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February 11, 2025
J&J Allies Dub Milestone Fee Reversal 'Crucial' To Del.
The National Association of Manufacturers pushed back Tuesday against Fortis Advisors LLC opposition to a NAM amicus brief seeking Delaware Supreme Court reversal of a medical robotics developer's $1 billion merger milestone damage award after its acquisition by Johnson & Johnson.
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February 11, 2025
2 Russians Arrested In $16M Phobos Ransomware Scheme
Two Russian nationals were arrested on charges of operating a cybercrime cell that extorted about $16 million from victims around the world by stealing data and demanding a ransom for its return, Maryland federal prosecutors said Tuesday.
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February 11, 2025
Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit
Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.
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February 11, 2025
Colo. Justices Mull Statute's Silence In Med Mal Cap Debate
The Colorado Supreme Court on Tuesday pressed a doctor on why it should cap a patient's prefiling interest in a medical malpractice case when lawmakers didn't clearly state whether an exception to a damages cap applies.
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February 11, 2025
No Prison For Firm Manager Who Aided Feds' No-Fault Bust
A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.
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February 11, 2025
Feds Seek $55K In Restitution In VA Doc Sex Abuse Case
Federal prosecutors Tuesday asked a Georgia federal judge to order just over $55,000 in restitution for a woman who was sexually abused by a longtime physician with the U.S. Department of Veterans Affairs.
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February 11, 2025
Labaton Keller Appointed Lead In Healthcare Co. IPO Suit
A New York federal judge on Tuesday appointed Labaton Keller Sucharow LLP as lead counsel in a securities class action accusing nursing-care provider PACS Group Inc. of misleading investors about false Medicare claims and regulatory investigations tied to its initial public offering.
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February 11, 2025
Split 3rd Circ. Keeps Merck Vaccine Antitrust Panel Immunity
The full Third Circuit refused to reconsider a ruling that immunized Merck & Co. from antitrust claims over submissions it made to federal regulators for its mumps vaccine, over the objection of a trio of appellate judges.
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February 11, 2025
Former HHS Drug Pricing Atty Returns To Covington
Covington & Burling LLP said Tuesday a former associate who most recently served at the U.S. Department of Health and Human Services working on drug pricing negotiation programs will return as a partner to the firm's healthcare and life sciences practice groups in Washington, D.C.
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February 11, 2025
Insurer Says $641M Deal Over Tainted Flint Water Not Covered
An insurer told a Michigan federal court Tuesday that it shouldn't have to pay any part of a $641 million settlement reached by a Flint, Michigan, medical center on behalf of patients who supposedly suffered from legionella and lead exposure because of unclean drinking water in the facility.
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February 11, 2025
Fla. Judge OKs $7M Deal In Health Data Breach Class Action
A Florida federal judge Tuesday granted final approval of a $7 million class action settlement as part of multidistrict litigation over the theft of personal information from millions of U.S. citizens in a health data breach linked to a Russian ransomware group.
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February 11, 2025
A 'Disaster For Science': Universities Sue Over NIH Grant Cap
Research universities and higher education organizations on Tuesday requested an order from a Massachusetts federal court to halt the Trump administration from capping indirect costs for grants from the National Institutes of Health, one day after a separate Bay State federal judge paused the change from taking effect in a case brought by a group of state attorneys general.
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February 11, 2025
ABA, Aid Orgs. Sue White House Over Foreign Funding Freeze
The American Bar Association and seven international aid organizations sued the Trump administration in D.C. federal court Tuesday over its freeze on foreign assistance funding, arguing the pause flouts "bedrock separation-of-powers principles."
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February 11, 2025
Healthcare Group Of The Year: Foley & Lardner
Foley & Lardner LLP helped advise Health Care Service Corp. on a $3.3 billion agreement to buy Medicare businesses from Cigna and secured a first-of-its-kind decision that declared parts of the False Claims Act unconstitutional, earning it a spot among the 2024 Law360 Healthcare Groups of the Year.
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February 11, 2025
Hospital Worker Didn't Need Note For COVID Benefits
A woman who quit her job at a Chambersburg, Pennsylvania, hospital due to concerns over COVID-19 didn't need to present medical evidence that her health put her at higher risk in order to collect pandemic-related unemployment benefits, a split Pennsylvania appellate court ruled Tuesday.
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February 11, 2025
NYC Doctor Convicted In Medical Test Kickback Scheme
A New York City doctor was convicted on all charges alleging that he took kickbacks from a medical lab owner as part of a scheme to bill Medicare for $20.7 million worth of unnecessary medical tests.
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February 11, 2025
Foley & Lardner Grows Leadership With Chief Practice Officer
Foley & Lardner LLP has installed its first chief practice officer, following the addition in December of a new chief operating officer at the firm.
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February 11, 2025
DC Judge Orders Restoration Of Public Health Webpages
A D.C. federal judge on Tuesday ordered federal agencies to revive public health webpages and datasets taken offline as part of the Trump administration's effort to root out references to "gender ideology."
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February 10, 2025
Colo. Nixes Suspension Of Medicaid Ride Company
Colorado's Medicaid agency rescinded the six-month suspension of a transportation company that provides nonemergency rides to patients ahead of a hearing Monday on the company's bid to block the suspension.
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February 10, 2025
DC Judge Questions Abrupt Removal Of Public Health Info
A D.C. federal judge said he was wrestling with some "circular" arguments offered by the government on Monday as he weighed whether to order the restoration of public health web pages and datasets that had been taken down by the Trump administration.
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February 10, 2025
Medical System Illegally Rounds Workers' Time, Suit Says
A county hospital system employs a policy that modifies when workers clock in and out to avoid paying them all the wages they are owed, which can result in missed overtime pay, a proposed class and collective action filed Monday in Ohio federal court said.
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February 10, 2025
UnitedHealth Says Fed Suit Imperils Deal's Many Benefits
UnitedHealth Group and home health and hospice giant Amedisys Inc. responded to the U.S. Department of Justice's merger challenge Friday by telling a Maryland federal judge that the government is taking quotes out of context, focusing on "artificially narrow geographic markets" and misjudging market realities.
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February 10, 2025
PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court
Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.
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February 10, 2025
Judge Wary Of Doctor's Bid To Halt WWE Accuser's Info Hunt
A Connecticut judge on Monday appeared skeptical of a celebrity doctor's bid to end an information request by a woman separately accusing World Wrestling Entertainment and its founder Vince McMahon of sex trafficking, hinting that the doctor probably cannot raise potential federal litigation as a shield against a state trial court discovery probe.
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February 10, 2025
Jazz Pharma Drops Last Defendant From Epidiolex Patent Suit
Jazz Pharmaceuticals Inc. has reached an agreement to dismiss all claims and counterclaims with the last remaining defendant in its consolidated lawsuits over patents covering its epilepsy treatment Epidiolex, according to a filing from the company in New Jersey federal court.
Expert Analysis
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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Managing Community Health Needs Assessments: A Checklist
Excerpt from Practical Guidance
To guide nonprofit hospitals and health systems through their required community health needs assessment every three years, this checklist outlines the steps for 12 phases of the process.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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7th Circ. Rulings Offer Employee Vaccine Exemption Guidance
Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.
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Pa. Health Employers Must Prep For Noncompete Restrictions
Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.
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Opinion
Congress Must Do More To Bolster ERISA Protections
As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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Strategies To Defend Against Healthcare Nuclear Verdicts
The healthcare industry is increasingly the target of megaclaims, particularly those alleging medical malpractice, but attorneys representing providers can use a few tools to push back on flimsy litigation and reduce the likelihood of a nuclear verdict, says LaMar Jost at Wheeler Trigg.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.