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Massachusetts
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December 18, 2024
Bain Seeks Controlling Stake Despite Fuji Soft Rejection
Bain Capital is seeking to execute a tender offer for a controlling stake in Fuji Soft despite the Japanese company's decision to proceed with an alternative buyout offer from KKR, stating in a Wednesday presentation that it has "significant concerns" about a Fuji Soft special committee's independence.
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December 18, 2024
Atty Seeks Grievance Doc's Disclosure In Alleged Abuse Case
A Massachusetts lawyer who filed a grievance alleging that a law professor sexually assaulted her when she was a student has asked a federal court in Brooklyn to order a state attorney grievance committee to make its formal decision in the matter public, arguing the committee violated her First Amendment rights by withholding the records.
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December 18, 2024
1st Circ. Says It Can't Review Revoked Visa Petition
The First Circuit said it lacks the authority to review U.S. Citizenship and Immigration Services' decision to revoke a Brazilian woman's I-140 permanent resident petition after discovering she never worked as a physiotherapist like she claimed.
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December 18, 2024
The Biggest 1st Circ. Rulings Of 2024
The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.
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December 18, 2024
Top Conn. Cases Of 2024: Kickbacks, Paybacks And Bribes
Judges and juries in Connecticut awarded several multimillion-dollar verdicts against companies big and small in 2024, socking Johnson & Johnson in a talc case in which the already substantial damages could multiply and ordering a pharmacy that paid kickbacks to cough up nearly four times the money it cost the state.
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December 17, 2024
Corteva Rips Inari's 'Shrill' Claim Of Sham Seed Patent Suit
Corteva Agriscience LLC has fired back at Inari Agriculture Inc.'s claim that a suit alleging Inari infringes Corteva's seed patents amounts to "objectively baseless" sham litigation, saying its rival is making "shrill assertions" that "cannot be squared" with an earlier ruling in the case.
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December 17, 2024
TelexFree Victims Seek Class Cert. Over Ponzi Losses
Victims of the multibillion-dollar TelexFree Ponzi scheme have asked a federal judge to certify their class in their suit against the litigation's remaining defendants, including TelexFree insiders and Wells Fargo, arguing that cases arising from Ponzi schemes are the "very archetypes for class treatment."
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December 17, 2024
Mass. Judge Apologizes For Slamming Alito Over Flags
A Massachusetts federal judge has apologized for violating ethics rules when he publicly criticized U.S. Supreme Court Justice Samuel Alito in the wake of reports that two flags used by Donald Trump supporters to protest the 2020 election were flown outside Alito's houses.
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December 17, 2024
Laser Maker Loses Bid To Trim Patent Suit In Mass.
A Massachusetts federal judge has shot down laser maker NKT Photonics' bid to dodge allegations it infringed one of the patents asserted in a lawsuit from a company owned by a University of Michigan professor.
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December 17, 2024
AGs Can File Opposition To Clearview AI BIPA Deal
An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.
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December 17, 2024
Fuji Soft Favors KKR Offer Over Higher Bain Bid
Fuji Soft said in a statement Tuesday that it supports a buyout tender offer from U.S. private equity firm KKR that is worth about $4.15 billion and opposes a competing, higher bid from Bain Capital.
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December 17, 2024
Ex-Pol Can't Shake Fraud Rap Over Jury's Racial Makeup
A Massachusetts federal judge denied a Vietnamese-American former state senator's bid to undo his conviction for unlawfully accepting unemployment assistance and filing a false tax return, rejecting claims that jury selection was tainted by "racial animus" on the part of prosecutors.
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December 17, 2024
Former Massachusetts AG Frank Bellotti Dies At 101
Former Massachusetts Attorney General Francis Bellotti, who spent more than a decade as the state's top prosecutor, died Tuesday at 101, his family said.
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December 17, 2024
1st Circ. Revives Bias Case Against Rhode Island Vets Agency
The First Circuit breathed new life into a former Rhode Island official's employment discrimination case, ruling that the evidence could be reasonably interpreted as showing she was terminated due to her gender or sexual orientation.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Mass. Police Arrest 12 In High-End Car Theft Ring Probe
Police in Massachusetts have arrested a dozen people whom state prosecutors accused of stealing $2.6 million worth of high-end automobiles, and seized firearms and other allegedly related evidence, the state attorney general's office announced Monday.
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December 16, 2024
Justices Cite Loper Bright, Remand NLRB Successor Bar Case
The U.S. Supreme Court remanded an NLRB dispute Monday about a Puerto Rico hospital's liability for withdrawing recognition from a union under the agency's successor bar standard, telling the D.C. Circuit to review its deference to the board under Loper Bright.
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December 16, 2024
Mass. Paper To Close, Pay $1.1M To Settle Defamation Case
A Massachusetts mayor said he has settled his defamation claims against the city's local newspaper for a $1.1 million payment and an agreement that the publication will close its doors later this week.
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December 16, 2024
The Biggest Massachusetts High Court Rulings Of 2024
Massachusetts' highest court added two justices this year while taking up several novel legal issues, including one town's effort to phase out the sale of tobacco, a paralyzed Uber rider's fight against arbitration, and a dispute over whether a hospital website's use of tracking cookies violates the state wiretap statute.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
J&J Unit Deemed Family Duties A 'Distraction,' Suit Says
A prosthetics company owned by Johnson & Johnson said an employee returning from parental leave had "distractions outside of work" as it gave him negative performance reviews before firing him, according to a suit filed in Massachusetts federal court Friday.
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December 13, 2024
Mass. Law Wipes Out Pandemic Tuition Case Against Tufts
Tufts University on Friday defeated a putative class action seeking tuition refunds for pandemic closures of the Boston-area school's campus, as a Massachusetts federal judge upheld a state law providing immunity to colleges that shut their doors during the worst of the COVID-19 pandemic.
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December 13, 2024
'Copycat' Nantucket Wine Event Ordered To Issue Retraction
A Massachusetts liquor distributor was ordered Friday by a federal judge to post a bold-type correction and issue press releases retracting claims that it had acquired and "re-branded" a long-running Nantucket wine and food festival.
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December 13, 2024
Mass. Cannabis Biz Gets Receiver Amid $10M In Debt
A Massachusetts judge on Friday agreed to appoint a receiver to oversee either a sale or liquidation of cannabis grower and retailer Revolutionary Clinics, which owes nearly $10 million to its primary lender and thousands more to landlords and other creditors.
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December 13, 2024
Fight Over $40M Discount For Boston Casino Headed To Trial
A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.