Massachusetts

  • November 22, 2024

    1st Circ. Backs Auction For Bankrupt Farmer's Milk Quota

    The First Circuit has affirmed a Puerto Rico regulator's ability to order the sale of a dairy farmer's milk quota despite his pending bankruptcy, ruling the action wasn't blocked by a stay blocking actions that can affect a bankruptcy estate.

  • November 21, 2024

    Judge Suggests 1st Circ. Should Hear Lobster Tracking Case

    A federal judge in Maine on Thursday tossed a case by lobster fishermen suing to keep their fishing routes secret from state observation, but the judge encouraged the lobstermen to appeal the ruling so that a federal appeals court can wade into this "significant" Fourth Amendment dispute.

  • November 21, 2024

    Tenant Class Attys Get $1.1M Fee In Race Bias Suit Deal

    A federal judge awarded a nearly $1.1 million fee to class counsel for housing applicants who accused a tenant screening company of disproportionately excluding Black and Hispanic renters, saying the requested fee was reasonable for the $2.2 million settlement the attorneys struck.

  • November 21, 2024

    EzCater Fostered Discriminatory Workplace, Ex-Workers Say

    Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained.

  • November 21, 2024

    Senate Deal Halts 4 Circuit Court Nominations

    Democrats and Republicans cut a deal Wednesday night to advance district court nominees before the year ends, while dropping four circuit court picks from confirmation efforts, Law360 has confirmed.

  • November 21, 2024

    Bettor Wants Class Cert. In Suit Over DraftKings' Voided Bet

    A man suing DraftKings over a canceled NBA wager he says would have put $150,000 in his pocket has asked an Indiana federal court to certify a class of 99 bettors, including himself, affected by the axed transaction.

  • November 20, 2024

    Prison Phone Cos. Say FCC Reg Fight Belongs In 5th Circ.

    There should have been no lottery to decide where to place an appeal challenging the Federal Communications Commission's new caps on rates charged for prison phone calls — the matter belongs in the Fifth Circuit, a pair of prison phone service providers told the First Circuit.

  • November 20, 2024

    Wells Fargo Must Turn Over E-Docs In TelexFree Litigation

    A Massachusetts magistrate judge on Wednesday ordered Wells Fargo Advisors LLC to hand over electronic files maintained by a compliance manager who investigated potential misconduct by an employee handling accounts of TelexFree associates under investigation in a $3 billion Ponzi scheme.

  • November 20, 2024

    Student Can't Undo Punishment For AI Use, Judge Says

    A Massachusetts federal judge on Wednesday refused to second-guess high school officials who disciplined a student for using a generative artificial intelligence program to write the text and find sources for a history report.

  • November 20, 2024

    Boston Mayor Touts Property Tax Relief Bill Before Panel

    Massachusetts lawmakers should allow Boston to adjust its property tax calculations to stabilize the share borne by residences, mitigating an impending tax hike, and boost a business personal property tax exemption, Boston's mayor told a legislative panel Wednesday.

  • November 20, 2024

    Mass. Gov. Nominates 3 To Probate And Family Court

    Massachusetts Gov. Maura Healey on Wednesday nominated three judicial candidates to the state's Probate and Family Court, which handles divorce, child custody, guardianship and estate matters.

  • November 20, 2024

    Mass. Town To Pay $102K To Settle Firefighters' OT Claim

    Nearly 120 firefighters in Brookline, Massachusetts, have agreed to a $101,604 settlement to resolve claims that the town shorted them on overtime calculations, according to a Wednesday filing.

  • November 19, 2024

    HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms

    HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."

  • November 19, 2024

    DC Circ. Wonders Where To Land On Terrorism Liability Claims

    Hypotheticals were flying Tuesday morning at the D.C. Circuit, where a three-judge panel spent more than two hours trying to figure out whether a recent U.S. Supreme Court decision means they need to stop the revival of a suit accusing pharmaceutical companies of funding terrorism in Iraq.

  • November 19, 2024

    Finnish Sports Co. Fights NHL Agent's Bid To Ax $1.2M Suit

    A Finnish sports talent corporation has slammed an NHL agent's bid in Massachusetts federal court to toss its lawsuit over $1.2 million in arbitration awards, saying he has systemically used shell companies to dodge collection of the judgments against him.

  • November 19, 2024

    Ex-US Attorneys See Risks In Working Under Gaetz

    Some prospective U.S. attorneys may think twice about joining the U.S. Department of Justice if Matt Gaetz ends up in charge, veterans of the position told Law360.

  • November 19, 2024

    32 State AGs Urge Congress To Back Kids' Online Safety Bill

    More than 30 state attorneys general urged federal lawmakers to back bipartisan legislation aimed at bolstering youth safety online, writing a letter Monday encouraging Congress to "act to aid our state-level efforts" which included opening investigations and commencing with litigation against social media companies like TikTok and Meta. 

  • November 19, 2024

    1st Circ. Won't Pause Prison Phone Rate Caps

    The First Circuit said it won't stop the Federal Communications Commission from enforcing new caps on rates charged for prison phone calls while service providers challenge the rules in court.

  • November 19, 2024

    Meat Buyer For BJ's Wholesale Says Co. Pushed Him Out

    A former BJ's Wholesale Club Inc. meat buyer who oversaw more than $12 billion in annual sales of beef and lamb for the Massachusetts-based company says he was fired after the retailer refused to accommodate his need to care for his ailing wife, according to a complaint filed on Monday in state court.

  • November 19, 2024

    Mass. Justices Uphold Degree Requirement For Bar Exam

    A Massachusetts man who never attended college or law school won't be allowed to sit for the bar exam despite his decades of pro se experience and legal writing done for an area attorney, the state's high court ruled Tuesday.

  • November 18, 2024

    3M Can't Add DuPont, Others To PFAS Water RICO Fight

    A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.

  • November 18, 2024

    1st Circ. Denies Lizzie Borden House Infringement Claim

    The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.

  • November 18, 2024

    Bain Capital Lands $5.7B For Global Special Situations Fund

    Private equity giant Bain Capital, advised by Ropes & Gray LLP, on Monday announced that it finished fundraising for its second global special situations fund after securing $5.7 billion from investors.

  • November 18, 2024

    Bally's Casino Defeats Suit Over Offsite Robbery of Patron

    A Boston federal judge ruled Monday that a Bally's casino in Rhode Island can't be held liable for the robbery of a patron who was followed out of the premises and attacked 50 miles away at a service plaza in Massachusetts.

  • November 18, 2024

    Walgreens, Grocer Accused Of Flouting Lie Detector Law

    Walgreens and New England supermarket chain Shaw's are violating a Massachusetts law requiring that job applicants be advised that the state does not allow the use of lie detector tests in employment decisions, a pair of proposed class actions filed Monday allege.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Refresher On Witness Testimony In 3 Key Settings

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    The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • Skirting Anti-Kickback Causation Standard Amid Circuit Split

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    Amid the federal circuit court split over the causation standard applicable to False Claims Act cases involving Anti-Kickback Statute violations, which the First Circuit will soon consider in U.S. v. Regeneron, litigators aiming to circumvent the heightened standard should contemplate certain strategies, say Matthew Modafferi and Terence Park at Frier Levitt.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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