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Massachusetts
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July 30, 2024
Boston's Ex-Top Cop Says Abuse Claims Lack Corroboration
A terminated Boston Police commissioner argued to a federal judge Tuesday that he was unconstitutionally denied a public forum to clear his name after the city released a report citing decades-old domestic abuse claims made by his ex-wife.
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July 30, 2024
Mass. Says $30M Funding For Steward Will Fund Quick Sales
The Commonwealth of Massachusetts has told a Texas bankruptcy judge that its agreement to pay $30 million to debtor Steward Health Care is designed to help fund operations at the debtor's struggling hospitals while sales are pursued.
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July 30, 2024
Atty Smuggled Marijuana-Soaked Papers To Inmate, Feds Say
A Massachusetts solo practitioner has been charged with using her status as an attorney to try to smuggle papers soaked in synthetic cannabis to an inmate at a Rhode Island detention center, federal prosecutors announced Tuesday.
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July 30, 2024
Dyson Can't Dispose Of SharkNinja Vacuum Patent Suit
Dyson can't sweep away a patent infringement suit by Massachusetts-based competitor SharkNinja, a federal judge said Tuesday in denying the high-end vacuum maker's motion to dismiss the case.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 30, 2024
Virginia Appeals Court Tosses Record $2B Trade Secrets Verdict
The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying that the trial court made a series of errors on its way to the biggest jury award in state history and that a new trial was warranted.
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July 29, 2024
Genzyme Says Sarepta's Dystrophy Gene Therapy Infringes IP
Sanofi's biotechnology company Genzyme Corp. hauled Sarepta Therapeutics into Delaware federal court on Friday, alleging Sarepta's gene therapy treatment for Duchenne muscular dystrophy infringed two of its patents for manufacturing certain therapeutics.
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July 29, 2024
Commonwealth Financial Attacks SEC's 'Staggering' $93M Win
Commonwealth Financial Network has asked the First Circuit to overturn what it called a "staggering" $93 million penalty it was ordered to pay to the U.S. Securities and Exchange Commission, arguing that its alleged failure to disclose conflicts of interest to investor clients was harmless.
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July 29, 2024
Cardiologist Hits Mass. Hospital With Equal Pay Suit
A cardiologist at Boston's Brigham and Women's Hospital says a less experienced male colleague whom she helped train is being paid $95,000 more, in violation of the Massachusetts Equal Pay Act, according to a lawsuit filed in state court.
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
Foley Hoag Elevates IP Pro To Co-Managing Partner
Foley Hoag LLP has hired a longtime Boston-based senior partner in the intellectual property department as co-managing partner, the firm said Monday.
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July 29, 2024
Boston Equity Official Says She Was Forced Out By Politics
The former deputy director of equity for the city of Boston says she was fired in 2021 in retaliation for advising her boss that it was inappropriate to recommend that employees vote for Michelle Wu in that year's mayoral race, according to a suit filed in state court.
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July 29, 2024
Reebok Rips Shoe Rival's 'Underhanded' Conduct In TM Case
Reebok asked a Massachusetts federal judge to sanction an Italian shoemaker and strike nearly three dozen witnesses who were disclosed at the last minute in a trademark case, the latest claim by the shoe and apparel giant of "underhanded" tactics.
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July 29, 2024
Mich. Man Fights LA Bid To Toss Pot License Lottery Suit
A Michigan man who owns several cannabis retailers is pushing back on a bid by Los Angeles to throw out his suit challenging its social equity license lottery.
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July 29, 2024
Ex-Pharma Exec Seeks Leniency After SEC Contempt Plea
A former pharmaceutical executive is hoping to avoid jail after his use of an alias to circumvent a U.S. Securities and Exchange Commission ban on finance work landed him a criminal contempt conviction, while Boston federal prosecutors are seeking up to 10 months in prison.
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July 26, 2024
State Street Inks $7.5M Deal Over Russia Sanctions Violations
Financial services giant State Street has agreed to pay nearly $7.5 million to resolve apparent violations by its investment management solution subsidiary Charles River Systems Inc. of Obama-era sanctions targeting Russian actions against Ukraine, the U.S. Department of the Treasury announced Friday.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
FTX's Ryan Salame Asks To Delay Prison After Dog Attack
Former FTX executive Ryan Salame on Friday asked a New York federal judge to delay his prison surrender date because he was recently mauled by a German shepherd and must undergo "urgent and necessary medical treatment and surgery."
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July 26, 2024
Shareholder Litigation To Watch: A Midyear Report
A pair of anticipated U.S. Supreme Court arguments, the fate of a new wave of lawsuits against special purpose acquisition companies and the future of shareholder claims of artificial intelligence malfeasance are among the issues that securities practitioners are following as the second half of 2024 unfolds in the courts.
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July 26, 2024
1st Circ. Says Juror's FB Likes Can't Nix Equal Pay Verdict
A female sales representative for a beer and wine distributor can't get a new trial in her equal pay and discrimination suit because a Maine federal court correctly turned down her arguments that a juror was biased, the First Circuit ruled.
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July 26, 2024
Indivior To Pay $86M To Settle Opioid Claims By 5 States
Indivior will pay $86 million to settle claims by a group of state attorneys general over the drugmaker's alleged contributions to the American opioid crisis.
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July 26, 2024
Jam Band Phish Can Seize Bootleg Merch, Judge Says
Jam band Phish has been given the green light by a Boston federal judge to confiscate counterfeit merchandise being sold outside its concerts this summer.
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July 26, 2024
Robinson+Cole Adds Ex-Bose Atty To Mass. Real Estate Team
Robinson+Cole hired Kimberly A. Sigler, the former Bose Corp. assistant general counsel and a company director, as a partner for its real estate group in Boston, the firm announced.
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July 26, 2024
HP Calls Dolby, Philips, Mitsubishi Patent Fees A 'Money Grab'
Computer maker HP Inc. has claimed Dolby Laboratories, Mitsubishi and Philips are attempting a "money grab" by attempting to overcharge on licensing fees for ultra-high-definition streaming patents, according to a complaint filed in Massachusetts state court.
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July 25, 2024
Radiologist Leans On Muldrow At 1st Circ. Bias Arguments
A newly minted First Circuit judge dove enthusiastically into his first oral argument session Thursday, lobbing questions at a Boston medical center and a radiologist who said her discrimination and whistleblower case should be revived in part because of an April U.S. Supreme Court decision.
Expert Analysis
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.