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Massachusetts
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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November 18, 2024
Proskauer Atty Is Part Of 'Rich' Harvard Football Tradition
Proskauer bankruptcy partner and longtime Harvard football public address announcer Chad Dale had no experience when he became the voice of the football program 33 years ago, but he followed in his late grandfather's footsteps and received an influential endorsement for the gig from his grieving grandmother.
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November 15, 2024
Real Estate Recap: Industry Leaders Weigh In
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including President-elect Donald Trump's industry pick for Middle East special envoy, a playbook on commercial real estate distress from BigLaw leaders and one KKR exec's optimism for the end of a two-year real estate slump.
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November 15, 2024
FanDuel Dropped From Suit Over MLB Players' NIL Use
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
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November 15, 2024
Now 'Back To Stability,' Mass. US Atty Office Set To Ramp Up
The incoming Trump administration's pick for Massachusetts U.S. attorney has a chance to revive the productivity of an office known for bringing complex and often high-profile cases, veterans of the district say, but new leadership and priorities at the Justice Department leave looming uncertainties.
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November 15, 2024
Coffee Shop Agrees To Stop Using Dior Name After Suit
A Western Massachusetts coffee shop will stop using the name "Café Dior," settling a trademark infringement lawsuit brought by French luxury brand Christian Dior, according to a Friday filing.
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November 15, 2024
Oil Terminal Co. Offers $2M To End Falsified-Inspection Claims
A Gulf Oil successor has offered to pay the state of Connecticut $2 million to settle accusations the company failed to secure new construction permits and spent years fabricating and falsifying inspection reports for existing bulk gasoline terminal tanks along New Haven Harbor in Long Island Sound, court filings show.
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November 15, 2024
Orrick Trial Partner Joins Morgan Lewis In Boston
Morgan Lewis & Bockius LLP announced that an experienced litigator from Orrick Herrington & Sutcliffe LLP joined the firm's Boston office as a partner, enhancing its capacity in areas such as life sciences and regulatory compliance.
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November 15, 2024
Pharma Biz To Pay $47M To Settle Feds' Kickback Claims
A Florida pharmaceutical company and its chief executive have agreed to pay $47 million to settle claims that their practice of paying for certain patient tests crossed the line into being an illegal kickback to increase prescriptions of an enzyme replacement therapy, Boston federal prosecutors said on Friday.
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November 14, 2024
McDonald's Vendor Says Partner Owes Him $6M Over Ice-Out
A longtime property management vendor for McDonald's Corp. is accusing a business partner of pushing him out of their company just as it was poised to triple the number of sites it would maintain for the fast-food chain, in a $6 million lawsuit filed Thursday in Massachusetts state court.
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November 14, 2024
47 AGs Support FCC's Robocall Database Reforms
A bipartisan coalition of 47 attorneys general encouraged the Federal Communications Commission to implement new rules aimed at improving the effectiveness of the Robocall Mitigation Database, or RMD, writing in a comment letter that the database is "currently one of the most important sources of information available for anti-robocall enforcement actions."
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November 14, 2024
Ex-US Atty Hops To Foley Hoag In Boston From Verrill Dana
Foley Hoag LLP has expanded its white collar group with the addition of former U.S. attorney David Lazarus, who got "bit by the prosecution bug" when he found himself in the back of an unmarked observation van during a law school internship.
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November 14, 2024
Duo Charged With Hacking Tax Firms In Refund Fraud Scheme
Boston federal prosecutors have unsealed charges against two men who allegedly used information hacked and stolen from Massachusetts tax preparation firms to pocket more than $1.3 million from fraudulent tax returns.
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November 14, 2024
Mass. Justices Open Show-Cause Hearings In Brothel Case
Massachusetts' highest court said Thursday that the public may access hearings that will determine whether criminal charges will be brought against as-yet unidentified customers of a high-end brothel, a group that potentially includes public officials, corporate executives and individuals with security clearances.
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November 13, 2024
Jury Backs Some Claims In Inline Plastics Patent, Axes Others
A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute.
Expert Analysis
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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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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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 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.