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Ruling provides guidance on Anti-SLAPP motions to dismiss involving contract claims

Judge Davis’s recent denial of an anti-SLAPP motion to dismiss provides helpful guidance on how to distinguish between counterclaims used as solely as a “cudgel” and meritorious claims in breach of contract cases. The ruling also underscores the importance of ...

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Equifax’s proposed protective order for production of confidential data trimmed in favor of Mass AG

In the litigation between Equifax and Massachusetts Office of the Attorney General, Judge Sanders rejected certain provisions of Equifax’s proposed protective order for the production of sensitive discovery materials, including documents about Equifax’s network and cybersecurity program. Equifax moved for ...

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CFPB announces $11M settlement with national jewelry retailer

On January 16, the Consumer Financial Protection Bureau (CFPB)  and the State of New York announced that they had filed a consent order in the U.S. District Court for the Southern District of New York.to settle allegations that a jewelry retailer enrolled customers ...

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Panel discussion on BLS Written Motion Practice: Key takeaways

Last fall, the Social Law Library sponsored a panel discussion entitled Written Motion Practice at the BLS: A Deep Dive on Effective Techniques. The four BLS judges—Judges Davis, Kaplan, Salinger, and Sanders—participated on the panel. Three lawyers also joined the panel:Maureen Mulligan, Peabody ...

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WARN Act damages not subject to Massachusetts Wage Act

Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors seeking payment of unsatisfied indebtedness and judgments. On December 28, 2018, the Massachusetts Supreme Judicial Court (SJC) rendered a significant decision addressing claims of a class ...

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State attorneys general settle with National Bank for $575M Over Auto and Mortgage Lending Practices

On December 28, 2018, the Attorneys General (AGs) of all 50 states and the District of Columbia announced a settlement totaling $575 million with a national bank as the result of a coordinated investigation by the States. The national bank previously entered ...

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Federal Reserve Board settles with Kentucky bank for $4.75 million

On July 26, 2018, the Federal Reserve Board (FRB) announced a multi-million dollar settlement with a Kentucky bank over allegations of unlawful banking practices in violation of Section 5 of the Federal Trade Commission Act. According to the Consent Order, the bank made ...

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USCIS proposed changes to the H-1B cap filing process: What you need to know

On Monday, December 3, 2018, the U.S. Citizenship and Immigration Services (USCIS) published in the federal register a proposed new rule that would significantly alter the H-1B cap filing process. The proposed rule (1) introduces a mandatory electronic pre-registration system for H-1B ...

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SEC issues guidance regarding application of securities laws to blockchain technologies

On November 16, 2018, the Divisions of Corporation Finance, Investment Management, and Trading and Markets of the U.S. Securities and Exchange Commission (“SEC”) issued a Statement on Digital Asset Securities Issuance and Trading, summarizing recent SEC enforcement actions “involving the ...

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Department of Education proposes sweeping changes to Title IX regulations

On November 16, 2018, the U.S Education Secretary Betsy DeVos released proposed regulations designed to overhaul how colleges address allegations of sexual misconduct. The long-awaited rules—leaked drafts of which have been circulating since August—include major changes, such as a more limited definition ...

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