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Massachusetts
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June 11, 2024
Foley & Lardner Accused Of Underpaying Recruiter
A legal recruiter accused Foley & Lardner LLP in a Massachusetts state court lawsuit of taking advantage of a 13-year-old contract to pay it a "woefully insufficient" fee for helping to lure a multimillion-dollar partner from another firm earlier this year.
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June 11, 2024
ArentFox Adds 17-Person Team From Burns & Levinson
A few months after adding a four-partner automotive team from Burns & Levinson LLP, ArentFox Schiff LLP on Tuesday announced the addition of 17 more attorneys and professionals from the firm with experience ranging from intellectual property matters to business litigation.
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June 11, 2024
Research Org, Ex-Workers Agree To End Retirement Fee Fight
A research and development nonprofit agreed to settle a class action alleging it mismanaged its $3.5 billion employee retirement plans by allowing them to pay excessive administrative fees, according to a filing Tuesday in Massachusetts federal court.
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
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June 11, 2024
Pepsi Bottling Partner Hit With Pollutant Lawsuit In Mass.
A Massachusetts environmental advocacy group has followed through on plans to sue a bottler of Pepsi products over alleged violations of the Clean Water Act, but a lawyer for the Conservation Law Foundation says the organization is "optimistic" it will be able to resolve the issue.
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June 10, 2024
'Wicked Smart' Justice Sworn In To Mass. High Court
If there's one thing that makes Supreme Judicial Court Justice Gabrielle Wolohojian uncomfortable, it's praise, former WilmerHale partner Peter Macdonald told an audience of hundreds of the jurist's colleagues, friends and family during a ceremonial swearing-in Monday evening.
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June 10, 2024
Mass. House Omits Local-Option Tax From $6B Housing Bill
A proposal by Massachusetts Gov. Maura Healey to allow local-option transfer fees on high-value real estate sales was left out of a housing package worth more than $6 billion passed by the state House of Representatives.
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June 10, 2024
Parexel Says Staffing Firm Liable For Temp's Alleged Fraud
Clinical research company Parexel International says a Boston-based staffing agency is liable for damages caused by a rogue temporary employee who engaged in "egregious fraud" involving multiple drug trials, according to a complaint filed in Massachusetts state court.
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June 10, 2024
Kirkland Faces Class Claims Over Breach Of File Transfer Tool
A proposed class of victims of a data breach has sued Kirkland & Ellis LLP and various other entities in a Massachusetts federal court, accusing them of failing to "properly secure and safeguard [the] plaintiff's and other similarly situated individuals' private information" in the lead-up to the massive 2023 MOVEit data breach.
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June 10, 2024
Duane Morris Rehires Employment Partner From Cooley
A labor and employment attorney who spent nearly two decades at Duane Morris LLP has rejoined the firm after working at Cooley LLP the past few years.
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June 10, 2024
Medical-Aesthetic Device Rivals Set For Sept. Poaching Trial
A Boston federal judge on Monday scheduled a post-Labor Day jury trial for medical-aesthetic device company Cynosure's $78 million poaching lawsuit against rival Reveal Lasers, urging the parties to streamline their exhibits and damages claims.
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June 10, 2024
Mass. Nursing Home To Pay Record $4M Over Neglect Claims
A Massachusetts nursing home operator has agreed to pay a total of $4 million and hire an independent monitor to settle allegations that understaffing at its 16 facilities led to substandard care and patients being harmed, the attorney general’s office announced Monday. Next Step Healthcare LLC has agreed pay $750,000 directly to the state and dedicate the remaining $3.25 million toward increasing staffing levels.
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June 07, 2024
Real Estate Authority: EPA's Brownfield Funding Surge
Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.
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June 07, 2024
Goodwin, Cooley Lead J&J-Backed Neurological Firm's IPO
Johnson & Johnson-backed neurological firm Rapport Therapeutics Inc. rallied in debut trading Friday after it completed a $136 million initial public offering within its price range, guided by Goodwin Procter LLP and underwriters counsel Cooley LLP.
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June 07, 2024
Thomson Reuters Fired Worker For Anti-BLM Posts, Suit Says
A former Thomson Reuters data scientist says he was fired after complaining about an allegedly racially hostile work environment toward white people, including the removal of his posts criticizing the Black Lives Matter movement from a company message board.
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June 07, 2024
Ex-Mass. Town Official Charged With Defrauding Pot Investors
A former elected official in a Massachusetts town has been charged with raising nearly $500,000 from investors in two cannabis businesses he was starting, then using the funds to pay off debts from prior businesses, federal prosecutors announced Friday.
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June 07, 2024
Uber Can Arbitrate With Paralyzed Rider, Mass. Justices Rule
Massachusetts' highest court on Friday ruled Uber Technologies Inc. had made its terms of service clear enough to move a paralyzed rider's case to arbitration, despite a dissent from one justice who said the company should spell out the rights that riders surrender when they hail a car.
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June 07, 2024
Cozen Adds Eckert Seamans Employment Pro In Boston
Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way.
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June 06, 2024
9th Circ. Tells Insurer To Cover Teen's Treatment Center Stay
The Ninth Circuit has upheld a Massachusetts mother's win in her fight to get her insurer to cover behavioral health treatment for her son, ruling Thursday that a Washington federal judge was correct to order the insurer to cover her son's 14-month stay in a residential treatment center.
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June 06, 2024
AT&T Says Pension De-Risking Move Expressly Allowed
AT&T is trying to ditch two suits by retirees who claimed the telecom giant put their savings at risk by transferring pension obligations to an annuity provider, arguing that the retirees were attempting to "attach fiduciary liability to a non-fiduciary decision."
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June 06, 2024
Mass. AG Asks State High Court To Affirm Housing Law
Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.
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June 06, 2024
Psychiatrist Gets 99 Months For $19M Billing Fraud Scheme
A psychiatrist who was convicted for a $19 million insurance fraud scheme was sentenced Thursday to 99 months in prison by a Boston federal judge, who found that there was "overwhelming evidence" of the doctor's guilt.
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June 06, 2024
Mass. Pot Regulators Hear Pleas To Address Islands' Shortage
Massachusetts cannabis regulators on Thursday acknowledged they have "some work to do" during a meeting and listening session on Martha's Vineyard, where enforcement of a federal ban on transporting the drug over water is wreaking havoc on the island's supply chain.
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June 05, 2024
CohnReznick Scores Quick Exit In Tax Scheme Suit
A New York federal judge agreed to toss a housing partnership's suit accusing accounting firm CohnReznick LLP of professional negligence and fraud, finding that the district court doesn't have jurisdiction over the dispute.
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June 05, 2024
Dems Urge SEC To Double Down On Climate Enforcement
A group of 38 Democratic lawmakers is urging U.S. Securities and Exchange Commission Chair Gary Gensler to step up enforcement of the agency's existing climate disclosure-related guidance, as the agency faces court challenges to its controversial climate rule.
Expert Analysis
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Challenging Gov't Use Of Nontraditional White Collar Tools
As the government prosecutes white collar cases with an ever-increasing reliance on nontraditional tools — including wiretaps, cooperating witnesses and racketeering charges — defense attorneys must understand how to mount effective defenses against such tools, say Glenn MacKinlay and Dean Elwell at McCarter & English.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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What Affirmative Action Ruling Means For Higher Ed And Cos.
The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.
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DC Circ.'s Perchlorate Ruling Means Regulatory Restart
The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.