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Massachusetts
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September 26, 2025
Real Estate Recap: EB-5 Evolving, Insurance Impact, $1B Buy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the EB-5 industry amid President Donald Trump's "gold card" investment visa rollout, higher insurance premiums affecting commercial real estate companies, and New York City's first single-asset real estate deal this year to break $1 billion.
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September 26, 2025
States Sue HHS For Order Erasing Gender Ideology In Sex Ed
More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.
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September 26, 2025
Mass. Pot Shop Shareholders Say Investor Trying A Freezeout
A group of shareholders who collectively control approximately 90% of Massachusetts cannabis producer and dispensary chain Atlantic Medicinal Partners Inc. say another investor is trying to steal the business out from under them, according to a complaint filed in state court.
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September 26, 2025
Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.
A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
Mass. Tax Board Cuts $1M Home Value To Sale Price
A Massachusetts home valued at $1 million by a county assessor should have the value lowered to the price the home sold for, the state Appellate Tax Board ruled.Â
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September 26, 2025
Oysters Not Covered By Drug Forfeiture Law, Court Rules
Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
COVID-19 Orders Could Save Embryo Loss Case, Court Hears
Responding to last-minute arguments during a summary judgment hearing, a Connecticut Superior Court judge Thursday ordered attorneys to brief whether COVID-19 executive orders might save a Massachusetts woman's claims that her fertility doctors misplaced or destroyed her frozen embryos.
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September 25, 2025
Unions' Challenge To Trump Resignation Program Tossed
A Massachusetts federal judge shut the door on three unions' suit to block the president's deferred resignation program, saying the groups' challenge belongs before the agencies Congress created to handle federal personnel disputes.
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September 25, 2025
Private Schools Duck Aid-Fixing Conspiracy Claims, For Now
An Illinois federal judge Thursday tossed an antitrust class action accusing 40 private universities and colleges of illegally conspiring to raise net attendance prices by factoring noncustodial parents' financial information into their nonfederal aid eligibility considerations, deeming allegations of an agreement between them as "conclusory and lacking in plausibility."
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September 25, 2025
SmartLabs Accused Of Dodging Rent On Cambridge Lab
Boston-headquartered SmartLabs is facing a lawsuit over millions in unpaid rent owed to the landlord of one of its Cambridge facilities, according to a complaint filed in Massachusetts state court.
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September 25, 2025
In-House Life Sciences Lawyer Joins WilmerHale In Boston
An attorney specializing in the life sciences will be returning to private practice next month after more than nine years as an in-house counsel for several pharmaceutical and biotechnology companies, joining WilmerHale's Boston office.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Team Owner Fights PR Baseball League's Fresh Dismissal Bid
The former owner of a Puerto Rican baseball team told a federal judge this week that the court has already decided it is the proper forum for his antitrust lawsuit, and it should reject the defendant's motion to shift the dispute back to a local venue.
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September 24, 2025
Swimmers Want Re-Do In Title IX Suit Over Trans Competitor
Three swimmers suing over the participation of a transgender woman in a college meet are asking a Massachusetts federal judge to reinstate the Ivy League and Harvard University as defendants in their Title IX complaint.
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September 24, 2025
AGs Slam Capital One's $425M Deal As Unfair To Consumers
New York Attorney General Letitia James and 17 other attorneys general are opposing a proposed $425 million settlement between Capital One and a putative consumer class alleging the bank deceptively advertised its 360 Savings accounts, telling a Virginia federal court the deal "fails to adequately redress" the harms caused by the scheme.
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September 24, 2025
Data Storage Provider Reaches Deal To End 401(k) Suit
An information storage and management provider and 401(k) plan participants who claimed the company mismanaged their retirement savings have agreed to end their court battle, according to a filing in Massachusetts federal court.
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September 24, 2025
Ex-Mass. Judge Fined For Giving Dad $450/Hour Role In Case
A now-former Massachusetts Probate and Family Court justice will pay a $4,000 civil penalty for appointing his father to a $450 an hour special master role in a divorce case, the State Ethics Commission said.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Mass. Turnpike Bid Dispute Squashed As Applegreen Exits
Blackstone Inc.-backed convenience store chain Applegreen has withdrawn a bid to rebuild and operate service plazas along the Massachusetts Turnpike and other highways, mooting a lawsuit by current plaza operator Global Partners, lawyers told a state court judge on Wednesday.
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September 24, 2025
PE-Focused Debt Finance Pro Boosts Cooley's Boston Office
Cooley LLP has grown its debt finance practice in Boston with the addition of a Choate Hall & Stewart LLP attorney.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
1st Circ. Calls BIA's Handling Of Late Filing 'Troubling'
The First Circuit on Monday faulted the Board of Immigration Appeals for refusing to consider a Guatemalan asylum applicant's appeal brief that was inadvertently filed in the wrong forum, finding the decision "troubling," and saying the BIA abused its discretion by not offering an explanation.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
Expert Analysis
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Fed. Circ. Rulings Refine Patent Claim Construction Standards
Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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RI Menopause Law Brings New Considerations For Employers
Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.