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December 05, 2024
IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents
Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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December 05, 2024
Investors Sue Pegasystems In Corporate Espionage Case
Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment.
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December 05, 2024
'Texas Two-Step,' Exec Bonus Bankruptcy Bills Reintroduced
Lawmakers in the U.S. Senate this week renewed efforts to pass two bankruptcy bills that would bolster rights for employees and crack down on the controversial use of so-called Texas two-step bankruptcies.
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December 05, 2024
Boies Tells 1st Circ. Cannabis Precedent Is Outdated
The premises undergirding a 19-year-old U.S. Supreme Court precedent on cannabis policy have changed so dramatically in the intervening years that its holdings no longer apply to the current marijuana landscape, litigator David Boies told a First Circuit panel during oral arguments Thursday.
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December 05, 2024
Disgruntled Dems Move On From Appellate Noms Deal
While some Democrats have gripes about the deal Senate Majority Leader Chuck Schumer made with Republicans before Thanksgiving on judicial confirmations, they grudgingly concede the deal helps them fill as many seats as possible even if it means leaving choice circuit seats for President-elect Donald Trump to fill.
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December 05, 2024
Small Mass. Law Firm Settles Ex-Client's Data Breach Case
A small Massachusetts law firm has settled a proposed class action accusing it of negligence leading to a 2022 data breach, a Boston federal magistrate judge said Thursday.
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December 05, 2024
Insulet Wins $452M In Trade Secret Theft Trial
A Massachusetts federal jury has awarded Insulet Corp. $452 million after concluding that a South Korean company stole its trade secrets for a wearable insulin patch pump, marking one of the largest trade secrets verdicts of the decade.
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December 04, 2024
Withers IP Partners Hop To Sullivan & Worcester
Sullivan & Worcester LLP has said the Boston firm picked up a team of five intellectual property lawyers, including two partners, from Withers who have expertise in filing patents and working on deals for biotech startups.
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December 04, 2024
Solar Co. Targeted By Conn. AG Denies Deceiving Consumers
Bright Planet Solar Inc. has denied the Connecticut attorney general's claims that it lured unsuspecting consumers into signing long-term contracts without adequate consent and performed unauthorized home improvements, telling a court that it acted in concert with "reasonable commercial practices."
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December 04, 2024
Columbia Univ., Publisher Face Suit Over Reading Program
Columbia University Teachers College and the creators and publishers of two widely used reading instructional programs have ignored concerns about their effectiveness for years, leaving many children functionally illiterate, a proposed class action filed Wednesday in Massachusetts state court alleges.
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December 04, 2024
Mass. Justices Probe Extent Of State Immunity In 2 Cases
The Massachusetts high court on Wednesday mulled how far immunity extends for public employees and state agencies, with one justice questioning why the state is proposing that children in foster care should face the same legal standard as prison inmates.
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December 04, 2024
Ex-Tiffany Manufacturing Supervisor Gets Prison For Theft
A former manager at a Tiffany & Co. jewelry factory was sentenced to 59 days in prison Wednesday, after he pled guilty to stealing $1.7 million in gold, silver and platinum from his employer.
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December 04, 2024
Takeda Exec Duped Beau Into $2M Fraud, Jury Told
A Massachusetts man is accusing his wife, a former Takeda Pharmaceuticals vice president, of playing "puppet master" by tricking him into joining a scheme to steal millions from the drug company through fake invoices.
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December 04, 2024
LexShares Must Face Claims In Ex-CEO's Race Bias Suit
Racial discrimination claims by a Black former CEO of litigation financier LexShares Inc. are not time-barred, a Massachusetts federal judge has ruled, though she dismissed claims against the chairman of the company's board and another board member.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Bearing Maker Settles With RTX, Rival In Trade Secrets Case
A Connecticut roller bearing company has settled its lawsuits accusing military supplier RTX and a competitor of misusing trade secrets related to the design of a U.S. military bomb, after earlier delays in reaching an agreement.
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December 03, 2024
4 Mass. State Court Rulings You May Have Missed In Nov.
An age discrimination case was undone by the fine print of an employment agreement, while an "utterly inadequate" document search led to a five-figure sanctions order, among other notable recent decisions in Massachusetts state court.
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December 03, 2024
Robotics Co. Hit With Investor Suit Over Accounting Errors
Investors in supply chain automation company Symbotic on Tuesday accused executives of hiding faulty accounting processes, prompting financial reporting errors that tanked the company's stock when the issues came to light.
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December 03, 2024
Senate Confirms Ex-Public Defender For Mass. Federal Court
The Senate voted 47-45 Monday night to confirm Brian Murphy, a former public defender, as a U.S. district court judge for the District of Massachusetts.
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December 02, 2024
Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK
A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.
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December 02, 2024
Funds Get $30M Payout From SEC's Fight With Fugitive Trader
A Connecticut federal judge has approved a receiver's plan to distribute $30 million to four Oak Management Corp. funds that were among the victims of a former in-house trader who spent a decade defrauding investors and misappropriating $67 million, court records show.
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December 02, 2024
Cargo Facility Merits Property Tax Break, Mass. Justices Told
A property leased from the Massachusetts Port Authority to a for-profit cargo enterprise is exempt from property tax because the facility serves a public purpose, the lessee told the state's highest court Monday, urging reversal of a tax board decision.
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December 02, 2024
NY Doctor To Admit Role In Brain Scan Kickback Scheme
A New York doctor has agreed to plead guilty to taking part in a kickback scheme that allegedly billed insurers approximately $1 million for unnecessary brain scans, Massachusetts federal prosecutors said Monday.
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December 02, 2024
FedEx Wants To Sanction 'Cavalier' Attys Behind OT Litigation
FedEx on Monday asked a Massachusetts federal judge to dismiss one of a handful of overtime lawsuits brought by drivers working for intermediate employers as a sanction to the lawyers for rushing to file the "ocean of claims" to harass it and drain its pockets through endless litigation.
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December 02, 2024
Ex-Parexel Worker Says Vax Rule Lacked 'Informed Consent'
A former employee of clinical research firm Parexel International says the company's COVID-19 vaccine requirement was a breach of contract because she and other workers did not have the option of giving informed consent for what she calls an "experimental medical treatment," according to a lawsuit filed in Massachusetts state court.
Expert Analysis
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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.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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In Terror Case, DC Circ. Must Weigh Justices' Twitter Ruling
When the D.C. Circuit hears oral argument in AstraZeneca UK v. Atchley, how the court interprets the U.S. Supreme Court's 2023 ruling in Twitter v. Taamneh will have a significant impact on future claims brought under the Anti-Terrorism Act and Justice Against Sponsors of Terrorism Act, say attorneys at Lewis Baach.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.