Mintz Levin

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One Financial Center
Boston, MA 02111, United States
Phone: 617-542-6000
Fax: 617-542-2241
Practice Groups
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Worker’s Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
  • United Kingdom
Number of Attorneys
400+ Attorneys

Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016

We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year…more

Auto-Dialed Calls, Campbell Ewald v Gomez, Class Action, Declaratory Rulings, FCC

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FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more

Airlines, Aviation Industry, Broadband, Competitive Bidding, FCC

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Why You Should Use the USPTO’s Automated Interview Request (AIR) Form

The U.S. Patent and Trademark Office (USPTO) has launched a new Automated Interview Request (AIR) Form that allows practitioners to submit an online request for an interview with an examiner. The online form allows applicants…more

Administrative Procedure, Automated Systems, Electronic Filing, Examiners, Patent Applications

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Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime…more

Business E-Mail Compromise (BEC), Computer Fraud Insurance, Corporate Counsel, Crime Insurance Policies, Cyber Crimes

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A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)

In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States of…more

Alter Ego, Appeals, Arbitration Awards, Federal Arbitration Act, Foreign Judgments

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: December 2015

Trends & Analysis - We have identified 24 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of the 24 cases, five were filed within the past year, seven were filed in 2014, three were…more

Anti-Kickback Statute, False Claims Act (FCA), False Statements, Medicaid, Medicare

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ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog during…more

ADA, Affordable Care Act, Cafeteria Plans, EEOC, Employer Group Health Plans

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Why No One is Talking About Derivation Proceedings

Someone stole your invention and filed for a patent on it? Derivation proceedings in the Patent Office may be an answer. The Leahy-Smith America Invents Act (AIA) amended 35 U.S.C. § 135 to replace interference proceedings with…more

America Invents Act, Derivation Proceeding, Patent Trial and Appeal Board, Patents, USPTO

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The DTSA and Inevitable Disclosure

A recent decision in the Northern District of Illinois gave life to the inevitable disclosure doctrine under the Defend Trade Secrets Act. Inevitable disclosure is a common law doctrine by which a court can prevent a former…more

Anti-Competitive, Automotive Industry, Defend Trade Secrets Act (DTSA), Former Employee, Inevitable Disclosure Doctrine

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March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the…more

Age Discrimination, Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force

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The Latest Keyword Advertising Battle: The 10th Circuit Finds No Infringement Based on Use of Another’s Trademark to Generate Sponsored Advertisements

Over the past few years, numerous trademark infringement suits have been filed over keyword advertising. Last month, the 10th Circuit weighed in on this subject, issuing a decision with broad implications. In 1-800 Contacts,…more

Google, Infringement, Keyword Advertising, Keyword Search, SEO

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Federal Circuit Invalidates Diagnostic Method Claims for Prenatal Test Under 35 U.S.C. 101

On June 12, 2015, the Federal Circuit affirmed the finding of U.S. District Court for the Northern District of California (“District Court”) that the method claims in U.S. Patent 6,258,540 (‘540 patent) for detecting…more

AMP v Myriad, Diagnostic Tests, DNA, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Mintz TechConnect - December 2015

Letter from the Editors - Welcome to the second issue of Mintz Levin’s TechConnect — our bi-monthly newsletter on “all things technology” in the legal and business world, from our perspective, of course. This issue contains…more

B Corporation, Broadcasting, Corporate Social Responsibility, Crowdfunding, Cybersecurity Information Sharing Act (CISA)

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Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap

There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply forming…more

Bankruptcy Court, Chapter 7, Debtors, Holding Companies, Limited Liability Company (LLC)

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USPTO eMod Project To Improve E- Filing/Managing Patent Applications

The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a Patent Quality Chat webinar on May 9, 2017 (click here for the webinar slides).  Highlighted features and the status…more

Electronic Filing, Patent Applications, USPTO, USPTO Pilot Program

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FY18 Massachusetts Budget Update: Governor Baker Signs FY18 Budget

On Monday, July 17th, Governor Charlie Baker signed a budget for FY2018 that includes $39.4 billion in spending. This comes ten days after the Legislature approved a state budget with a $40.2 billion bottom line. The Senate and…more

Department of Health and Human Services, Funding, Governor Baker, Life Sciences, State Budgets

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TechConnect - Your Law Firm Link to Industry News - March 2017

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in…more

America Invents Act, Equity, Innovator Liability, Liquidity, PaaS

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Third-Party Protections In Mass Tort Chapter 11 Cases

A defendant facing thousands of mass tort lawsuits in federal and state courts throughout the country often will seek to address the litigation by seeking Chapter 11 relief under the Bankruptcy Code. The Chapter 11 process…more

Automatic Stay, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Liability Insurance

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California Update: New Laws Give Residential and Commercial Tenants Rights to Install EV Charging Stations and Streamline Residential Solar Permitting

Last month Governor Brown signed AB 2565, which gives residential and commercial tenants new rights to install electric vehicle (EV) charging stations, and AB 2188, which directs cities and counties to streamline permitting for…more

Auto Manufacturers, Automotive Industry, Commercial Leases, Commercial Tenants, Electric Vehicles

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Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her Complaint was Fabricated

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze…more

EEOC, Employee Misconduct, Employer Liability Issues, False Reporting, Hiring & Firing

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Supreme Court Holds That the Hague Service Convention Does Not Prohibit Service of Process Abroad by Mail

For nearly thirty years, federal and state appellate courts have been split on the issue of whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, November 15, 1965…more

Foreign Defendants, Hague Convention, International Litigation, SCOTUS, Service by Mail

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You Can Not Claim What you Don’t Possess – Federal Circuit Holds Fiber Optic Claims Invalid under Section 112

On May 10, 2017 and following a Patent Trial and Appeal Board (PTAB) reexamination decision upholding certain claims, the United States Court of Appeals for the Federal Circuit ruled in Cisco Systems, Inc. v. Cirrex Systems, LLC…more

Appeals, Inter Partes Reexamination, Patent Invalidity, Patent Trial and Appeal Board, Patents

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The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors listed…more

Appeals, Assignment of Inventions, Dismissals, Employment Contract, Former Employer

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Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the…more

Appeals, Disability Discrimination, Drug Testing, Employer Liability Issues, Employment Policies

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: April 2016

Trends & Analysis - ..We have identified 42 health care–related qui tam cases that have been unsealed in whole or in part since the cases covered in our last Qui Tam Update. Included in that count is one proceeding (the…more

Class Action, Corporate Integrity Agreement, Fraud, HIPAA, Qui Tam

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DOJ and OIG Announce Largest Ever National Health Care Fraud Takedown; Focus on Opioids

Continuing its annual tradition, the U.S. Department of Justice (“DOJ”) and the U.S. Department of Health and Human Services (“HHS”) announced last week the largest ever health care fraud enforcement action by the Medicare Fraud…more

DOJ, Enforcement Actions, Federal Health Care Programs (FHCP), Health Care Providers, Healthcare Fraud

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FDA Issues Warning Letter to Corporate Sponsor of Clinical Trial

The U.S. Food and Drug Administration (FDA) does not frequently issue Warning Letters to corporate sponsors of FDA-regulated clinical trials, so the June 16, 2015, Warning Letter sent to AB Science, a pharmaceutical company with…more

Audits, Clinical Trials, FDA, Inspections, Pharmaceutical Industry

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New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more

Borrowers, CFTC, Dodd-Frank, End-Users, ISDA

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FY18 Massachusetts Budget Update: Governor Baker Signs FY18 Budget

On Monday, July 17th, Governor Charlie Baker signed a budget for FY2018 that includes $39.4 billion in spending. This comes ten days after the Legislature approved a state budget with a $40.2 billion bottom line. The Senate and…more

Department of Health and Human Services, Funding, Governor Baker, Life Sciences, State Budgets

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Clean Edge 2014 Clean Energy Trends Report: Key Trends Emerging from 2013

We saw some key trends emerging and we are proud to be part of the Clean Edge 2014 Clean Energy Trends Report, released last week. The report highlights trends on the rise and provides a comprehensive glance back at 2013. Some…more

Clean Energy, Energy Sector, Solar Energy

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C-THRU’s Proposed Changes to Negotiated Prices – A Demonstration of the Part D Program’s Complexities and Misunderstandings

As described in last week’s post, Senator Wyden has introduced the C-THRU Act that seeks to require public disclosure of PBM rebate amounts, establish a minimum rebate percentage that PBMs must pass on to Part D and Exchange…more

Drug Pricing, Health Insurance Exchanges, Medicare Part D, Prescription Drugs, Proposed Legislation

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Monthly TCPA Digest - June 2017

We are pleased to present our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue covers the latest Commission releases as well as what’s new on Capitol…more

FCC, Legislative Agendas, Notice of Inquiry, TCPA, Voicemail

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The Rise of the Group Health Insurance Captive

With its “employer mandate”—i.e., the requirement that applicable large employers make an offer of group health coverage to substantially all full-time employees or face the prospect of a penalty—the Affordable Care Act (ACA)…more

Affordable Care Act, Captive Insurance Company, Employer Group Health Plans, Employer Mandates, ERISA

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TechConnect - Your Law Firm Link to Industry News - February 2016

As the Northeast begins (hopefully) to thaw out and we head into an early spring (so said the Groundhog), we are excited to deliver our new issue of TechConnect — our bimonthly newsletter on “all things technology” in the legal…more

Corporate Taxes, Drones, Private Equity, Protecting Americans from Tax Hikes (PATH) Act, Small Business

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Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more

Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits

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Can a Creditor’s Inaction Violate the Automatic Stay?

The filing of a bankruptcy case puts in place an automatic injunction, or stay, that halts most actions by creditors against a debtor. But can a creditor violate the automatic stay by not acting? The Tenth Circuit recently…more

Appeals, Automatic Stay, Bankruptcy Code, Bankruptcy Court, Commercial Bankruptcy

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Statutory Liens vs. Consensual Liens: Why it Matters and When it may Not

While secured creditors are entitled to special rights in bankruptcy, those rights may differ depending on whether creditors have a statutory or consensual lien on their collateral. This is primarily because section 552(a) of…more

Bankruptcy Code, Chapter 9, Debtors, Liens, Municipal Bankruptcy

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Five things academic scientists should know when pursuing their first patent application – Part II of V

The U.S. Patent and Trademark Office (USPTO) has launched a new Automated Interview Request (AIR) Form that allows practitioners to submit an online request for an interview with an examiner. The online form allows applicants…more

Authorship, Inventors, Patent Applications, Patent Examinations, Patents

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Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate

Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of employers…more

Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Reasonable Accommodation, Religious Institutions

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Mintz Levin Health Care Qui Tam Update - Recently Unsealed Whistleblower Cases: January 2017

We have identified 30 health care–related qui tam cases that have been unsealed in whole or in part. Trends & Analysis - A substantial majority of the unsealed cases had been under seal for periods well in excess of…more

False Claims Act (FCA), Healthcare, Qui Tam, Whistleblowers

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Ransomware Attack – Quick Facts

By now, you may have heard about the global ransomware attacks affecting health care and other organizations throughout the world, in particular the United Kingdom, but also in the United States. The ransomware variant, called…more

Cyber Attacks, Hackers, Health Care Providers, Microsoft, Phishing Scams

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Five Key Decisions for ACOs Looking to Participate in the 2015 MSSP

The Centers for Medicare & Medicaid Services (CMS) has announced the upcoming deadlines for the third round of new applications to the Medicare Shared Savings Program (MSSP). Accountable Care Organizations (ACOs) that…more

ACOs, Affordable Care Act, CMS, Healthcare

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Stats plus Security = A winning formula

Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races. Teams are fueled by data, and around every…more

Analytics, Cybersecurity, Data Collection, Data Security, Data Storage Providers

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“GMO” Labeling Food Fight: How Vermont’s Act 120 Is Pressuring An Entire Industry

On July 1, 2016, Vermont’s Act 120 will require food manufacturers to indicate in the labeling of all products regulated by FDA when the food has been produced with the use of genetic engineering (GE). Unless Congress acts with…more

FDA, Food Labeling, Food Manufacturers, Genetically Engineered Seed, GMO

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Five Questions for Investors in Insurtech

Decisions you make when founding and/or investing in an insurtech venture can dictate your regulatory obligations, tax liability, operational structure and, ultimately, profitability. Here are five seemingly simple questions…more

Data Breach, Data Privacy, Department of Financial Services, EU Data Protection Laws, Insurance Industry

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New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more

Borrowers, CFTC, Dodd-Frank, End-Users, ISDA

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Baker-Polito Administration Supports Clean Energy Education with $960,000 in STEM Learning Grants

On June 22, 2017 the Baker-Polito Administration announced $960,000 in grants for STEM and clean energy learning programs for six Massachusetts high schools to help direct students towards STEM higher education majors and…more

Clean Energy, Energy Policy, Governor Baker, Grants,