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Massachusetts
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August 22, 2024
Ex-Delta Attendant Can't Revive Rape Suit, Split 1st Circ. Says
A divided panel of the First Circuit has affirmed a summary judgment win for Delta Air Lines in a suit brought in Massachusetts by a former flight attendant who claimed the airline botched its investigation into her allegations that she was raped by a pilot.
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August 22, 2024
Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time
An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.
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August 21, 2024
FTX's Salame Says Feds Broke Deal Not To Probe Girlfriend
Former FTX executive Ryan Salame urged a New York federal judge Wednesday to either vacate his May conviction or stop federal prosecutors from investigating his domestic partner Michelle Bond for related political campaign-finance offenses, saying prosecutors induced his guilty plea by promising not to probe Bond.
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August 21, 2024
RTX Wants Trade Secrets Trial Closed To 'Non-US Persons'
Defense contractor RTX is fighting with a manufacturer over whether a trade secrets trial next week over the design of a mechanical bearing used in the U.S. military's "StormBreaker" bomb should be closed off to all "non-U.S. persons."
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August 21, 2024
Fla. Adviser Settles SEC Dispute Over Alleged Audit Lies
A Florida-based investment adviser has settled a dispute with the U.S. Securities and Exchange Commission over allegations he breached his fiduciary duties when he lied to investors about completing required audits on their investment funds, according to documents filed Wednesday in Boston federal court.
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August 21, 2024
Ex-Patriots Football Player Can't Sue Over Alumni Group Boot
A Massachusetts appellate court panel declined on Wednesday to undo a lower court's decision to toss a lawsuit from an elderly former New England Patriots player who claims he was wrongly ejected from the alumni club.
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August 21, 2024
Ropes & Gray Reps TJ Maxx On $360M Brands For Less Deal
The parent company of department store chain TJ Maxx, led by Ropes & Gray LLP, announced Wednesday that it has agreed to take on a 35% stake in Dubai-based Brands For Less for about $360 million.
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August 21, 2024
DraftKings Can't Dodge Bettors' Claims Over $1K Bonus Offer
DraftKings cannot walk away from a proposed class action accusing the online sports betting platform of luring new customers with a deceptive offer to pay them $1,000 for signing up, a Massachusetts state court judge ruled in a decision made public Wednesday.
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August 21, 2024
Hedge Fund Priest Sues SEC Over Proposed Industry Ban
A Greek Orthodox priest and hedge fund founder who beat most civil claims brought by the U.S. Securities and Exchange Commission at a 2021 trial sued the agency Wednesday, claiming it is unconstitutionally trying to implement a lifetime ban from the securities industry through an administrative case.
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August 21, 2024
Judge To Mull Recusal In Boston Marathon Bombing Case
A Boston federal judge said Wednesday he will allow briefing on whether he should recuse himself from the case of convicted Boston Marathon bomber Dzhokhar Tsarnaev, who is seeking a new sentencing trial over claims of possible jury bias.
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August 21, 2024
Satanists Ask 1st Circ. To Rethink Boston's Prayer Scheme
A satanic temple wants the full First Circuit to rehear its suit seeking to participate in a blessing at Boston City Council meetings, arguing in a petition that the city's discriminatory prayer selection practice is straight out of a George Orwell novel.
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August 20, 2024
SharkNinja Urges Mass. Court To Reject Dyson Patent Claims
SharkNinja is asking a federal judge in Massachusetts to deem it has not infringed five patents held by rival vacuum-maker Dyson, three months after Dyson brought a patent infringement claim against SharkNinja in Texas over the same patents.
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August 20, 2024
Vax Patent Battles Heat Up As Attention On Pandemic Wanes
It's been over four years since clinical trials began for COVID-19 vaccines, and while the shots have helped the pandemic recede, the lucrative technology has spurred numerous patent suits, many of which are still in the early stages. Here's a look at some of the key cases in the U.S.
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August 20, 2024
Mass. Parcels Were Properly Valued Despite Construction
Two parcels of land in a Massachusetts town were properly valued and should not have their value decreased based on construction on a nearby property, the state Appellate Tax Board said in a decision released Tuesday.
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August 20, 2024
At Nutter, Old Guard Meets New In Expanded Gov't Practice
Twenty-five years after they first met at Boston's Suffolk University Law School as professor and student, Bill Kennedy and Dan Mulhern are teaming up to lead an expanded government affairs and public policy practice at Nutter McClennen & Fish LLP.
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August 20, 2024
Pierson Ferdinand Furthers Growth With FisherBroyles IP Ace
The rapidly growing Pierson Ferdinand LLP announced Tuesday that it picked up an intellectual property partner from FisherBroyles LLP with a long resume of trademark law work to serve clients out of Boston, Washington, D.C., and California.
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August 20, 2024
Mass. AG Can't Enforce Housing Act, State's Top Court Told
Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
Biogen Paid To Help Curb Generic Tecfidera Sales, Says Suit
Biogen illegally impaired competition for its multiple sclerosis drug Tecfidera by paying major pharmacy benefit managers to prioritize the brand over generics while it worked to shift the market to a different version of the medication, a multi-employer welfare plan alleged Friday.
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August 19, 2024
MOVEit MDL Judge's Call For Order Met With Atty Squabbles
A federal judge's effort to streamline multidistrict litigation over a 2022 data breach involving Progress Software's MOVEit file transfer tool instead led to a lengthy and contentious joint filing in which the parties accused one another of gamesmanship.
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August 19, 2024
Feds Trim Sentencing Request For Atty In Email Fraud Case
Massachusetts federal prosecutors have shaved 11 months off of a nine-year sentencing request for an Illinois attorney who was convicted of collecting proceeds from an email fraud scheme, after the First Circuit vacated three of the lawyer's six counts on venue grounds.
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August 19, 2024
Boston Defeats Suit By Fired Police Commissioner
A Boston police commissioner who was fired over decades-old abuse allegations had plenty of chances to give his side of the story, a Massachusetts federal court said Monday in rejecting claims he was defamed and stigmatized by the city's ex-mayor.
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August 19, 2024
Second Pharmacist To Avoid Meningitis Murder Trial
A pharmacist charged with murder in a deadly fungal meningitis outbreak that killed dozens of people is expected to plead no contest to involuntary manslaughter charges this week, averting a Michigan trial that had been set for November.
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August 19, 2024
Biotech Consultant Sues Ex-Partner To Force $2.5M Share Buy
Life sciences consulting firm BioPoint is asking a Massachusetts judge to order a former partner to sell back $2.5 million worth of shares in the closely held company following his ouster, according to a lawsuit filed in state court.
Expert Analysis
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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A Look At State AGs Supermarket Antitrust Enforcement Push
The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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Realtor Settlement May Create New Antitrust Pitfalls
Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.