Massachusetts

  • April 08, 2024

    Catching Up With Delaware's Chancery Court

    Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.

  • April 08, 2024

    Goodwin Adds 5-Atty Tech Team From Cooley In Boston

    A team of five partners in technology and life sciences has left Cooley LLP for Goodwin Procter LLP's Boston office.

  • April 08, 2024

    New Balance, Golden Goose Agree To End 'Dad Shoe' IP Row

    New Balance and rival shoe brand Golden Goose have settled a trademark infringement dispute over a style of chunky "Dad" sneakers sold by the two companies, according to a court filing.

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    Walmart's Self-Checkout Patents Survive BJ's PTAB Attacks

    Retail chain BJ's Wholesale Club was unable to persuade judges on an administrative patent board to knock out any claims from a pair of patents covering a self-checkout app that Walmart's Sam's Club brand is suing the rival over in Florida federal court.

  • April 05, 2024

    Conflicting Stories Wreck Suit Blaming UPS Truck For Crash

    A Massachusetts federal judge has thrown out a man's suit against United Parcel Service Inc. alleging he had a wreck while trying to avoid hitting a UPS truck that was double-parked in the driving lane, with the judge saying the man gave two contradictory versions of the event in his filings.

  • April 05, 2024

    Solar Company Hit With TCPA Suit After $13.8M FTC Fine

    Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.

  • April 05, 2024

    Nixon Peabody Adds 2 Attys From Hinckley Allen In Boston

    A pair of attorneys have jumped to Nixon Peabody LLP in Boston after spending more than a decade working at Hinckley Allen & Snyder LLP.

  • April 05, 2024

    Schneider National Forced Disabled Vet Off Job, Suit Says

    A former office worker for trucking company Schneider National Carriers Inc. says in a lawsuit filed Thursday in Massachusetts state court that the company changed his job description to include a daily yard check that he was unable to perform due to service-related disabilities, failed to provide a reasonable accommodation and then fired him.

  • April 05, 2024

    Firefighters Union's Finance Firm Can't Spike Whistleblower Claim

    A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.

  • April 04, 2024

    DraftKings Beats Bettors' Suit Tied To Damar Hamlin Collapse

    DraftKings on Thursday defeated a proposed class action when a federal judge found that the online sports betting platform followed its own rules after a Monday Night Football game was halted and ultimately canceled due to the collapse of Buffalo Bills safety Damar Hamlin.

  • April 04, 2024

    8 Bronx Men Charged In Brazen 'Wild West' Beer Train Heists

    Eight men are charged with looting thousands of dollars' worth of beer from railyards and distribution sites throughout the Northeast in what prosecutors described as a "Wild West"-like crime spree over a two-year period in which the suspected ringleader is believed to have scouted members on Instagram touting promises of making "100k+ in a month."

  • April 04, 2024

    Real Estate Fraudster Wins 3rd Circ. Bid To Testify

    The real estate agent who helped ex-NFL player Irving Fryar in a scheme to defraud several banks out of $1 million in mortgages was wrongly denied the ability to testify on his own behalf at a hearing over alleged violations of his supervised release, the Third Circuit ruled in a precedential opinion Thursday.

  • April 04, 2024

    MV Realty Abusing Ch. 11 Process, Bankruptcy Court Told

    State prosecutors, federal agencies and consumer advocates have told a Florida bankruptcy judge that MV Realty is using the Chapter 11 process to avoid enforcement and enshrine a set of predatory agreements designed to extract millions in junk fees from homeowners over the next 40 years.

  • April 04, 2024

    Boston Scientific's $3.7B Axonics Buy Under FTC Microscope

    Biomedical engineering company Boston Scientific Corp. on Thursday disclosed that the Federal Trade Commission requested more information on its planned $3.7 billion acquisition of medical technology company Axonics, which will result in a delay in the deal's closing.

  • April 04, 2024

    Mass. Airline Settles With Feds Over Noncompliant Flights

    A small Massachusetts commercial jet operator has agreed to settle a civil complaint by the U.S. government alleging it operated more than 1,000 flights without the required Federal Aviation Administration certifications, according to a filing.

  • April 03, 2024

    Dell Unit Snags $4M In Atty Fees In Computer Module IP Spat

    A Massachusetts federal judge has awarded a little over $4 million in attorney fees to Dell Inc. unit EMC Corp. following its win in decadelong litigation accusing it of infringing nearly a dozen computer module patents, according to a decision unsealed Tuesday.

  • April 03, 2024

    Mass. Justices Leery Of Meta, Google Cookie 'Wiretap' Claims

    Justices on Massachusetts' highest court hinted on Wednesday that they are unlikely to open the door to potentially thousands of privacy lawsuits against website operators over their use of tracking cookies like Meta Pixel and others from Google Analytics, in a closely watched case over whether such trackers violate a state wiretap law.

  • April 03, 2024

    From BigLaw To MLB, Lucchino Recalled As Master Negotiator

    Before he helped build stadiums, lead three Major League Baseball front offices and end the "Curse of the Bambino," Larry Lucchino, who died Tuesday at 78, was a driven, formidable litigator and negotiator with exceptional legal skill, a former Williams & Connolly LLP colleague told Law360.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    1st Circ. Hints Trader Joe's Age Bias Case Fit For Jury

    A pair of First Circuit judges on Wednesday suggested that an 80-year-old former Trader Joe's employee should have gotten the chance to bring her age discrimination claims to trial after she was fired for buying beer for her underage grandson.

  • April 03, 2024

    Casa Systems Files For Ch. 11 With $316M Debt, Plans Sale

    Communications equipment company Casa Systems Inc. filed for Chapter 11 protection in Delaware, with plans to sell its 5G mobile core and RAN business to software company Lumine Group.

  • April 02, 2024

    MV Realty Files Ch. 11 Plan Amid Growing Calls To Toss Case

    MV Realty plans to reorganize in Florida bankruptcy court by firing its brokers and collecting millions in fees from about 34,000 U.S. homeowners over the next 40 years, even as more than a dozen states backed the U.S. Trustee's view that the case is a stall tactic against prosecutors.

  • April 02, 2024

    Theseus Investor Seeks Appraisal After Concentra Merger

    A fund invested in clinical-stage biopharmaceutical company Theseus Pharmaceuticals Inc. has petitioned Delaware's Court of Chancery for an appraisal of the investor's 250,000 shares following Theseus' $4.05 per-share consolidation in February with Concentra Biosciences LLC.

  • April 02, 2024

    Truckers Reach $2.5M Deal On Sleeper Berth Claim

    A transportation company and its subsidiary said they won't challenge a First Circuit ruling that time long-haul truckers spend in sleeper berths is compensable, agreeing to shell out a $2.5 million judgment on top of an already approved $12.5 million deal.

Expert Analysis

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Why Standing Analysis Is Key In Data Breach Mediation

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    Amid a growing wave of data breach class action litigation, recent legal developments show shifting criteria for Article III standing based on an increased risk of future identity theft, meaning parties must integrate assessments of standing into mediation discussions to substantiate their settlement demands in data breach class actions, says Abe Melamed at Signature Resolution.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Series

    Mass. Banking Brief: The Notable Compliance Updates In Q3

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    Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.

  • AGs' Distaste For Food Bill May Signal Other State Issues

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    States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Cos. Must Show Discretion In Public Statements When Sued

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    A recent securities class action ruling in Massachusetts federal court against software company Pegasystems shows that a boilerplate public denial of a lawsuit's merits can form the basis for a claim that the statement was false or misleading, underscoring the need to use discretion when responding to pending claims, say Brian Kearney and Stephen Kastenberg at Ballard Spahr.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

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