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Massachusetts
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November 01, 2024
1st Circ. Backs Arena In Bruins Fan's Slip-And-Fall Appeal
Boston's TD Garden should not be held liable for damages from a fan slipping and falling on another fan's spilled drink during a hockey game, a First Circuit panel has ruled in upholding a lower court's summary judgment in favor of the arena and its operator.
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November 01, 2024
Jury To Decide Timing Issue In Insulin Patch Trade Secret Row
A Massachusetts federal judge has refused to trim some allegations in Insulet Corp.'s suit alleging that a South Korean insulin pump patch manufacturer stole trade secrets, while finding that a jury needs to decide when the clock started to tick on a federal trade secrets claim.
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November 01, 2024
Up To $755M Added To AZ Scuttled-Drug Damage Claim In Del.
A stockholder representative for former shareholders of biopharmaceutical company Syntimmune has proposed up to $755 million in additional damages after a Delaware vice chancellor found that an AstraZeneca PLC unit failed to reasonably pursue drug development milestones after acquiring Syntimmune in 2018.
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November 01, 2024
Chinese National Stole Investment Firm's Code, Feds Say
A Chinese national has been indicted on charges he stole trade secrets from his employer, an unnamed global investment management company in Boston, to set up his own firm in China.
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November 01, 2024
4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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October 31, 2024
Berkshire Bank Escapes Claims It Aided $90M Ponzi Scheme
A New York federal judge on Thursday freed Berkshire Bank from a proposed class action that alleged it helped a local businessman's $90 million Ponzi scheme for roughly a decade, saying an investor in a fund central to the scheme didn't show the bank had actual knowledge of the fraud.
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October 31, 2024
IP Forecast: Another Apple Watch Trial Kicks Off In California
Apple and Masimo will face off next week in their long-running feud over whether the tech giant misappropriated Masimo's trade secrets for some of the health-monitoring features used in newer versions of the Apple Watch. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 31, 2024
1st Circ. Urged To Rethink Ruling On Maine Cannabis Grow
The First Circuit should reconsider its decision to allow the prosecution of a Maine marijuana entrepreneur whom the Feds say was operating an illicit grow site, arguing that it's unclear how far a licensed operator can stray from state cannabis law before federal law enforcement can get involved.
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October 31, 2024
Drug Cos. To Pay $49M For State-Led Generic Pricing Claims
A contingent of state-level enforcers reached settlements totaling $49.1 million on Thursday with Heritage Pharmaceuticals Inc. and Apotex Corp. for their alleged part in a wide-ranging conspiracy to inflate the price of generic drugs.
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October 31, 2024
Warren Says DOJ's 'Legal Gymnastics' Let TD Bank Off Easy
U.S. Sen. Elizabeth Warren, D-Mass., pressed Attorney General Merrick Garland on Thursday over what she characterized as a lax settlement agreement for TD Bank earlier this month and the Justice Department's "legal gymnastics" that left top bank executives off the hook.
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October 31, 2024
Purdue Gets More Time For Deal, 'Substantial' Progress Made
Bankrupt OxyContin maker Purdue Pharma LP on Thursday won more time to continue mediating a new settlement with its owners — certain members of the Sackler family — and reported that it is nearing a deal, in a bid to avoid having one of the most complex Chapter 11 cases in U.S. history tumble into a litigation free-for-all.
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October 31, 2024
AI Co. Fires CEO As BigLaw Counsel Probe Revenue Issues
Security tech company Evolv Technology, which last week announced it had brought on Debevoise & Plimpton LLP and Cleary Gottlieb Steen & Hamilton LLP as part of an internal investigation into possible revenue inflation, said Wednesday it has ousted its CEO.
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October 31, 2024
6th Circ. Judge Frets Tech Updates May Stymie Class Actions
Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class action or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.
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October 31, 2024
Rap Promoter Gets 3 Years In Stolen Credit Card Scam
A Chicago-based rap promoter received a nearly three-year prison term for his role in a nationwide scam in which prosecutors say he and four others, including rapper G Herbo, used stolen credit cards for personal luxuries.
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October 31, 2024
Hub Hires: Quinn Emanuel, Barclay Damon, Prince Lobel
October saw a number of Bay State attorneys carve out new roles, with a veteran financial crimes prosecutor jumping to private practice, more Burns & Levinson alums landing on their feet and a pair of biotech firms naming new top attorneys. Here are some of Boston's notable legal moves from the last month.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
Toast Releases Steakhouse Funds Amid Ownership Spat
Restaurant point-of-sale provider Toast has agreed to release more than $312,000 to the current manager of a Brazilian steakhouse in Boston's Seaport District amid litigation stemming from an ownership dispute.
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October 31, 2024
Storage Co. Strikes Deal To End 401(k) Excessive Fee Suit
A storage and information management company has agreed to settle a proposed class action in Massachusetts federal court claiming it caused workers to lose millions in retirement savings by allowing their $650 million plan to be slapped with steep recordkeeping fees.
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October 30, 2024
Mass. AG Seeks To Bar 'NYSE' Crypto Trading Scheme
The Massachusetts attorney general has filed a complaint attempting to shut down a cryptocurrency investment scheme that allegedly uses the acronym of the New York Stock Exchange to dupe its victims.
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October 30, 2024
Ex-Takeda Exec. Gets Nearly 4 Years For Fake Invoice Scam
A former Takeda Pharmaceuticals executive was sentenced Wednesday to 46 months in prison for stealing millions from the drug company through a fake invoice scam that a Boston federal judge characterized as "utterly unnecessary and pointless" and carried out for no other reason than to fund a luxurious lifestyle.
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October 30, 2024
State AGs Ask Congress For Federal Price-Gouging Ban
Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.
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October 30, 2024
Crypto Platform Founder Pleads Guilty To Illegal Wash Trading
The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.
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October 30, 2024
Kirkland Leads Berkshire Partners To $7.8B Fund Close
Boston-based private equity shop Berkshire Partners, advised by Kirkland & Ellis LLP, announced on Wednesday that it clinched its largest fund ever after securing $7.8 billion in investor commitments.
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October 30, 2024
Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight
Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.
Expert Analysis
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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A Look At State AGs Supermarket Antitrust Enforcement Push
The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.