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Massachusetts

  • May 09, 2025

    Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.

  • May 09, 2025

    Gov't Fights Latest Challenge To Worker Resignation Offer

    A Massachusetts federal judge should toss a renewed challenge to the Trump administration's resignation incentive program for the same reasons he tossed it before, the government argued, saying the union-brought challenge is doomed because of standing issues and because it belongs before an agency, not a federal judge.

  • May 09, 2025

    States Sue To Nullify Trump's Energy Emergency Order

    States led by Washington and California on Friday challenged President Donald Trump's declaration of a national energy emergency, arguing in a lawsuit that one of his executive orders exceeds presidential authority and directs federal agencies to unlawfully speed up permitting of fossil fuel projects.

  • May 09, 2025

    X Paying Millions In Severance Arbitration Losses, Atty Says

    X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Insulet Seeks $30M In Atty Fees, Costs After Trade Secret Win

    After winning a nearly $60 million judgment in a trade secrets lawsuit against South Korean company EOFlow Co. Ltd., medical device company Insulet Corp. has told a Massachusetts federal judge that it should be granted a little over $30 million in attorney fees and litigation costs in light of the rival's "remarkable" misappropriation of its technology for a wearable insulin patch pump.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling

    Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.

  • May 09, 2025

    Tufts Student Wins Bail As Judge Cites Free-Speech Concerns

    A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Solicitor General Urges Justices To Let Immigrant Parole End

    Solicitor General D. John Sauer on Thursday urged the Supreme Court to halt a Boston federal judge's order blocking the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela.

  • May 08, 2025

    Nike, Patent Owner End Dispute Over Sports Bra Pockets

    Nike Inc. has resolved its dispute with a patent owner that accused the sportswear giant of infringing a patent with a sports bra that has built-in pockets, according to a filing in Massachusetts federal court.

  • May 08, 2025

    Wayfair Beats Software Engineer's Age Bias Suit

    A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

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