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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
Trump Issues Order Calling For Expanded IVF Access
President Donald Trump signed an executive order Tuesday giving his administration 90 days to develop policy recommendations designed to protect access to in vitro fertilization and sharply reduce out-of-pocket costs for IVF treatment.
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February 18, 2025
DEA Skewed Pot Hearings Against Reform, DC Circ. Told
A group of doctors who support easing federal marijuana restrictions told the D.C. Circuit Monday that the U.S. Drug Enforcement Administration stacked the deck against reform when it unilaterally drew up a list of participants allowed to testify at rulemaking hearings.
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February 18, 2025
ER Says 3rd Parties Allow For Accurate Blame In Injury Suit
A Texas emergency room told state high court justices Tuesday that refusing to allow it to designate responsible third parties in a nurse's injury suit would create " a dramatic upheaval" by " not letting us blame who's really at fault" for the woman's back injury.
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February 18, 2025
Trump Trans Order Is Unconstitutional 'End-Run,' Judge Says
A Washington federal judge has further explained her temporary block on President Donald Trump's executive order targeting funding for gender-affirming care for young people, saying the edict threatens a broad swath of congressionally approved research spending and "amounts to an end-run around the separation of powers."
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February 18, 2025
Steward Says Mass. Owes $22M For Withheld Patient Claims
Steward Health Care has sued Massachusetts in Texas bankruptcy court to recover $22 million, which the insolvent hospital operator alleged it is owed for treating low-income patients in Massachusetts after the company filed for Chapter 11 relief.
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February 18, 2025
Feds Strike $29M Deal To Settle FCA Overpayment Claims
Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.
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February 18, 2025
State AGs Can't Yet Block Musk From Accessing Agency Data
A Washington, D.C., federal judge on Tuesday denied a motion from 14 state attorneys general for an emergency order to stop Elon Musk and his Department of Government Efficiency from accessing data systems at seven federal agencies or enacting mass firings of those agencies' employees.
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February 18, 2025
White House Says City Can't Show Harm From Anti-DEI Orders
The Trump administration urged a Maryland federal court Tuesday not to block its executive orders curtailing diversity, equity and inclusion programs, saying the city of Baltimore and other challengers hadn't shown any of their funding has been affected by the orders.
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February 18, 2025
Georgia Justices Revive Defamation Suit Against Atty
An orthopedic surgeon in Georgia will get another chance to prove he was defamed by a defense attorney, after the Supreme Court of Georgia found a state appellate court mistakenly used the well-known "actual malice" standard to toss the case instead of the relevant state law standard.
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February 18, 2025
Healthcare Group Of The Year: Debevoise & Plimpton
Debevoise & Plimpton LLP attorneys advised Clayton Dubilier & Rice LLC in its $8.9 billion acquisition, with TowerBrook, of revenue cycle management firm R1 and resolved a six-year battle involving EmblemHealth and its subsidiary Group Health Inc., earning it a spot among the 2024 Law360 Healthcare Groups of the Year.
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February 18, 2025
Boston Children's Hospital Settles Retirement Plan Fee Suit
Boston Children's Hospital has settled a suit with a proposed class of participants in its $1.1 billion retirement plan who alleged the hospital allowed excessive fees.
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February 17, 2025
Labor Groups Denied Block On DOGE's Agency Access
A Washington, D.C. federal judge again declined to block Elon Musk's Department of Government Efficiency from accessing three federal agencies' data, saying worker and consumer advocates haven't shown that the department's agents don't belong.
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February 14, 2025
FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards
Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.
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February 14, 2025
Digital Health Co. Beats Some Claims In SPAC Investor Suit
A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.
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February 14, 2025
SmileDirectClub Trustee Gets OK To Hire Orrick
The Chapter 7 trustee liquidating SmileDirectClub can hire Orrick Herrington & Sutcliffe LLP as special litigation counsel, a Texas bankruptcy judge said Friday, concluding that Orrick met U.S. Bankruptcy Code requirements, despite him not being notified earlier of Orrick's previous work for the trustee.
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February 14, 2025
Trump Admin To Cut Thousands Of Federal Health Employees
The Trump administration has started to cut thousands of federal healthcare employees, following through on its promises to shrink government and enact mass changes to agencies that oversee the health of millions of Americans.
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February 14, 2025
VA Fires More Than 1,000 As Part Of Trump Cuts
The U.S. Department of Veterans Affairs said it dismissed more than 1,000 probationary employees Thursday, part of a wave of layoffs sweeping across federal agencies as the Trump administration pursues "large-scale" cuts to the government workforce.
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February 14, 2025
CVS Wins Arbitration In Medicare Fee Antitrust Suit
An Arizona federal judge ordered four independent pharmacies to arbitrate their claims accusing CVS of exploiting a Medicare loophole to charge them exorbitant fees, saying several unconscionable provisions in an underlying arbitration clause could be severed.
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February 14, 2025
Mich. Abortion Provider Rule Not Evidence-Based, Judge Told
A professor of midwifery testified Friday that abortions can be safely performed by nondoctor clinicians, on the second day of a trial to determine if certain abortion regulations in Michigan have unconstitutionally limited access to the procedure.
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February 14, 2025
Justices Urged To Curb Feds' Ability To Prosecute Medical Pot
A Maine man accused of running an illicit medical marijuana cultivator has asked the U.S. Supreme Court to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant cannabis operations.
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February 14, 2025
Judge Needs Time To Mull Block On DOGE's Agency Audits
A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.
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February 14, 2025
Drug Costs, State Laws Fuel Push For Fed. Action On PBMs
Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
8 Things Attys Should Know About Conn.'s $55B Budget
Connecticut Gov. Ned Lamont's two-year budget for the years 2026 and 2027 includes drug price limits, an expansion of the state's unfair trade practices act, key changes to hospital ownership laws and slots for 13 new judges.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.