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What We’re Reading - July 23, 2021

July 23, 2021 | Blog | By Cynthia Larose

There is a glut of information out there regarding privacy and cybersecurity these days.  Our new feature “What We’re Reading” provides a curated list of articles, blogs, newsletters, and books that you may find interesting and helpful.
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Meet Scott Thompson: Battling for the Wireless Infrastructure Industry in Cities and in Courts

Mintz Member and Chair of the firm’s Communications Infrastructure Litigation Practice, Scott Thompson, was profiled as an industry leader by the Wireless Infrastructure Association. In the blog post, Mr. Thompson reflected on making a major career move by joining Mintz in the middle of a global pandemic, his 20+ year career path and high profile cases, and the most significant issues facing the wireless infrastructure industry today and in the near future.

Source

Wireless Infrastructure Association

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In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz IP attorneys Drew DeVoogd and Daniel Weinger welcome guest David Duski for the first of a two-part series covering patent trial damages.
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Four Mintz Members Recognized by Benchmark Litigation’s 40 & Under Hot List 2021

Mintz is pleased to announce that four Litigation Members have been named to Benchmark Litigation’s 40 & Under Hot List 2021. The annual ranking recognizes the best and brightest law firm partners under 40 in the United States and Canada who stand out due to their high-stakes wins, precedent-setting matters and positioning for future success. 

The following Mintz attorneys were selected for inclusion in their respective practice areas: 

Mr. Frey is a skilled litigator that advises clients on a broad range of disputes involving commercial real estate and government regulation. He has extensive experience litigating complex lease disputes, commercial evictions, permits/zoning appeals, tax abatements, property valuations, government investigations, and administrative proceedings before state and federal agencies.

Mr. Hupart’s practice encompasses complex commercial litigation, including cases involving securities, employment, and environmental claims, as well as class action litigation, white collar criminal defense, and regulatory investigations. Mr. Hupart has extensive experience representing clients in a variety of industries, including financial services, energy, education, and the media.

Ms. Musgrave is Co-Chair of the firm’s Appellate Practice Group. She leads clients through the appellate process, designing a successful appellate strategy, drafting briefs, and preparing for oral argument. She also assists clients with amicus curiae submissions, including to the U.S. Supreme Court. Working as a litigator both at the trial and appellate phases, her practice focuses on complex commercial litigation across a variety of areas, including contract disputes, securities litigation and government investigations.

Alec has significant experience advising directors, officers, members, managers, and shareholders of closely-held businesses regarding their fiduciary duties, corporate governance, and indemnification rights and responsibilities. He also litigates and advises insurers concerning complex coverage issues. Alec is well-known for his pro bono work in Massachusetts, which focuses primarily on representing survivors of sex trafficking and domestic violence and raising awareness of legal issues impacting survivors of human trafficking.

Benchmark Litigation is the definitive guide to the world’s leading litigation firms and lawyers. The law firm and lawyer rankings are based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.

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On June 24, 2021, the Food and Drug Administration (FDA) issued the long-awaited Remanufacturing of Medical Devices Draft Guidance, which describes the agency’s current thinking on activities that meet the definition of remanufacturing and a process for determining whether an act done to an original equipment manufacturer’s (OEM’s) legally marketed finished device is considered remanufacturing (the “Draft Remanufacturing Guidance”).
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Trio of Firm Attorneys Receive 2021 Richard Mintz Pro Bono Award for Partnership with Lawyers Clearinghouse to Establish Criminal Record Sealing Clinic

Mintz is pleased to announce that firm attorneys Nicholas Armington, Nadia Do Canto, and Rithika Kulathila have received the 2021 Richard Mintz Pro Bono Award, which is presented annually on behalf of the firm by Mintz’s Pro Bono Committee to attorneys who demonstrate exemplary commitment to pro bono work. The trio of honorees was recognized for their efforts with legal services nonprofit and the firm’s longstanding pro bono partner Lawyers Clearinghouse to establish a Massachusetts Criminal Offender Record Information (CORI) sealing clinic. The attorneys were celebrated virtually during the firm’s 30th annual Pro Bono Award reception held on July 12.

Mr. Armington, Mrs. Do Canto, and Ms. Kulathila initiated a successful partnership with Lawyers Clearinghouse and the City of Boston to establish a virtual clinic that helps low-income residents seal or expunge criminal records. This groundbreaking program is especially important in addressing the disproportionate impact the criminal justice system has had on Black men and other communities of color in Boston. By collaborating with Mintz’s partners on this clinic, Mr. Armington, Mrs. Do Canto, Ms. Kulathila, and other firm attorneys have helped individuals throughout Greater Boston remove significant barriers that would have made it difficult for them to pursue future employment, housing, and educational opportunities.

The virtual Pro Bono Award reception was punctuated by congratulatory remarks from firm leaders including Member and Chairman of the firm Robert Popeo, Managing Member Bob Bodian, and Member and Chair of the Pro Bono Committee Susan Finegan. In addition, Susan Gedrick, Executive Director of Lawyers Clearinghouse, and Crispin Birnbaum, a Lawyers Clearinghouse Access to Justice Fellow, joined to reflect on Mintz’s pro bono partnership over the past 27+ years and the impact of this latest collaboration to serve individuals in need through the CORI sealing clinic.

“This has been a challenging year for many, and in particular for our pro bono clients in vulnerable and low-income communities,” said Ms. Finegan. “The Pro Bono Committee has been greatly impressed by the enthusiasm and commitment of this group – Nick, Nadia, and Rithika – to tackle systemic racism through the CORI sealing clinic. Due to their leadership, the project has been a huge success at Mintz, with 32 attorneys and professional staff helping over 30 individuals to seal their criminal records throughout the last year.”

During the event, all three Richard Mintz Pro Bono Award honorees shared their experience and impressions of the CORI sealing clinic and encouraged their colleagues to volunteer a relatively small amount of their time to make a lasting difference in someone’s life.

The Richard Mintz Pro Bono Award is named in honor of Richard Mintz, the son of one of the firm’s founders, who in many ways embodied the generous spirit of Mintz and was a strong supporter of the firm’s pro bono contributions.

Pro bono service is at the heart of Mintz’s culture and identity. The firm partners with nonprofits, legal services organizations, in-house legal departments, and other law firms to provide life-changing assistance for individuals in need. Significantly, in the past year, more than 400 Mintz attorneys contributed to over 300 unique pro bono matters. To learn more about the firm’s pro bono work, please click here.

Privacy & Thumbnail Viewpoints Thumbnail
To note the one year anniversary of the California Consumer Privacy Act (CCPA) enforcement date, California Attorney General Rob Banta held a press conference on July 19, 2021 to share key information about enforcement efforts and announce a new consumer privacy tool. He also praised businesses for their prompt compliance efforts and urged consumers to be proactive about their privacy rights.
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Mintz Continues Washington, D.C. Growth, Relocates to and Expands Office Space at the Thurman Arnold Building

Mintz announced today the relocation of its office in Washington, D.C. to accommodate the firm’s continued strategic expansion. The firm has moved into the Thurman Arnold Building, occupying 57,000 square feet of office space at 555 12th St., NW, a nearly 782,000-square-foot building by F and 12th Streets NW.

“As we continue to expand the firm’s capabilities to better serve the needs of our clients, a new office in D.C. became a priority. Just in the last year D.C. has added 13 lawyers,” said Susan Berson, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division. “The state-of-the-art Thurman Arnold Building provides us with a modern, technologically advanced workplace designed to facilitate collaboration with each other and with our clients, and offers a host of additional amenities. While the new space meets the firm’s needs today, it is also flexible to adapt to its future needs.”

Mintz opened an office in Washington, D.C. in 1979, headed by Charles D. Ferris, former Chairman of the Federal Communications Commission (FCC). Since then it has grown to more than 70 attorneys and ML Strategies government consultants, focused primarily on federal regulation, legislation, and litigation, with an emphasis on communications, the environment, health care, and antitrust. 

Spanning one city block, 555 12th St. NW, known as the Thurman Arnold Building, is located in Washington, D.C.'s historic downtown. With an exceptional location between Capitol Hill and the White House, the building boasts immediate access to seats of power and those advising policy makers and true agents of change. In addition to being named a “showcase project” by the Better Buildings Initiative of the U.S. Department of Energy (DOE) for its technology upgrades, 555 12th Street is also certified LEED Gold.

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On Friday, July 9th, President Biden released an Executive Order “to promote competition in the American economy” and to “to reduce the trend of corporate consolidation” (the “Order”). As part of this Order, the Biden Administration specifically targets competition in the pharmaceutical industry and sets forth policies to combat the high cost of prescription drugs. As the Administration’s first major policy initiative on drug pricing, this Order may serve as a preview of the Administration’s drug pricing reform agenda. For additional information about the Executive Order, please see our Antitrust colleagues' alert on the Order's initiatives specifically earmarked for the Federal Trade Commission and the Department of Justice’s Antitrust Division.
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How Western States Help The Wealthy Avoid Taxes, Creditors

Daniel Pascucci, Managing Member of Mintz’s San Diego office and Co-Chair of the firm’s Cross-Border Asset Recovery Practice, authored a Law360 expert analysis article spotlighting the growing allure of Western states as asset havens, highlighting the need for creditors and claimants to consider robust U.S. enforcement strategies in asset-recovery efforts.

Source

Law360

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Massachusetts Legislature Negotiating Extending the 2019-2020 Session Beyond July 31st

July 30, 2020 | Blog | By Steven Baddour, Daniel Connelly, Kaitlyn Sprague, Taylor Shepherd

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Despite the COVID-19 pandemic, the House Energy & Commerce Committee continues work on several health policy issues, including Orphan Drug Act reform and continuous manufacturing.
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Lobbying and Public Policy Viewpoints Thumbnail

Senate & House Advance PPP Extension: Setting Stage for Next COVID-19 Stimulus Package

July 2, 2020 | Blog | By Alexander Hecht, R. Neal Martin, Anthony DeMaio

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The Implications of Trump's Executive Order and Section 230 of the Communications Decency Act

June 3, 2020 | Blog | By Christian Tamotsu Fjeld, Christopher Harvie

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Massachusetts’ Speaker of the House Robert DeLeo Delivers Remote Chamber Address on Vision for the Remainder of Legislative Session

May 21, 2020 | Blog | By Steven Baddour, Daniel Connelly, Caitlin Beresin, Kaitlyn Sprague, Taylor Shepherd

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Massachusetts’ Reopening Advisory Board Releases Reopening Report

May 18, 2020 | Blog | By Steven Baddour, Daniel Connelly, Kaitlyn Sprague, Caitlin Beresin, Taylor Shepherd

Today, the Baker-Polito Administration’s Reopening Advisory Board published their report outlining a 4-phase schedule for reopening the Commonwealth since the closure of non-essential businesses on March 23.
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This update covers federal and Massachusetts responses to the pandemic, including the House Democrats’ phase 4 economic stimulus proposal, the SBA’s report on PPP implementation plus criticism of how it manages EIDL, and Massachusetts’s reopening plan and its proposed $1B supplemental budget to cover Covid-19 spending.
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This update covers federal and Massachusetts responses to the pandemic, including the U.S. Treasury Implementation of CARES Act programs, new proposals for small- and mid-sized businesses, the Paycheck Protection Program (PPP), and new Massachusetts rules related to masks, car dealers, and retailers.
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Health Care Viewpoints Thumbnail
On Monday, April 27, Representatives Diana DeGette (D-CO) and Fred Upton (R-MI) announced the next steps for 21st Century Cures 2.0 (Cures 2.0), legislation that will build on the original 21st Century Cures Act enacted in December 2016 (Cures 1.0). While Cures 1.0 aimed to speed up the process of bringing new treatments to market, Cures 2.0 is generally envisioned to emphasize public health and streamlined care delivery, particularly in light of the COVID-19 pandemic. Elements envisioned to be in Cures 2.0 were outlined in a recently published concept paper that we discuss in this post.
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Rough Seas for COVID-19 Serology Tests Lead to Course Correction by FDA

May 5, 2020 | Blog | By Joanne Hawana, Hope Foster

Responding to increased public and congressional criticism of its arguably too-flexible approach to regulatory oversight of serological tests used to detect COVID-19 antibodies, on May 4, 2020 the Food and Drug Administration (FDA) announced a revised policy aimed at reducing the risks associated with such tests.
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This update covers federal and Massachusetts responses to the pandemic, including the Main Street Lending Program and the Municipal Liquidity Fund, Phase 4 stimulus provisions for disabled Americans, funding for Massachusetts nursing homes and congregate care, the state’s Reopening Advisory Board, and more.
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This update discusses the new federal interim stimulus package, negotiations for the Phase 4 package, the Municipal Liquidity Facility, the SMART fund, plans to reopen the Massachusetts economy, and more.
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The Sobering Truth behind COVID-19’s Impact on Massachusetts’ Annual Budget

April 20, 2020 | Blog | By Steven Baddour, Daniel Connelly, Caitlin Beresin, Kaitlyn Sprague, Taylor Shepherd

Economists create graphs, charts and projections on the economy daily, crafting commentary to explain the ebbs and flows of market success and failures based on a variety of factors. That is no longer the case as the nation battles the novel coronavirus (“COVID-19”). Economist’s projections are at the mercy of the raging virus as many states enter “the surge”, compromising health care systems, learning institutions and local economies nationwide.
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Read ML Strategies' analysis of federal and state legislative and regulatory responses to public health and economic issues related to the COVID-19 pandemic.
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Lobbying and Public Policy Viewpoints Thumbnail
ML Strategies' analysis of federal and state legislative and regulatory responses to public health and economic issues related to the COVID-19 pandemic.
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Lobbying and Public Policy Viewpoints Thumbnail

What You Need to Know: State and Federal Updates Related to COVID-19

April 3, 2020 | Blog | By R. Neal Martin, Taylor Shepherd

As the coronavirus pandemic spreads across the nation, your team at ML Strategies continues to monitor legislative and regulatory updates at the federal and state level. Each week, ML Strategies will provide weekly updates from Massachusetts and Washington, DC to keep you informed and aware of relief opportunities and guidance for your businesses and companies.
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Lobbying and Public Policy Viewpoints Thumbnail
As the coronavirus pandemic spreads across the nation, your team at ML Strategies continues to monitor legislative and regulatory updates at the federal and state level. Each week, ML Strategies will provide weekly updates from Massachusetts and Washington, DC to keep you informed and aware of relief opportunities and guidance for your businesses and companies. If you have any questions, please don’t hesitate to reach out to ML Strategies professionals who are closely monitoring developments as they happen.
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Massachusetts: Corporate Board of Directors and Shareholders Meetings Changes as a Result of COVID-19

April 1, 2020 | Blog | By Daniel Connelly, Steven Baddour, Caitlin Beresin, Kaitlyn Sprague, Taylor Shepherd

This week, Governor Charlie Baker issued COVID-19 Order No. 19, “Order Regarding the Conduct of Shareholder Meetings by Public Companies.  This Order, which is effective immediately, suspends certain requirements of M.G.L. chapter 156D, section 7.08 that relate to shareholder meetings by remote means.
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