1.3 billion).
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November 05, 2024
Mass. Voters Reject Tipped Minimum Wage Proposal
Massachusetts voters on Tuesday rejected a hotly contested measure that would have fundamentally changed how servers and other tipped workers are compensated, one of a collection of ballot initiatives dealing with employment rights, education and legalized hallucinogens.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
Day Pitney Adds Trademark, Copyright Pro In Boston
A former ArentFox Schiff LLP attorney has jumped to Day Pitney LLP's intellectual property law practice, bringing with her years of experience in Boston helping clients defend trademarks and register copyrights.
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November 05, 2024
Harvard Can't End Suit Claiming Antisemitism On Campus
Harvard University must face allegations that it was indifferent to antisemitic behavior on its campus in the wake of Hamas' Oct. 7, 2023, attack on Israel, a federal judge ruled Tuesday.
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November 05, 2024
Shuttered NHL Talent Rep Wants $1.2M Finnish Arb. Suit Nixed
The owner of a now-defunct talent agency that represented professional hockey players has asked a Massachusetts federal judge to toss a $1.2 million lawsuit and said he intends to appeal a decision freezing his assets while the suit from a rival Finland–based management company proceeds in U.S. federal court.
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November 05, 2024
Burden For Hearst May Override Vax Objection, 1st Circ. Hints
A Boston television station may have been justified in firing a Hearst videographer who refused to get a COVID-19 vaccine during the pandemic even if the worker's religious objections were sincere, the First Circuit hinted during arguments Tuesday.
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November 05, 2024
Thermo Fisher Antitrust Counsel Returns To Ropes & Gray
A former Ropes & Gray LLP attorney has returned to the firm after a stint in-house at Thermo Fisher Scientific Inc., strengthening the firm's antitrust practice.
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November 05, 2024
1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars
A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.
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November 05, 2024
Emerson Eyes Remaining AspenTech Shares At $15.1B Value
Emerson Electric said Tuesday it has proposed to buy the remaining shares of AspenTech common stock it does not already own for $240 per share in cash, an offer that would give the industrial software company a $15.1 billion enterprise value.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Security Tech Co. Evolv Misled Shareholders, Suit Claims
Security technology company Evolv Technologies Holdings Inc. has been hit with a proposed class action in Massachusetts federal court by a shareholder alleging the company reported inaccurate revenue for over two years because of weaknesses in its internal controls.
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November 04, 2024
Whistleblowers Win Cut Of Medical Kickback Settlement
Three whistleblowers who tipped off the federal government to a medical device company's multimillion-dollar kickback scheme are entitled to a cut of the $3 million in False Claims Act settlements paid by surgeons who admitted participating in the sham consulting ploy, a Boston federal judge ruled Monday.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
Expert Analysis
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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5 Lessons From Consulting Firm's Successful DOJ Disclosure
The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.
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Video Game Release Highlights TM Pitfalls Of App Store
The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.