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Massachusetts
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May 29, 2024
3 More Burns & Levinson Attys Join Blank Rome In Boston
Less than one month after Blank Rome LLP announced it had opened its Boston office with 25 corporate and finance attorneys from Burns & Levinson LLP, another three Burns & Levinson partners have joined the firm.
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May 29, 2024
Womble Bond Adds Veteran Energy Transaction Atty In Mass.
An experienced corporate transactional attorney has moved stateside from Thailand to join Womble Bond Dickinson in Boston.
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May 29, 2024
Whistleblower Counsel Can't Get 'Exorbitant' $11.5M Fee
A Boston federal judge slashed an "exorbitant" $11.5 million fee request made by counsel for a False Claims Act whistleblower in a case involving lab testing company Fresenius Medical Care, hammering the attorneys for inflated hourly rates, inflated time entries and a host of questionable billing practices.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Beauty School Deserved Review Of License Loss, Panel Says
A Massachusetts esthetics and massage trade school that shut down earlier this year was entitled to a hearing before the state's Division of Occupational Licensure pulled its license over concerns about its financial stability, an intermediate level state appeals court found on Tuesday, reinstating several claims by Elizabeth Grady Face First against state regulators.
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May 28, 2024
Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit
The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.
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May 28, 2024
FTX Exec Who Acted As Bankman-Fried 'Tool' Gets 7½ Years
A Manhattan federal judge hit cryptocurrency finance expert and former FTX executive Ryan Salame with a 7½-year sentence Tuesday for duping a bank to authorize $1.5 billion of illegal transfers and making fraudulent campaign contributions for the exchange's convicted founder, Sam Bankman-Fried.
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May 28, 2024
GE General Counsel Mike Holston Heading To Paul Weiss
The general counsel who navigated General Electric Co. through its recent split into three companies is becoming a partner at Paul Weiss Rifkind Wharton & Garrison LLP on Oct. 1, where he looks forward to taking on corporate crises and maybe even a pro bono death penalty case.
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May 24, 2024
Food Supplier Says Exec Raided Files, Jumped to Competitor
A senior sales executive at a Massachusetts food distributor spent his final days with the company slipping in after hours and on weekends to print out and photocopy customer records and other trade secrets, before jumping to a direct competitor, according to a lawsuit filed in state court.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says
A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.
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May 24, 2024
Biden Urges 1st Circ. To Find Debt Cap Challenge Moot
The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.
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May 24, 2024
DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told
A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.
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May 23, 2024
Ex-Physical Therapy Clinics Owner Gets 2 Yrs. In Billing Scam
The former owner of eight physical therapy clinics in the Boston area was sentenced Thursday in Massachusetts federal court to just over two years in prison for a years-long scheme to bill insurance companies for nonexistent treatments, including for himself.
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May 23, 2024
Resignation Letter Bylaws Targeted In Five Del. Class Actions
General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.
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May 23, 2024
22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule
A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.
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May 23, 2024
White House Says 1st Circ. Judge Didn't Aid Daughter's Nom
The White House said Thursday that a First Circuit judge played no part in his daughter's nomination to the appeals court, and plans to retire if she's confirmed.
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May 23, 2024
Estate Sues Hanover For $13.4M Judgment In Death Suit
The Hanover Insurance Group has refused to pay a judgment of nearly $13.4 million to the family of a man who died in the care of a Connecticut group home, according to a lawsuit in state court.
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May 23, 2024
Senate Democrats Join GOP To Kill Bipartisan Border Bill
The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.
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May 23, 2024
Biden Names Judicial Nominees For 1st, 6th Circuits
President Joe Biden announced four new judicial nominees on Thursday, including picks for the First Circuit and the Sixth Circuit.
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May 22, 2024
EasyPay Agrees To Exit Mass. In 'Rent-A-Bank' Settlement
EasyPay, an alternative finance company, has settled with Massachusetts officials over claims that it gouged Bay State borrowers with predatory loans issued through an out-of-state bank, agreeing to pay $625,000 to consumers and stop doing business in the state as part of a deal unveiled Wednesday.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
1st Circ. Affirms UBS Win In Puerto Rico Pension Fight
The First Circuit said public pensioners in Puerto Rico can't advance their claims that UBS Financial Services illegally underwrote $3 billion in bonds, ruling that the island's financial restructuring plan transferred the right to those claims to a special committee.
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May 22, 2024
Boies Urges Judge To Rethink Precedential Cannabis Case
Attorney David Boies, representing a group of cannabis companies challenging federal marijuana prohibition, told a Massachusetts federal judge Wednesday that his clients' case should proceed because a U.S. Supreme Court case governing marijuana policy is out of date.
Expert Analysis
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Opinion
Anti-Kickback Statute Does Not Require But-For Causation
A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.