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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.


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.



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In a previous blog, we reviewed pending and approved 1115 waivers in 8 states. We also highlighted the trends we see in 1115 waivers, such as changes to coverage requirements, a time limit on how long certain beneficiaries can receive Medicaid coverage, lock-outs if an individual fails to pay a premium or meet the work requirement, and drug testing requirements.
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In March, the Medicaid and CHIP Payment and Access Commission (MACPAC) released its biannual report to Congress. MACPAC is an independent congressional agency that advises Congress on issues relating to Medicaid. In its report, the Commission made a three part recommendation in regards to streamlining Medicaid managed care authorities.
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This week, Congress returns from recess with its eyes set on addressing the opioid crisis. We expect to see some form of bipartisan legislation considered between now and Memorial Day. We will also see Congress dive into appropriations which will eat up plenty of time, not to mention nominations of Cabinet officials and appointments to the federal bench.
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Massachusetts Legislature Issues Net Neutrality Report, Recommends Legislation

April 9, 2018 | Alert | By Julie Cox, Maxwell Fathy

On March 23, 2018, the Special Senate Committee on Net Neutrality and Consumer Protection (the Committee) released a report recommending legislation aimed at ensuring net neutrality in Massachusetts.
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In March, the Medicare Payment Advisory Commission (MedPAC) released its biannual report to Congress on matters affecting the Medicare program. MedPAC is an independent congressional agency that advises Congress on issues relating to Medicare.
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As of March 2018, there are twenty-four Medicaid 1115 waivers pending CMS approval.   Medicaid 1115 waivers, Research and Demonstration Projects, give states experimental, pilot, or demonstration projects likely to assist in promoting the objectives of Medicaid.
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Mintz and ML Strategies will host the 3rd Annual Pharmacy & Pharmaceutical Industry Summit on May 8, 2018! This year's summit will take place in Boston and we are thrilled to announce that Massachusetts Governor Charlie Baker will be the keynote speaker. 
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Congress has until Friday to finalize a government spending bill. Over the next couple of days it will decide whether to move forward with a number of consequential health care issues, market stabilization and drug pricing chief among them.
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This week, Congress returns to Washington with 11 days to finalize a government spending bill. Standing in the way are a number of unresolved health care issues, including drug pricing and market stabilization.
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Congress has three weeks to finalize an omnibus spending package. There are a number of issues that are expected to come up, including market stabilization and drug pricing, among other issues. There's also activity at the state level on Medicaid waivers and work requirements. We cover this and more in this week's preview.
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Congress is back in session and will begin its work in finalizing a final spending bill for fiscal year 2018. Both chambers are considering new ways to address the opioid crisis, and we should expect a renewed push around gun control and mental health.
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With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31, and lawmakers have a long to-do list they hope to complete before that date.
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Today, the White House released its FY 2019 budget proposal, outlining its policy priorities for the fiscal year. In health care, the President's budget focuses on prescription drug pricing and opioid funding.
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This week, the President's FY 2019 budget will be released, and the Administration will spend the next couple of weeks touting its goals. How this activity is received in Congress will play out in various committee hearings, as will issues like drug pricing, which the Administration is closely examining.
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The New Extender Timeline

February 8, 2018 | Blog

Based on the most up-to-date information on the budget deal, we have developed a new timeline for the major health care extenders. This new timeline is important because these provisions were once all tied together and now, they are not.
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Late Monday night (February 5, 2018), the House of Representatives released a continuing resolution to keep the government funded and running until March 23, 2018. This CR includes many health care related provisions, specifically many of the health care “minibus” riders. In the chart below we summarize major health care provisions in this CR specific to the health care minibus.
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Governor Baker Files FY2019 Budget

January 30, 2018 | Alert | By Julie Cox, Steven Baddour, Daniel Connelly, Caitlin Beresin, Maxwell Fathy

On Wednesday, January 24, 2018, Governor Charlie Baker released a $40.9 billion budget proposal for FY2019. The plan, commonly referred to as House 2, is the fourth Baker has proposed since assuming office and increases spending by 2.6% over FY2018 levels.
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Alcohol Task Force Releases Final Report

January 23, 2018 | Advisory | By Julie Cox, Steven Baddour, Maxwell Fathy

The Task Force that Massachusetts Treasurer Deborah Goldberg commissioned to review the alcohol industry in the Commonwealth issued its final report on December 27, 2017.
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Recreation Marijuana Industry Forges Ahead Amid Enforcement Uncertainty

January 22, 2018 | Alert | By Julie Cox, Caitlin Beresin

The Cannabis Control Commission (CCC) voted in late December to approve draft regulations establishing the framework for the recreational marijuana industry of Massachusetts.
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Massachusetts Health Care Update: Senate Bill, Medication Switching, and Opioids

November 20, 2017 | Alert | By Julie Cox, Caitlin Beresin, Maxwell Fathy

Massachusetts policymakers continue to debate health care reform proposals with important implications for industry stakeholders.
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