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January 31, 2025
JAMS Adds AI-Focused Litigation Vet To Arbitration Team
The alternative dispute resolution service JAMS has expanded its arbitration and mediation team with the addition of an attorney with over three decades of experience spanning complex commercial litigation, independent arbitration and leadership positions at the American Bar Association.
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January 31, 2025
RFK Jr. Says He'll Give Stake In Merck Vaccine Case To Son
Robert F. Kennedy Jr., President Donald Trump's pick for the nation's top healthcare position, said Friday that he would hand his financial stake in personal injury litigation against vaccine maker Merck over to an adult son.
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January 31, 2025
Seasoned Patterson Belknap Trial Team Joins Linklaters In NY
Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.
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January 31, 2025
Taxation With Representation: Cravath, Gibson Dunn, Milbank
In this week's Taxation with Representation, Eversource Energy sells Aquarion Water Co., Diversified Energy Partners acquires oil and gas company Maverick, Lantheus Holdings buys Evergreen Theragnostics, and NASCAR champion Jimmie Johnson becomes the majority owner in the Legacy Motor Club racing team.
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January 31, 2025
4 Firms Guide Pair Of Biotech IPOs Raising $415M Combined
Shares of obesity-focused drug developer Metsera and kidney disease-focused Maze Therapeutics began trading Friday after the companies raised $415 million combined through initial public offerings, guided by four law firms, fueling an uptick of biotechnology-related IPOs.
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January 30, 2025
Merck Can't Ditch Worker's Race Bias Suit Ahead Of Trial
A New York federal judge on Wednesday refused to enter judgment for Merck & Co. in a Black former information technology director's suit alleging the company discriminated against him by firing him after he had a contractor removed from his project, teeing up the case for trial.
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January 30, 2025
2nd Circ. Sees No Skadden Conflict In Pharma Merger Work
The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.
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January 30, 2025
Patient Transportation Co. Hid Cash Flow Woes, Investor Says
Patient transportation company Modivcare Inc. has been hit with a proposed shareholder class action in Colorado federal court alleging the company failed to disclose that its contract renegotiations with customers negatively impacted its bottom line.
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January 30, 2025
CMS Fine To Limit $41M Deal Talks To Lowest-Priced Bidders
A Court of Federal Claims judge has ruled that the Centers for Medicare & Medicaid Services reasonably limited its final best-value choice on a $40.8 million task order for medical auditing services to the two lowest-priced bidders.
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January 30, 2025
Supreme Court Urged To Clarify Alice, End 1-Line Orders
The owner of a pair of invalidated patents covering medical machinery has asked the U.S. Supreme Court to look at what it called "confusion" stemming from the high court's Alice decision and also at the Federal Circuit's practice of issuing one-line orders.
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January 30, 2025
Wash. Court Rejects Palestinian Patient's Verdict Bias Appeal
A Washington state appeals court said Thursday it would not touch a doctor's win in a medical malpractice trial, rejecting arguments from the Palestinian plaintiff that the jury's verdict was tainted by racial bias, while further clarifying the benchmark for judges to make such a determination.
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January 30, 2025
Former Pharma Exec Gets 2 Months For Insider Trading
A former Ipsen Pharmaceuticals executive who pled guilty to insider trading last fall was sentenced to two months in prison Thursday, the U.S. Attorney's Office in Boston has announced.
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January 30, 2025
Ga. Businesses 'Over The Moon' With Tort Reform Proposals
Georgia Gov. Brian Kemp unveiled a long-awaited tort reform package Thursday that, if passed, would limit businesses' premises liability, limit plaintiffs' attorneys' rhetoric around damages and require increased disclosures for third-party litigation funding, among a slew of other proposals.
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January 30, 2025
Mich. Judge Says 'Dial It Down' As Insults Fly In DQ Hearing
A Michigan state court hearing over a motion to compel and disqualify an attorney defending a care facility in a wrongful termination lawsuit devolved into a volley of insults Thursday as lawyers who say they have a history of difficulty with each other slung personal jabs.
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January 30, 2025
DOJ Calls UnitedHealth Dismissal Bid A Discovery 'End Run'
The U.S. Department of Justice assailed UnitedHealth Group on Wednesday for "masquerading" a "premature" discovery bid as a motion to dismiss the government's Maryland federal court lawsuit challenging the $3.3 billion purchase of home health and hospice giant Amedisys Inc.
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January 30, 2025
Samsung Gets PTAB To Review 2 Smart Ring Patents
The Patent Trial and Appeal Board has agreed to hear Samsung's challenge to a pair of patents owned by a company that makes smart rings, finding there was a reasonable chance the electronics giant could potentially prevail in the fight.
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January 30, 2025
RFK Blasts Industry 'Puppets' Amid HHS Nomination Fight
Robert F. Kennedy Jr. said Thursday that federal scientific panels are rife with conflicts of interest that have turned them into "sock puppets" for industry, as he faced a second day of intense questioning on Capitol Hill and sought support for his nomination as secretary of health and human services.
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January 30, 2025
MoFo Guides Welltower's $900M Senior Living REIT Deal
Healthcare real estate investment trust Welltower Inc. plans to acquire NorthStar Healthcare Income Inc., a senior living facility REIT, in a $900 million deal led by Morrison Foerster LLP.
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January 30, 2025
Beasley Firm Must Face Ex-Client's Suit Over Med Mal Claim
A New Jersey appellate panel on Thursday reinstated a legal malpractice lawsuit accusing The Beasley Firm LLC of mishandling a medical malpractice lawsuit, saying the trial court erred in granting summary judgment to the law firm.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Rumors Fly As Trump Seeks Deal To Keep TikTok Alive
President Donald Trump seems to be getting exactly the "bidding war" he wanted as multiple entities fight for a role in keeping TikTok available in the U.S. Here, Law360 provides a rundown of the latest rumors and developments in the TikTok saga, along with other notable rumors from the past week.
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January 30, 2025
Pa. Pot Panels Not 'Arbitrary' In Assigning Different Scores
A Pennsylvania appeals panel rejected a petition from a dispensary owner who challenged the state Department of Health's denial of one of his applications, finding the DOH wasn't arbitrary just because two of his proposed locations received different scores on their identical applications.
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January 30, 2025
Cooley, Latham Steer Beta Bionics' Upsized $204M IPO
Shares of insulin-delivery device maker Beta Bionics Inc. soared in debut trading Thursday after it priced an upsized, $204 million initial public offering at the top of its increased range, represented by Cooley LLP and underwriters' counsel Latham & Watkins LLP.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Court Garbled Pharma Owner's Fraud Charges, 6th Circ. Told
An Ohio district court misrepresented healthcare fraud charges against a pharmaceutical salesman to a jury, his attorney argued Wednesday before the Sixth Circuit, calling for the court to overturn his 2023 conviction and subsequent restitution order to pay $7 million to the IRS.
Expert Analysis
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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The Licensure Landscape For Psychedelics Manufacturers
As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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What FCA Cases May Look Like In The Age Of Generative AI
Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.