United States Court of Appeals for the First Circuit

U.S. Court of Appeals Upholds $48 Million Judgment

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Thursday, December 1, 2022
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A judgment upholding the trial court's order of $48 million.

Key Points: 
  • A judgment upholding the trial court's order of $48 million.
  • The First Circuits opinion is a must-read for marketers of health-related products.
  • It reaffirms key principles about the FTCs requirement that advertisers substantiate the claims consumers take from their ads.
  • The reasonable basis test is the appropriate standard for deceptive advertising claims.
  • The Court concluded that "it is clear that none of this material comes close to establishing an issue of fact regarding the Defendants woefully inadequate substantiation evidence."
  • The Court dismissed that argument as at odds with established caselaw.
  • The Defendants argued that their ads made no health claims and rather were mere puffery further qualified by disclaimers.

In NCLA Win Against IRS, First Circuit Rules Taxpayers Can Indeed Take the Agency to Court

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Friday, August 19, 2022
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IRS has, until now, successfully prevented federal courts from asserting jurisdiction over a significant constitutional challenge to the agencys unlawful data-collection practices.

Key Points: 
  • IRS has, until now, successfully prevented federal courts from asserting jurisdiction over a significant constitutional challenge to the agencys unlawful data-collection practices.
  • He notes that CIC Services provides clarity that information gathering is a phase of tax administration procedure that occurs before assessment [or] collection.
  • The bad news is the federal government recently passed a law that could lead to hiring over 86,000 new IRS agents.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.

Greenberg Traurig Achieves Complete Victory in United States of America v. Roger Richard Boncy

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Tuesday, June 28, 2022
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MIAMI, June 28, 2022 /PRNewswire-PRWeb/ -- In a rare and complete victory, a Greenberg Traurig, P.A. team of Litigation and White Collar Defense & Special Investigations attorneys led by Jed E. Dwyer and Stephanie Peral achieved dismissal of the sole remaining charge against Roger "Richard" Boncy.

Key Points: 
  • MIAMI, June 28, 2022 /PRNewswire-PRWeb/ -- In a rare and complete victory, a Greenberg Traurig, P.A.
  • Since his indictment, Boncy has maintained that he was innocent and that two calls the FBI destroyed would prove his innocence.
  • About Greenberg Traurig: Greenberg Traurig, LLP has more than 2400 attorneys in 43 locations in the United States, Europe, Latin America, Asia, and the Middle East.
  • Greenberg Traurig is Mansfield Rule 4.0 Certified Plus by The Diversity Lab and net carbon neutral with respect to its office energy usage.

TransPerfect Victory Over H.I.G. Capital and Lionbridge in $11.6 Million Fee Fight

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Monday, June 20, 2022
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and Lionbridge to recover $11.6 million in attorneys fees and costs.

Key Points: 
  • and Lionbridge to recover $11.6 million in attorneys fees and costs.
  • In denying the motion, the court cited the Defendants failure to meet the standard for fee shifting under the Defend Trade Secrets Act (DTSA).
  • and its subsidiary company Lionbridge in April 2019, alleging theft and misappropriation of company trade secrets during a controversial court ordered sale process, in which TransPerfect Founder and CEO Phil Shawe emerged victorious.
  • TransPerfect has global headquarters in New York, with regional headquarters in London and Hong Kong.

TransPerfect Victory Over H.I.G. Capital and Lionbridge in $11.6 Million Fee Fight

Retrieved on: 
Monday, June 20, 2022
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NEW YORK and SAN JUAN, Puerto Rico, June 20, 2022 /PRNewswire/ -- TransPerfect, the world's largest provider of language and technology solutions for global business, today announced that the Southern District of New York has denied a motion filed by Defendants H.I.G. and Lionbridge to recover $11.6 million in attorneys' fees and costs. In denying the motion, the court cited the Defendants' failure to meet the standard for fee shifting under the Defend Trade Secrets Act ("DTSA").

Key Points: 
  • and Lionbridge to recover $11.6 million in attorneys' fees and costs.
  • In denying the motion, the court cited the Defendants' failure to meet the standard for fee shifting under the Defend Trade Secrets Act ("DTSA").
  • and its subsidiary company Lionbridge in April 2019, alleging theft and misappropriation of company trade secrets during a controversial court ordered sale process, in which TransPerfect Founder and CEO Phil Shawe emerged victorious.
  • TransPerfect has global headquarters in New York, with regional headquarters in London and Hong Kong.

TransPerfect Victory Over H.I.G. Capital and Lionbridge in $11.6 Million Fee Fight

Retrieved on: 
Monday, June 20, 2022
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and Lionbridge to recover $11.6 million in attorneys fees and costs.

Key Points: 
  • and Lionbridge to recover $11.6 million in attorneys fees and costs.
  • In denying the motion, the court cited the Defendants failure to meet the standard for fee shifting under the Defend Trade Secrets Act (DTSA).
  • In this instance, the Court flatly rejected the Defendants claim for attorneys fees for lack of credible evidence as required by law.
  • Lionbridge sued Valley Forge in January 2020 to recover what it alleged was $7.3 million in legal expenses.

Agnes Kolbeck, 3L at New England Law | Boston, named a Law Student of the Year

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Wednesday, March 16, 2022
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BOSTON, March 16, 2022 /PRNewswire/ -- National Jurist and PreLaw Magazines today released the names of the 2022 Law Student of the Year honorees, featuring New England Law | Boston student Agnes Kolbeck.

Key Points: 
  • BOSTON, March 16, 2022 /PRNewswire/ -- National Jurist and PreLaw Magazines today released the names of the 2022 Law Student of the Year honorees, featuring New England Law | Boston student Agnes Kolbeck.
  • Agnes Kolbeck is a third-year law student specializing in tax and litigation.
  • All of us here at New England Law are incredibly proud of Agnes and so glad she's been given this deserved recognition."
  • New England Law | Boston was founded in 1908 as Portia Law School, the first and only law school established exclusively for the education of women.

NCLA Asks First Circuit to Set Aside NOAA’s Unlawful Rule Forcing Industry to Fund at-Sea Monitors

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Tuesday, February 1, 2022
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The New Civil Liberties Alliance has filed an opening brief in the appeal of Relentless Inc., et al.

Key Points: 
  • The New Civil Liberties Alliance has filed an opening brief in the appeal of Relentless Inc., et al.
  • of Commerce, et al., in the U.S. Court of Appeals for the First Circuit.
  • NCLA argues that the federal agencies cannot fund their operations through this mandate, outside of Congressional appropriations.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.

U.S. Supreme Court Grants Certiorari in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina

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Monday, January 24, 2022
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ARLINGTON, Va., Jan. 24, 2022 /PRNewswire/ --Today, the U.S. Supreme Court granted certiorari in Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina, federal lawsuits brought by a nonprofit membership organization in 2014 alleging that Harvard and UNC's admissions policies discriminate against Asian-American and white applicants.

Key Points: 
  • ARLINGTON, Va., Jan. 24, 2022 /PRNewswire/ --Today, the U.S. Supreme Court granted certiorari in Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina, federal lawsuits brought by a nonprofit membership organization in 2014 alleging that Harvard and UNC's admissions policies discriminate against Asian-American and white applicants.
  • The case was appealed to the U.S. Supreme Court in February, 2021.
  • Edward Blum, president of SFFA, said, "We are grateful the Supreme Court accepted these important cases for review.
  • Blum noted, "Harvard and the University of North Carolina have racially gerrymandered their freshman classes in order to achieve prescribed racial quotas.

Imperva Appoints Brad Steiner as General Counsel and Chief Compliance Officer

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Monday, January 10, 2022
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“I’m eager to partner with the talented team at Imperva during this exciting period of growth and help our customers solve the most complex business risks -- including those related to privacy, compliance and the security of data,” says Steiner. “I look forward to working with the executive leadership team and the entire company to scale our growth and enable long-term success.”

Key Points: 
  • Imperva, Inc. , ( @Imperva ) the cybersecurity leader whose mission is to protect data and all paths to it, announces Brad Steiner as General Counsel and Chief Compliance Officer.
  • He will lead the companys legal team, and oversee corporate governance and compliance, reporting to CEO Pam Murphy.
  • Brad brings a wealth of legal and compliance experience for global, high growth, and public companies that underpin our next phase of growth, says Murphy.
  • Steiner held senior legal leadership roles at Infor during his tenure over the past two decades.