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Massachusetts
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October 01, 2024
Amex Sued By Merchants Over 'Anti-Steering' Rule
American Express violates federal antitrust laws by effectively preventing nearly all businesses that accept credit cards from incentivizing customers to use other cards with lower fees, a proposed class action alleges.
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October 01, 2024
Steward Can't Be Forced To Reassign Contract In Ch. 11
While a government contractor was within its rights to end a subcontracting agreement with embattled hospital group Steward Health, the Bankruptcy Code's provisions for assignment of contracts mean the debtor can't be compelled to reassign the agreement while in Chapter 11, a Texas bankruptcy judge said Tuesday.
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October 01, 2024
Rancher Wins Claim That Border Wall Halt Hurt Environment
An Arizona rancher has won his lawsuit claiming the Biden administration violated federal environmental law by failing to analyze how stopping construction on a border wall between the U.S. and Mexico and terminating a program that returned migrants to Mexico would impact the area.
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October 01, 2024
Mass. Hospital To Pay Up To $6.5M In Sober Home Scheme
A Massachusetts behavioral health hospital will pay up to $6.5 million to resolve claims it illegally steered Medicare and Medicaid patients to its outpatient substance abuse programs with a promise of free sober home housing, according to a settlement announced Tuesday.
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October 01, 2024
When The Client Is The Mayor, The Usual Rules Don't Apply
Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.
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October 01, 2024
Nostrum Labs Hits Ch. 11 A Year After Medicaid Settlement
Nostrum Laboratories, a New Jersey drugmaker that paid millions to settle allegations that it underpaid Medicaid drug rebates for its bladder infection drug after it hiked the price more than 400%, filed for Chapter 11 protection with nearly $68.3 million in debt.
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September 30, 2024
FTC's Amazon Monopolization Suit Partly Tossed, For Now
A Washington federal judge on Monday agreed to trim the Federal Trade Commission's landmark monopolization case against Amazon and split the trial into two parts, although the order itself remains sealed, according to an entry on the case docket.
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September 30, 2024
SEC Scores Win In $18M Crypto Registration Suit
The U.S. Securities and Exchange Commission was granted an early win Monday in a case alleging that a startup founder illegally sold $18 million in cryptocurrency tokens, after a federal judge said it was "undisputed" that the founder knew that he hadn't registered the tokens.
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September 30, 2024
Hub Hires: Ropes & Gray, McCarter & English, DLA Piper
Just as the leaves are starting to change, so are the roles of some of Boston's top legal talent, including attorneys leaving the dissolving Burns & Levinson and a big change atop the Massachusetts Appeals Court.
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September 30, 2024
McCarter & English Adds 10 Attys From Burns & Levinson
McCarter & English LLP has picked up 10 attorneys in Boston working in trust and estates, real estate and business litigation from Burns & Levinson, which announced last week that it is shutting down.
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September 30, 2024
Medical Device Co. Wins $25M Verdict In Poaching Trial
Medical device company Cynosure has won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.
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September 30, 2024
Steward Health CEO Sues Senate Panel After Contempt Vote
The outgoing CEO of embattled Steward Health Care on Monday sued members of Congress who voted earlier this month to hold him in contempt for defying their subpoena to testify at a hearing into the downfall of the bankrupt hospital chain he heads.
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September 27, 2024
1st Circ. Drops Bribery, Reinstates Extortion In Casino Case
The First Circuit on Friday reversed both convictions and acquittals in a high-profile bribery and extortion case involving a Rhode Island architect and a Massachusetts tribal official who had been found guilty of a quid pro quo exchange of pricey gifts related to a valuable design contract on the tribe's $1 billion casino development.
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September 27, 2024
Real Estate Recap: Loving Or Leaving The Law Office
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways from a new survey of BigLaw firms that have either renovated their office or relocated entirely.
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September 27, 2024
SEC Says Ex-Chewy Exec Inside Traded On Pet Insurer Deal
A former executive at pet supply company Chewy agreed Friday to pay more than $35,000 to settle charges from the U.S. Securities and Exchange Commission that he traded on inside information about the company's plans to announce a deal with a pet insurance company.
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September 27, 2024
Head Of 'High-End Brothel' Network In Mass., Va. Pleads Guilty
A Cambridge, Massachusetts, woman admitted Friday to running a sophisticated network of brothels in greater Boston and northern Virginia that prosecutors have said was patronized by lawyers, politicians, corporate officials and others.
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September 27, 2024
'Varsity Blues' Suit Flips The Script On 'Victim' USC
The University of Southern California could be forced to reveal unseemly details of its admissions process if it can't beat or settle a $75 million suit filed by a private equity executive who blames the school for his being ensnared in the "Varsity Blues" college admissions scandal, experts told Law360.
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September 27, 2024
Ex-Mass. State Sen. Says Conviction By All-White Jury Unfair
A former Massachusetts state senator has said his conviction on pandemic unemployment aid and tax fraud charges should be thrown out in part because the jury was all white.
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September 27, 2024
EPA Will Review Wood Stove Emissions Rules To Settle Lawsuit
The U.S. Environmental Protection Agency agreed to revisit its emissions standards for residential wood-burning stoves, resolving 10 states' D.C. federal court lawsuit accusing it of slacking on its obligation to do so.
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September 27, 2024
Boston-Based Burns & Levinson To Close After Atty Exodus
Burns & Levinson LLP is dissolving in the coming months after a year in which about half of the firm's attorneys departed and merger talks came up short, the firm confirmed to Law360 Pulse Friday.
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September 27, 2024
TelexFree Victims Say Payment Processor Lost Key Emails
Victims of the multibillion-dollar TelexFree Ponzi scheme said a payment processor's loss of critical emails and other files related to the ploy amounts to a "blatant coverup" to hide evidence that would have otherwise bolstered their case against the company.
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September 26, 2024
1st Circ. Won't Disturb Ex-DraftKings Exec's Noncompete
The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.
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September 26, 2024
Sen. Warren Presses OCC, Fed For Tighter Leash On NYCB
Sen. Elizabeth Warren, D-Mass., demanded Wednesday that federal regulators slap New York Community Bancorp with a higher minimum capital requirement, calling out what she alleges has been lax oversight of the bank.
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September 26, 2024
SEC Fines DraftKings $200K Over CEO's Social Media Blasts
DraftKings agreed to pay a $200,000 fine to resolve U.S. Securities and Exchange Commission administrative charges that the online sports betting platform shared nonpublic sales growth information with some of its investors through its CEO's social media without disclosing the information to all investors, the agency said Thursday.
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September 26, 2024
Behavioral Health Exec Pleads Guilty To Medical Billing Fraud
The chief executive of a behavioral health company on Thursday admitted to directing employees to bill Medicare and Medicaid for extra psychotherapy sessions that never took place.
Expert Analysis
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Opinion
Aviation Watch: Not All Airline Mergers Hurt The Public
The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.