Health

  • January 01, 2025

    Healthcare and Life Science Deals Attys Expect In 2025

    As the healthcare industry heads into 2025, deals attorneys are optimistic as they look to falling interest rates and a potentially more business-friendly administration set to enter the White House.

  • January 01, 2025

    Personal Injury, Medical Malpractice Cases To Watch In 2025

    A pending U.S. Supreme Court ruling over the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule on so-called ghost guns and Pennsylvania's top court's possible invalidation of a government injury damages cap are among the cases injury and malpractice attorneys will be following in 2025.

  • January 01, 2025

    Bankruptcy Issues To Watch In 2025

    Bankruptcy professionals are seeing uncertainty in 2025, with a mix of opinions on whether filings will trend up or down, but certainty that there won't be a final word on the claims release questions bankruptcy plans faced in 2024.

  • January 01, 2025

    High-Stakes Healthcare Court Battles To Watch In 2025

    With pivotal health law cases on the docket in 2025, attorneys will be watching how the incoming Trump administration proceeds in ongoing litigation over abortion care, the Affordable Care Act and the Medicare drug price negotiation program.

  • January 01, 2025

    Healthcare And Life Science Policies To Watch In 2025

    Healthcare and life sciences attorneys will have their eyes on Washington, D.C., in the next few months. They will be keen to understand how a new presidential administration and a new Congress with razor-thin GOP control will approach a bevy of fraught issues.

  • January 01, 2025

    Product Liability Cases To Watch In 2025

    Cases that attorneys will be keeping an eye on in the coming year involve Monsanto and a circuit rift over preemption regarding Roundup cancer claims, as well as mass torts over claims that social media harm minors' mental health.

  • January 01, 2025

    The Hottest Topics Appellate Attys Are Tracking In 2025

    Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.

  • January 01, 2025

    2025 Michigan Cases To Watch

    Attorneys predict the new five-justice Democratic majority on the Michigan Supreme Court this year could put teeth into a once-strong consumer protection statute, continue to tweak the state's premises liability law and could take on a federally posed question of the constitutionality of medical malpractice caps.

  • January 01, 2025

    Native American Cases To Watch In 2025

    2024 brought lawsuits and rulings in state, federal district and appellate courts that will play out into 2025 with some uncertainties for Native American tribes on voting rights, protections for historical worship sites and land trust decisions.

  • January 01, 2025

    Patent Cases To Watch In 2025

    The Federal Circuit has taken on a rare en banc patent case looking at damages, while the U.S. Supreme Court has been asked to review when foreign damages can be incorporated into patent awards. Here's what you need to know about these cases and others that attorneys are keeping an eye on in 2025.

  • January 01, 2025

    Federal Rules Impacted Tribes In 2024, With More To Come

    U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.

  • January 01, 2025

    Trials To Watch In 2025

    The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.

  • January 01, 2025

    5 Policy Changes Benefits Attys Should Watch For In 2025

    With President-elect Donald Trump poised to return to the White House, experts are bracing for potential changes including shifts from the U.S. Department of Labor on who qualifies as a regulated fiduciary under benefits law to whether retirement plans can consider environmental and social factors when picking investments. Here, Law360 looks at five employee benefits policy issues to keep an eye on in the new year.

  • January 01, 2025

    Cannabis And Hemp Lawsuits To Watch In 2025

    A California litigator alleging the unconstitutionality of multiple state and local cannabis licensure programs is pushing his actions through the federal circuit courts, hemp industry stakeholders are alleging that states have overstepped their authority with policies meant to rein in intoxicating products, and a coalition of marijuana companies' challenge to the federal ban on prohibition had its day in federal appellate court.

  • January 01, 2025

    Cannabis Advocates Hone Their Policy Goals For 2025

    With Republicans set to control the legislative and executive branches, cannabis advocates predict that federal cannabis reforms in 2025 are still achievable, but note they will likely be more incremental than holistic, with an emphasis on public safety and states' rights.

  • January 01, 2025

    Pa. Legislation To Watch: Noncompetes, Funding Solutions

    A new Pennsylvania law restricting noncompete agreements for certain healthcare workers has left some employment law attorneys with questions, while perennial public transit funding issues signal that revenue-generating regulations could appear on next year's legislative agenda.

  • January 01, 2025

    Pa. Cases To Watch In 2025: Climate Change And Skill Games

    President-elect Donald Trump's impending return to the White House casts a new light on certain pending cases in Pennsylvania courts with federal implications, such as a suburban Philadelphia county's climate change claims against oil companies that contend the suits are preempted and the U.S. Department of Justice's entrance into monopoly allegations against University of Pittsburgh Medical Center.

  • January 01, 2025

    NC Cases To Watch In 2025: NASCAR Fight, Healthcare Rows

    NASCAR is fighting antitrust claims in North Carolina even after removing a controversial exclusivity clause from its race team contracts, and the Tar Heel State's medical industry could see massive shake-ups from a challenge to a healthcare competition law and alleged impropriety in a major hospital system acquisition.

  • January 01, 2025

    Connecticut Cases To Watch In 2025: Ethics, Mergers & Actors

    A suit over McCarter & English LLP's municipal loan advice and a Yale-owned heath network's legal battle over a beleaguered acquisition deal are just two multimillion-dollar cases that will keep Connecticut courts busy next year. 

  • December 23, 2024

    HHS Can't Enforce Abortion Privacy Rule Against Texas Doctor

    A Texas federal judge has granted a Lone Star State doctor a reprieve from a new U.S. Department of Health and Human Services rule that aims to protect the privacy of abortion providers and patients, saying that the rule likely exceeds the Health Insurance Portability and Accountability Act's statutory authority.

  • December 23, 2024

    EEOC, Ala. Medical Center Get OK For Deal In ADA Suit

    An Alabama medical center will shell out $60,000 to end a U.S. Equal Employment Opportunity Commission lawsuit claiming the organization showed an employee the exit door after requesting to switch departments following a back injury she sustained at work.

  • December 23, 2024

    Thompson Coburn Data Breach Plaintiffs Aim To Consolidate

    Plaintiffs seeking restitution from Thompson Coburn LLP over a data breach filled a motion Friday to consolidate the group's eight proposed class actions, as well as appoint three attorneys to interim class counsel over the potential master case.

  • December 20, 2024

    TD Bank, Boeing And Medicare: Compliance Headlines In 2024

    Corporate compliance lessons were never far from the headlines in 2024, as regulatory challenges and headaches facing industries ranging from healthcare to aerospace played front and center, including TD Bank's historic $3.1 billion money laundering settlement that federal prosecutors billed as one for the risk-management textbooks.

  • December 20, 2024

    Proskauer Beats DQ Bid In NJ Hospital Antitrust Fight

    A New Jersey federal judge refused to disqualify Proskauer Rose LLP from defending healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit brought by competitor CarePoint Health Management Associates LLC, saying the present case wasn't substantially related to work the law firm previously did for CarePoint.

  • December 20, 2024

    Sens. Aim To Protect Generics With Skinny Labels In New Bill

    A bipartisan group of senators from Colorado, Arkansas, Vermont and Maine have introduced a bill that would shield generic-drug and biosimilar manufacturers from infringement liability when using approved "skinny labels."

Expert Analysis

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Plan Sponsors Must Prep For New Mental Health, Drug Rules

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    To comply with newly published health insurance rules requiring parity between access to mental health and substance use services compared to medical and surgical services, employers with self-insured plans will need to update third-party administrator agreements and collect data, among other compliance steps, say attorneys at Kilpatrick.

  • Navigating The Complexities Of Cyber Incident Reporting

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    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • A Primer On Navigating The Conrad 30 Immigration Program

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    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • Defending AI, Machine Learning Patents In Life Sciences

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    Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Takeaways From Texas AG's Novel AI Health Settlement

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    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • Proposed Legislation May Crack Down On Online Drug Ads

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    A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

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