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Massachusetts
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October 29, 2024
EBay, Ex-Execs Deny Fault For Harassment Of Bloggers
Online retailer eBay and a group of former executives say a 2019 harassment campaign against a pair of Massachusetts bloggers was solely the work of rogue employees, urging a Massachusetts federal court to rule they're not liable over the episode.
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October 29, 2024
Ex-Boston University Law Prof Settles IP Suit With School
A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.
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October 29, 2024
1st Circ. Scraps Securities Fraud Case Against 3D Printing Co.
The First Circuit has affirmed a ruling throwing out a securities fraud lawsuit against 3D printing business Desktop Metal, finding the investor behind the action abandoned one of her claims and failed to adequately allege the other.
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October 28, 2024
Mass. Pole Attachment Regs Stymie Broadband, FCC Told
Internet provider GoNetspeed is again asking the Federal Communications Commission to step in and tell Massachusetts to straighten out its regulations for broadband pole attachments, saying the state's current regime is delaying deployment.
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October 28, 2024
Fidelity Investments Sued Over Money Market Fund's Fees
Fidelity Investments has been hit with a class action suit in New York federal court alleging it charged high fees, mismanaged the administration of one of its money market funds, and failed to act in the best interests of the fund's shareholders.
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October 28, 2024
Boston Pizzeria Owner Gets Over 8 Years In Forced Labor Row
A Massachusetts federal judge sentenced the owner of a Boston pizzeria to 8½ years in prison after a jury in June convicted him for using physical abuse and threats of violence and deportation to control hourly foreign workers who lacked work authorization.
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October 28, 2024
Moderna Brass Hit With Investor Suit Over RSV Shot Claims
Officers and directors of Moderna face shareholder derivative allegations that they overstated how effective the company's RSV vaccine candidate was as the pharmaceutical giant sought regulatory permission to expedite its development.
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October 28, 2024
Mass. Court's Wiretap Ruling May Be Bad Omen For Plaintiffs
A ruling by the Massachusetts high court rejecting wiretap claims over website operators' use of tracking software like Meta Pixel and Google Analytics shows the steep climb plaintiffs may continue to face as they try to apply older laws to modern technologies, experts told Law360.
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October 28, 2024
AbbVie Paying $1.4B For Alzheimer's-Focused Biotech
AbbVie said Monday it will acquire Aliada Therapeutics, a biotechnology company working on therapies to treat central nervous system diseases including Alzheimer's disease, for $1.4 billion in cash.
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October 28, 2024
Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid
A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.
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October 28, 2024
Paul Hastings Adds REIT Partners In Boston, Chicago
Paul Hastings LLP announced Monday that a pair of experienced real estate attorneys who have worked on some of the industry's largest initial public offerings have joined its Boston and Chicago offices as partners — additions the firm said are part of a strategic focus on capital markets.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
Inari Wins Bid To Kill Plant Gene Patent At PTAB
A Massachusetts-based plant breeding startup was able to show that a patent owned by a unit of a DowDuPont spin-off covering a plant gene resistant to weed killers wasn't patentable, the Patent Trial and Appeal Board has found.
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October 25, 2024
Vidal Warned Of 'Heightened' Burden, 'Loophole' In Seed Fight
Two new petitions in front of the U.S. Patent and Trademark Office director say the patent administrative board created "a heightened new standard" in one instance and a trade secrets "loophole" in another in order to protect patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
Feds Seek 6½ Years For Ex-Takeda Worker Over Invoice Fraud
Federal prosecutors in Boston want a former senior Takeda Pharmaceutical Co. employee jailed for 6½ years for the complex scam she pulled off with her boyfriend that raked in millions of dollars through fake invoices, according to a Friday filing.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
Mass. Panel Flips Teacher's Tenure Denial Over Family Leave
Massachusetts' intermediate-level appeals court on Friday invalidated an arbitrator's denial of tenure to a teacher who took maternity leave during one of her first three years of teaching, ruling that the decision had wrongly penalized her for taking the protected time away from work.
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October 25, 2024
Brother Of 'Office' Star Can't Use Mass. Property For Events
The older brother of "The Office" actor-director John Krasinski has been slapped with an injunction blocking him from hosting public events on a 10-acre campus he owns in Massachusetts that local officials say violates fire safety, health and building codes.
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October 24, 2024
7th Circ. Doubts Satanic Temple Can Wage Abortion Fight
A Seventh Circuit panel appeared skeptical Thursday that the Satanic Temple had standing to challenge Indiana's near-complete abortion ban, with questioning turning contentious when one judge pointed out that the religious organization would be blocked from providing abortion drugs through telehealth appointments even without the law.
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October 24, 2024
Va. Judge Won't Block Feds' Nonprofit Disclosure Law
A Virginia federal judge on Oct. 24 refused to stop the U.S. Department of the Treasury from enforcing a law that requires nonprofits such as community associations to disclose personal identifying information about their beneficial owners and applicants to a Treasury agency that focuses on stopping financial crimes.
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October 24, 2024
Fenway Food Safety Czar Fired For Flagging Rats, Suit Says
A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.
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October 24, 2024
Dems Urge HHS To Better Protect Wheelchair Users From PE
A pair of Democratic senators is pressing the U.S. Department of Health and Human Services to do more to protect the approximately 5.5 million wheelchair users in the country from private equity "abuses."
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October 24, 2024
Cleary-Led Keurig Buying Ghost Energy For $1B-Plus
Cleary Gottlieb-led Keurig Dr Pepper said Thursday it has agreed to purchase Winston & Strawn LLP-advised energy drink purveyor Ghost in a two-part transaction that will include the upfront purchase of a 60% stake in Ghost for $990 million, followed by the purchase of the remaining 40% stake in 2028.
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October 24, 2024
SEC Says German On Hook For $4.6M Tied To Fraud Scheme
The U.S. Securities and Exchange Commission asked a judge on Thursday to reinstate a $3.3 million disgorgement order, plus $1.3 million in interest, against a German national who allegedly received proceeds from a multinational pump-and-dump scheme.
Expert Analysis
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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.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.