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Massachusetts
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May 06, 2025
Sidley Adds WilmerHale's Ex-Corp. Chair As Partner In Boston
Sidley Austin LLP has hired two partners from WilmerHale for its emerging companies and venture capital group and capital markets practice.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
20 AGs Sue To Stop 'Illegal Dismantling' Of HHS
Twenty attorneys general sued the Trump administration Monday in Rhode Island federal court alleging that massive cuts to the U.S. Department of Health and Human Services violate the Constitution and usurp congressional authority.
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May 05, 2025
Liberty Wants Uber Rider, Employer To Cover Cyclist's Claim
Liberty Mutual's surplus lines unit says an Uber rider and his then-employer, Boston-based developer Beacon Communities, are liable for a claim the insurer paid out to a cyclist who was "doored" as the passenger got out near his office in 2023.
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May 05, 2025
12-Lawyer Pond North Toxic Tort Team Joins Lewis Brisbois
Lewis Brisbois Brisgaard & Smith LLP has absorbed 12-lawyer product liability and toxic tort boutique Pond North LLP, the law firm announced Monday.
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."Â
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May 05, 2025
Mass. Justices Eye Potential Bias In Police Use Of Snapchat
Justices on Massachusetts' highest court Monday pressed a county prosecutor over a police department's use of a fictitious non-white "bitmoji" and name on Snapchat to target suspected gang members in the city of Lowell, in the latest legal challenge to law enforcement's use of social media surveillance.
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May 05, 2025
Mass. Assisted Living Facility Settles Class Suit Over Fees
A Massachusetts assisted living facility has settled claims by a group of low-income, elderly residents that they were charged an illegal "ancillary fee" that depleted much of their monthly allowances.
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May 05, 2025
Supreme Court Won't Review Mass. Wind Farm Permits
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off the Massachusetts coast, rejecting allegations that the go-ahead ignored the risks the project poses to the commercial fishing industry.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
Dems Urge Fed To Rethink $35B Capital One-Discover Deal
Democratic Sen. Elizabeth Warren of Massachusetts and Rep. Maxine Waters, D-Calif., have formally petitioned the Federal Reserve to pause and revisit its approval of Capital One's $35 billion acquisition of Discover, saying the central bank's analysis of the transaction had glaring gaps that make its conclusion legally unsustainable.
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case
A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
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May 02, 2025
Trooper Guilty On Most Counts In Driver's License Scheme
A former Massachusetts State Police trooper was convicted Friday on most counts in a case alleging he accepted bribes in exchange for giving passing scores on commercial driver's license exams.
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May 02, 2025
X Reneged On Severance Promises, Laid-Off Mass. Workers Say
Six former Twitter employees in Massachusetts who were laid off after Elon Musk purchased and downsized the social networking giant say the company, now called X Corp., broke its promises to pay out severance in line with what was offered before Musk's takeover.
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May 02, 2025
Mass. Board Knocks $36K Off Senior Condo's Tax Valuation
A Massachusetts senior condominium unit was overvalued by $36,000, the state Appellate Tax Board ruled in an opinion released Friday, saying the owner's comparable sales analysis showed the property's valuation was inconsistent with the other properties.
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May 02, 2025
Debevoise Guides Ara Partners On $800M Low-Carbon Fund
Ara Partners has raised more than $800 million for its first infrastructure fund, aimed at cutting carbon emissions from the industrial economy, with legal guidance from Debevoise & Plimpton LLP.
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May 02, 2025
Contractors Settle Mass. AG's YMCA Asbestos Claims
The Massachusetts Attorney General's Office said Friday that two contractors will pay $150,000 each to settle claims that their faulty asbestos removal at a YMCA might have exposed schoolchildren, building residents and staff to carcinogenic particles.
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
Mass. Board Upholds Home's Valuation Despite Comparables
A Massachusetts homeowner cannot have the value of her home lowered after failing to account for the differences between her home and the comparable sales she provided, the state tax appeals board said in a ruling released Friday.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot
A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.
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May 01, 2025
Zipcar, Garage Not Liable For Injuries To Driver Returning Car
Massachusetts-based car sharing company Zipcar and the owner of a public parking garage are not liable for injuries suffered by a college student who was struck by a drunken driver while dropping off a car back in 2017, an intermediate appellate court concluded Thursday.
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May 01, 2025
Mammogram Provider Facing Wave Of Data Breach Suits
Seven patients of a mobile mammography business have each filed class actions in recent days following the company's disclosure that personal and health information for more than 350,000 patients was impacted by a data breach seven months ago.
Expert Analysis
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.