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Massachusetts
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April 10, 2025
DraftKings Engineer's Suit Over Parental Leave Narrowed
A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.
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April 10, 2025
Purdue Cleared To Start Ch. 11 Claims Processing Early
A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.
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April 10, 2025
Retired Atty Says Arbitration Demand Is 13 Years Too Late
An 81-year-old retired attorney and director at Goulston & Storrs PC is asking a Massachusetts judge to block an arbitration demand sent nearly 13 years after a court found that's where the case belonged.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Mass. Town's Comparable Sales Rejected By Tax Board
A three-family apartment building in Massachusetts was overvalued by a local assessor by about $40,000, the Massachusetts Appellate Tax Board ruled, saying the owner's argument that the assessed value was greater than fair cash value proved persuasive.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
Car Dealership Magnate To Pay $12M Over Pandemic Loans
Massachusetts car dealership magnate Herb Chambers and several of his companies have agreed to pay $11.8 million to resolve allegations that they falsely certified their eligibility for pandemic-era aid under a U.S. Small Business Administration program, civil prosecutors said on Wednesday.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Boston Pol To Resign After Admitting Kickback Scheme
A Boston city councilor said Tuesday she will resign from her position, after agreeing to plead guilty to using taxpayer funds in a bonus-kickback scheme that involved a secretive $7,000 cash handoff in a City Hall bathroom.
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April 08, 2025
Birkenstock IP Foe Eyes Settlement As Shoemaker Balks
A Massachusetts-based shoemaker locked in an intellectual property battle with Birkenstock asked a federal judge on Tuesday to deny the sandal-making giant's request to push back a scheduled mediation, saying the case is ripe for settlement talks.
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
In Trump Order Against Perkins Coie, GCs See Harm For Cos.
Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."
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April 07, 2025
1st Circ. Won't Pause Block Of Unrelated Country Deportation
The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.
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April 07, 2025
Policy Group Tells 4th Circ. Drug Discount Law Needs Reform
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims
DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
WilmerHale Welcomes Back Ex-Mass. Criminal Chief
WilmerHale announced Monday the addition of a longtime Boston federal prosecutor and former criminal division head, who returns to the firm after leading major prosecutions, including a deadly meningitis outbreak and McKinsey & Co.'s work with Purdue Pharma to market OxyContin.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
Mass. High Court Ponders 'Reasonable' Wear In Lease Dispute
Massachusetts justices on Monday grappled with defining "reasonable" wear and tear on a rental property as they considered whether a property owner can require tenants to have their apartments professionally cleaned when moving out.
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April 04, 2025
Real Estate Recap: 'Gold Card,' ESG, Tokenization
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the latest EB-5 investment rush, the tightrope real estate companies are walking with environmental, social and governance factors, and how tokenization can apply to the real estate sector.
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April 04, 2025
Justices Told To Keep 'Century-Old Status Quo' On Birthright
States, immigrant advocacy groups and expectant mothers urged the U.S. Supreme Court Friday to reject President Donald Trump's bid to restrict nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, arguing that maintaining the long-held understanding of the right won't cause any harm.
Expert Analysis
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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SEC Fine Shows Risks Of Nonpublic Info In X, LinkedIn Posts
The U.S. Securities and Exchange Commission recently announced a settlement with DraftKings over charges arising from posting material nonpublic information on the CEO's social media accounts, highlighting that information posted to company websites and social media sites does not automatically qualify as "publicly disclosed" for purposes of Regulation FD, say attorneys at O'Melveny.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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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.