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Health
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February 24, 2025
Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud
A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.
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February 24, 2025
Thomas Pans High Court For Skipping Abortion Buffer Zones
The U.S. Supreme Court declined Monday to consider a constitutional challenge to an Illinois city's now-repealed ordinance that created 100-foot speech buffer zones around healthcare facilities providing abortions, shooting down a case aimed at overturning a 20-year-old ruling that such zones don't violate the First Amendment.
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February 24, 2025
Justices Won't Review NJ Town Abortion Buffer Zone Law
A split U.S. Supreme Court said Monday it will not review the Third Circuit's decision to let Englewood, New Jersey, continue enforcing eight-foot "buffer zones" around abortion facilities that protesters are not permitted to enter, in a case brought by an activist who said the zones infringed her free speech.
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February 24, 2025
Supreme Court Won't Revisit Contentious Feres Doctrine
The U.S. Supreme Court on Monday rejected a former Air National Guard reservist's suit seeking damages for a military hospital surgery that left him paralyzed, declining to revisit a doctrine barring injury claims considered "incident to" military service.
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February 21, 2025
Trump Blocked From Implementing Anti-DEI Orders, For Now
A Maryland federal judge on Friday temporarily barred the Trump administration from implementing the bulk of his executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors, ruling that the orders are likely unconstitutionally vague and illegally restrict free speech.
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February 21, 2025
Drugmakers Slam 'Untimely' Claims In Employers' Antitrust Suit
Pharmaceutical companies targeted by sweeping antitrust lawsuits from major employers, including Target, Lowe's and American Airlines, have asked a Pennsylvania federal judge to trim conspiracy claims from a lawsuit accusing them of orchestrating illegal agreements for price-fixing and customer allocation, arguing the allegation was unsupported and untimely.
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February 21, 2025
WebMD Users Secure Class Certification In Video Privacy Suit
WebMD faces a certified class action accusing the health information site of violating federal law by sharing roughly half a million of its users' video-viewing history with Facebook, after a Georgia federal judge rejected some of the website's arguments against certification as "absurd."
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February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says
The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
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February 21, 2025
Watchdog Says DOL Struggles To Enforce Mental Health Law
Workers with mental health conditions and substance use disorders are at higher risk of not receiving treatment or having to pay out of pocket for care that should be covered because of the U.S. Department of Labor's limited ability to enforce federal mental health parity laws, an agency watchdog said Friday.
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February 21, 2025
Judge Questions Trump Administration Fund Freeze Authority
A Rhode Island federal judge on Friday left in place a temporary restraining order blocking a funding freeze by President Donald Trump's administration until the judge can rule on a request by a coalition of states for a preliminary injunction.
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February 21, 2025
Luigi Mangione Says His Rights Are Being Violated In NY Case
An attorney for Luigi Mangione, the man accused of murdering UnitedHealthcare CEO Brian Thompson, told a New York state court judge on Friday that his constitutional rights are being violated in the state case as federal prosecutors are "hanging the death penalty over" his head on related charges.
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February 21, 2025
NFL Alums Accused Of Misusing COVID Outreach Funding
The National Football League's largest alumni organization has been accused by a biotechnology company of trying to misuse Georgia taxpayer dollars intended for a COVID-19 vaccine education program before unlawfully breaking their contract last year.
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February 21, 2025
Pharma Co. Investors Get Final OK For $3M Settlement
Investors in Colorado pharmaceutical company Ampio have gotten final approval for their $3 million deal resolving claims that its leadership mishandled a clinical trial for the company's sole drug candidate and distributed the drug outside the trial for unapproved use, leading to an internal investigation in which two executives were fired and a disclosure that there was "no clinical pathway forward" for the treatment.
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February 21, 2025
Mich. Car Insurance Caps Aren't Retroactive, Judge Rules
Healthcare cost controls enacted as part of a 2019 overhaul of Michigan's auto insurance laws cannot be applied to crash victims injured before the passage of the reforms, a state judge determined on Friday, ruling against the state's insurance regulator.
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February 21, 2025
Wash. Health System Says Nurse Must Arbitrate Wage Claims
A Washington-based healthcare system facing a proposed class and collective wage action in Seattle federal court contends the plaintiff nurse agreed to arbitrate any claims with the third-party staffing agencies he contracted with to work at its facilities.
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February 21, 2025
Alcon Hit With Suit Over Allegedly Contaminated Eye Drops
Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.
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February 21, 2025
UChicago Medical Center Can't Duck Wage Suit
An Illinois federal judge largely allowed a proposed class action brought by UChicago Medical Center workers seeking to recover unpaid wages for the time spent undergoing mandatory, pre-shift COVID-19 screenings to move forward, rejecting the center's argument that the screenings weren't "integral and indispensable" to employees' job duties.
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February 21, 2025
Weight Loss Drug Patient Drops Appeal In Cancer Risk Suit
Days after arguing her case before a skeptical Third Circuit panel, a woman who alleges she suffered financial harm by buying a weight loss drug that purportedly causes cancer — which she said she has not been diagnosed with — has voluntarily dismissed the case.
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February 21, 2025
WilmerHale Corporate Ace Joins DLA Piper In California
DLA Piper has added a former WilmerHale attorney to strengthen its corporate practice, including bolstering its service to clients in the life sciences and healthcare industries.
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February 21, 2025
IRS Offers Guidance On Health Coverage Statements
The Internal Revenue Service released guidance Friday related to alternative methods for employers to provide health insurance coverage statements to employees as part of a larger move to reduce paperwork.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Trump Admin Must Obey Order To Restore Aid, Judge Says
A Washington, D.C., federal judge on Thursday ordered the Trump administration to restore foreign assistance funding in accordance with his temporary restraining order, but stopped short of sanctioning the government officials.
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February 20, 2025
Fla. Jury Awards $1.2M In Botched Hysterectomy Suit
A Florida state court jury has awarded more than $1.2 million in damages to a man whose 78-year-old wife died following a robotic-assisted hysterectomy surgery, finding that a medical doctor and nurse were negligent in the woman's death from sepsis, a blood infection.
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February 20, 2025
Warby Parker Hit With $1.5M Fine After HHS Breach Probe
The U.S. Department of Health and Human Services announced Thursday that it has imposed a $1.5 million fine on Warby Parker Inc. following a cyberattack on the eyewear manufacturer's website that exposed the protected health information of nearly 200,000 customers.
Expert Analysis
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Medicare Overpayment Rules Are A Mixed Bag For Providers
The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.
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Navigating Decentralized Clinical Trials With FDA's Guidance
The U.S. Food and Drug Administration's recently finalized guidance on conducting decentralized clinical trials, while not legally binding, can serve as a road map for sponsors, investigators and others to ensure trial integrity and participant safety, say attorneys at Phillips Lytle.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Incoming Admin May Shake Up Life Sciences Regulation
Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.