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Massachusetts
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
RI Urges 1st Circ. Not To Remand Pot Residency Rule Fight
Rhode Island's cannabis regulator on Thursday urged the First Circuit not to remand a dismissed challenge to the state's marijuana licensing program, accusing the Florida entrepreneur who made that bid of attempting an "end-run around the appellate process."
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May 08, 2025
Cooley Adds VC Partner In Boston To Startup Practice
Cooley LLP has brought on a veteran emerging companies and venture capital attorney in Boston, deepening its bench in one of the country's most competitive innovation hubs.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule
Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.
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May 07, 2025
Judge Warns Feds Impending Libya Flights Would Defy Order
The federal government's reported plan to imminently deport migrants to Libya "would clearly violate" a court order requiring that the U.S. Department of Homeland Security provide due process protections for immigrants facing deportation to countries where they have no prior ties, a Massachusetts federal judge ruled Wednesday.
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May 07, 2025
CVS Hid Prescription Discounts From Medicaid, States Allege
CVS failed to disclose to state Medicaid programs that it was offering discounts on prescriptions to cash-paying customers, violating regulations aimed at assuring that government insurance programs pay the lowest possible price for drugs, the attorneys general of four states said in a complaint unsealed Wednesday.
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May 07, 2025
Feds Seek Ax Of Haiti, Venezuela TPS Vacatur Challenge
The Trump administration has called on a Massachusetts federal judge to dismiss litigation brought by immigrants from Haiti and Venezuela seeking to block the government from vacating their temporary protected status, saying the court lacks jurisdiction over their claims.
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May 07, 2025
Insulet Pursues EOFlow's Finances After $60M Ruling
A Massachusetts federal judge has ordered a Korean wearable insulin patch maker to respond to discovery requests as Insulet Corp. looks to collect a nearly $60 million trade secrets judgment, including information concerning an ongoing arbitration with Medtronic PLC stemming from a nixed acquisition deal.
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May 07, 2025
Mass. Justices Skeptical Of Ex-Senator's Immunity Claim
Justices on Massachusetts' highest court appeared skeptical Wednesday of arguments by a former state senator that he has legislative immunity against charges that he made his Statehouse staff work on his reelection campaigns.
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May 07, 2025
Boston Judge Tosses Mastercard Payments Monopoly Claims
Payments giant Mastercard Inc. no longer faces a cross-platform tap & pay mobile wallet company's monopolization claims after a Massachusetts federal judge found, among other things, that Mastercard doesn't actually dominate the relevant market.
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May 07, 2025
Boarding School Not Covered In Sex Abuse Suit, Insurer Says
An insurer for a private boarding school told a Massachusetts federal court it owes no coverage to the school and its former head for a civil lawsuit accusing a former teacher of sexually abusing students, pointing to separate exclusions barring coverage for abuse and known wrongful acts.
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May 07, 2025
Feds Must Return Detained Student To Vt., 2nd Circ. Says
The Second Circuit on Wednesday ordered that detained Tufts University graduate student Rümeysa Öztürk be returned to Vermont from Louisiana while a district court weighs her claims that the government jailed her for expressing pro-Palestinian views.
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May 07, 2025
Mass. Justices May Bless Use Of High Bail To Block Removal
Justices on Massachusetts' highest court appeared reluctant on Wednesday to second-guess a lower court's decision to dramatically increase the bail of a defendant facing imminent deportation solely to keep him in the state for trial.
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May 07, 2025
Orrick Hires Boston Duo For Life Sciences Practice
Orrick Herrington & Sutcliffe LLP has added a pair of life sciences and tech company advisors from Wilson Sonsini Goodrich & Rosati PC as Boston partners, the firm said Wednesday.
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May 07, 2025
Mass. Federal Judges Vote To Extend US Atty's Appointment
Federal judges in Massachusetts have voted to extend U.S. Attorney Leah Foley's tenure as the top federal prosecutor in the state, after her Inauguration Day appointment by the Department of Justice had been slated to elapse, according to a Wednesday filing.
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May 07, 2025
Bimbo Bakeries Accused Of Misclassifying Drivers
A pair of New England drivers who deliver Sara Lee and other branded baked goods said Tuesday in a proposed class action that Bimbo Bakeries violates Massachusetts law by treating them as independent contractors rather than employees.
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May 07, 2025
Payroll Company Hit With Class Action Over Data Breach
A payroll company failed to safeguard personal data and allowed Social Security numbers to be stolen in a hack last year, according to a proposed class action filed in Massachusetts federal court.
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May 06, 2025
Cerence Sues Microsoft Over Text-To-Speech Tech Use
Massachusetts-based artificial intelligence company Cerence Inc. on Tuesday sued Microsoft and a Microsoft subsidiary in Delaware federal court alleging copyright infringement and accusing them of selling licenses to Cerence's text-to-speech technology without permission.
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May 06, 2025
Haemonetics Sues Terumo Over Plasma Tech Patents
A Massachusetts-based developer of blood- and plasma-related medical technology has accused a Colorado-based competitor of infringing four of its plasma collection patents with two variations of a donation system that got approval from the U.S. Food and Drug Administration in 2022 and 2024.
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May 06, 2025
2nd Circ. Suggests Students Can Challenge Detention In Court
A Second Circuit panel on Tuesday voiced doubts about the U.S. Department of Justice's position that immigrant detainees cannot immediately file constitutional challenges in district courts, amid arguments by lawyers for two students that such a policy amounts to suspending the Great Writ.
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May 06, 2025
State Officials Say Ƶ Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
Car Seat Maker Sued Over Faulty Recall, Replacement Parts
Kids' product maker Dorel Juvenile Group Inc. recalled car seats with a headrest cover that posed a choking hazard to young children, then sent customers new parts that do not solve the problem, according to a proposed class action.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.