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October 24, 2024
IP Forecast: Inhibrx Co-Founder Faces Biotech Secrets Trial
A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a biotech executive of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 24, 2024
AMA Latest To Sue MultiPlan Over Out-of-Network Pricing
The American Medical Association and the Illinois State Medical Society are the latest to accuse MultiPlan and the nation's largest health insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers, alleging in Illinois federal court Thursday that the "far-reaching and unlawful cartel" inhibits its members from offering critical care.
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October 24, 2024
7th Circ. Doubts Satanic Temple Can Wage Abortion Fight
A Seventh Circuit panel appeared skeptical Thursday that the Satanic Temple had standing to challenge Indiana's near-complete abortion ban, with questioning turning contentious when one judge pointed out that the religious organization would be blocked from providing abortion drugs through telehealth appointments even without the law.
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October 24, 2024
Judges Doubt 'Troublesome' Comments Warrant New Trial
Washington appellate judges appeared skeptical Thursday that a handful of comments could've triggered jury bias and tainted the trial of a Palestinian woman's medical malpractice case, though one judge called it "troublesome" that defense counsel told jurors the accused doctor was "from this part of the world."
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October 24, 2024
'Will Of The People' Upheld With Ohio Abortion Ban Quashed
An Ohio state court judge on Thursday permanently blocked the state's "heartbeat law" that prohibited abortion around six weeks of pregnancy, citing a 2023 ballot measure that enshrined the right to an abortion in the state constitution.
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October 24, 2024
PBMs Want Separate FTC Hearings Over Insulin Prices
Caremark Rx LLC, Express Scripts Inc. and OptumRx Inc. are calling for separate proceedings in the Federal Trade Commission's case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes.
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October 24, 2024
Dems Urge HHS To Better Protect Wheelchair Users From PE
A pair of Democratic senators is pressing the U.S. Department of Health and Human Services to do more to protect the approximately 5.5 million wheelchair users in the country from private equity "abuses."
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October 24, 2024
Co-Worker's Affair With Father Made Work Hostile, Suit Says
A former employee of a healthcare research company has said she was forced to resign from her job after a co-worker developed an "unhealthy obsession" with her father, making sexual comments about him and engaging in a torrid affair while he participated in one of the company's clinical trials.
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October 24, 2024
Brach Eichler Healthcare Leader Jumps To Pullman & Comley
The vice chair of Brach Eichler LLC's healthcare practice has joined Pullman & Comley LLC as a partner based in the firm's Westport, Connecticut, office.
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October 24, 2024
Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute
The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.
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October 24, 2024
ITC Bans Foreign Counterfeit Tourniquets
The U.S. International Trade Commission banned foreign counterfeits of a tourniquet used by the U.S. military, finding that a broad exclusion order was necessary to protect the domestic manufacturers' intellectual property.
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October 24, 2024
Cigna, Frontier Renew Stalled Merger Bids, Plus Other Rumors
Cigna Group and Frontier Airlines have both restarted once-stalled bids to acquire smaller rivals, rekindling merger rumors spanning the healthcare and airlines industries, while Sports Illustrated's secondary ticket platform wants to borrow up to $50 million to acquire competitor Anytickets. Here, Law360 breaks down these and other notable deal rumors from the past week.
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October 24, 2024
Mass. Justices Reject Meta, Google 'Wiretap' Claims
Massachusetts' highest court on Thursday found that website operators' use of tracking software like Meta Pixel and Google Analytics does not violate the state's wiretap law, drawing a sharp dissent from one justice who said the legislature will now need to "correct" the court's mistake.
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October 23, 2024
TriZetto Gets New Damages Trial After Ax Of $200M Awards
A New York federal judge Wednesday agreed to hold a new damages trial in Cognizant affiliate TriZetto's trade secret misappropriation and copyright infringement dispute with Syntel, a development that comes after the judge wiped out $200 million in damages awards in favor of TriZetto earlier this year.
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October 23, 2024
Court Denies Fees In 'Objectively Specious' Trade Secrets Suit
A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."
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October 23, 2024
No Xenophobia Taint In Fired Prof's Jury Trial, Panel Says
An Ohio state appellate court has upheld a jury's finding that a Cincinnati medical center did not violate employment law when it fired a tenured associate professor, rejecting the professor's argument that the medical center attempted to stoke "xenophobic bias" in the jury by mentioning his Chinese heritage during trial.
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October 23, 2024
3 Things To Know About Proposed OTC Contraception Regs
The Biden administration's proposal to require private health insurers to pick up the cost of over-the-counter contraception could increase access for an estimated 52 million women. Here are three things to know about the newly proposed regulations.
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October 23, 2024
Full 9th Circ. Passes On SF Nurses' Salary Basis Case
The full Ninth Circuit said Wednesday it won't reconsider a panel's ruling that it wasn't clear whether a group of San Francisco city nurses in two consolidated cases were paid on a salary basis and could therefore be considered overtime-exempt.
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October 23, 2024
Wash. Health System Says HHS Let J&J 'Abuse' 340B Program
A Washington safety net provider claims in a new suit that the federal government let Johnson & Johnson abuse the 340B drug discount program by allowing the manufacturer to pursue an "overbroad" and "intrusive" audit of the provider's drug purchases.
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October 23, 2024
ICE, Nonprofits End FOIA Row Over Alleged Sterilization Docs
Three nonprofits dismissed their Freedom of Information Act lawsuit against U.S. Immigration and Customs Enforcement seeking records related to unnecessary and "nonconsensual" gynecological procedures performed on immigrant detainees at an ICE detention center in Georgia, according to a notice filed Wednesday in D.C. federal court.
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October 23, 2024
NC Justices Scrutinize Scope Of Liability Shield In COVID Law
An attorney for a doctor accused of medical malpractice faced sharp questioning Wednesday as North Carolina justices pushed him to define how much protection from liability was granted by an emergency law enacted to safeguard the state's healthcare providers during the COVID-19 pandemic.
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October 23, 2024
Russian Asylum Seeker Says ICE Is Unlawfully Detaining Her
A disabled Russian asylum seeker hauled U.S. Immigration and Customs Enforcement into Louisiana federal court, alleging the agency repeatedly refused to release her based on a cursory conclusion that she was a flight risk despite barely being able to walk.
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October 23, 2024
Insurers Slam Mich. No-Fault Ruling As 'Judicial Activism'
A trade group representing Michigan insurers said an appellate court ruling in a medical provider's suit over nonpayment of auto insurance benefits could encourage gamesmanship in no-fault insurance litigation, in a friend-of-the-court brief filed on Tuesday with the state's top court.
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October 23, 2024
Legal Doctrine Can't Revive Med Mal Case, Ga. Panel Says
The Georgia Court of Appeals has affirmed the dismissal of a suit alleging a doctor's failure to discontinue a cancer patient's steroid prescription caused him to suffer ailments related to long-term steroid use, saying the time-barred suit can't be saved by the so-called continuous treatment doctrine.
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October 23, 2024
Judge Says Ex-Steward Hospital Nurse Row Out Of His Hands
A Texas bankruptcy judge Wednesday declined to order the new owner of former Steward Health Care hospitals in Massachusetts to take back changes to nurses' union contracts it assumed under his sale order, saying it wasn't up to him to make the call.
Expert Analysis
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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5 Critical Factors Driving Settlement Values In Cyber Litigation
Recent ransomware incidents and their legal repercussions offer five valuable insights into the determinants of settlement values in cyberattack-related litigation, and understanding these trends and their implications can better prepare organizations for the potential legal fallout from future breaches, says Peter Kamminga at JAMS.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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High Court's Abortion Pill Ruling Shuts Out Future Challenges
The U.S. Supreme Court's unanimous ruling in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine maintains the status quo for mifepristone access and rejects the plaintiffs' standing theories so thoroughly that future challenges from states or other plaintiffs are unlikely to be viable, say Jaime Santos and Annaka Nava at Goodwin.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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PBM Takeaways From Proposed Telehealth Flexibility Bill
The U.S. House of Representatives' proposal to extend certain telehealth flexibilities signals a robust commitment to expanding telehealth access, though its plan to offset additional expenses through pharmacy benefit manager reform could lead to some industry consolidation, say attorneys at Mintz.
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A Plaintiffs-Side Approach To Cochlear Implant Cases
As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.
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Inside Antitrust Agencies' Rollup And Serial Acquisition Moves
The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.