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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 20, 2025
Trump, Musk Sued By Nonprofits Over DOGE Transparency
Public Citizen and other nonprofits hit the Trump administration with multiple lawsuits seeking to shut down the new Department of Government Efficiency in D.C. federal court Monday, alleging the Elon Musk-led advisory committee targeting government waste lacks requisite transparency guardrails to prevent DOGE from solely advancing private interests.
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January 17, 2025
Ill. Court Upholds $6M Award In Fatal Opioid Overdose Suit
An Illinois state appeals court has affirmed a $6 million verdict in a suit accusing a physician of causing the death of a patient by negligently prescribing opioids despite signs of abuse, saying the verdict was supported by substantial testimony from medical experts.
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January 17, 2025
Unified Care Services To Pay $18M To Settle PPP Case
Skilled nursing chain Unified Care Services LLC and its owner have agreed to shell out $18 million to put to rest a whistleblower suit alleging the California-based company and its affiliates knowingly included false information on Paycheck Protection Program loan applications, according to an announcement made Friday.
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January 17, 2025
Walgreens Knowingly Filled Invalid Prescriptions, Feds Say
The U.S. Department of Justice has accused Walgreens of knowingly filling millions of prescriptions for opioids and other controlled substances that did not have a legitimate medical purpose or were not valid, intervening in cases brought by four whistleblowers in Illinois federal court.
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January 17, 2025
Bayer, J&J Minimized Drug Reaction Data, 3rd Circ. Told
A doctor urged the Third Circuit on Friday to revive his whistleblower suit against Bayer Corp. and Johnson & Johnson, arguing that the drugmakers' regulatory approval applications played down the side effects of the antibiotics Cipro and Levaquin.
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January 17, 2025
MultiPlan Wants Antitrust Claims Over Pricing Tools Tossed
MultiPlan and several major insurance companies urged an Illinois federal court to toss claims that they schemed to fix reimbursement rates, saying the pricing tools at issue do not hurt the healthcare providers that are bringing the case.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
Walgreens Can't Hold Great-Grandson To Decade-Old TM Deal
A federal judge in Illinois has found that Charles Walgreen didn't break the terms of a deal he made a decade ago to not compete with the retail and pharmacy giant that his great-grandfather founded, which is now suing him over his commercial use of his last name.
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January 17, 2025
PE Firm Resolves FTC's Antitrust Anesthesia Roll-Up Case
Private equity firm Welsh Carson Anderson & Stowe agreed to limit its involvement, entanglement and ownership rights with its portfolio company U.S. Anesthesia Partners Inc. to resolve allegations they engaged in a "roll-up" scheme to buy anesthesiology practices in Texas and drive up costs, the Federal Trade Commission said Friday.
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January 17, 2025
DEA Judge Kicks Pot Rescheduling Back To Administrator
The Drug Enforcement Administration judge who paused hearings on a proposal to loosen federal restrictions on marijuana has kicked the matter back to the agency's administrator after reformers said the DEA stacked the deck against changing pot's status.
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January 17, 2025
Trade Group Sues To Stop Federal Mental Health Parity Regs
A benefits-focused employer trade group sued the U.S. Department of Labor and other federal agencies in D.C. federal court Friday, seeking to block recently finalized mental health parity regulations the group alleges are unconstitutional and violate administrative procedure laws.
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January 17, 2025
Hospice Compliance Program Uses Faulty Data, Providers Say
A Biden administration regulation that resulted in a list of hospice providers who fail to meet certain standards erroneously includes high-performing facilities because of its flawed algorithm, a group of hospice facilities in multiple states alleged.
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January 17, 2025
3rd Circ. Vexed By Remedies For Defunct Vax Mandate
The Third Circuit wrestled Friday with how it could remedy injuries claimed to be suffered by nurses who lost their jobs for not complying with New Jersey Gov. Phil Murphy's vaccine mandate for healthcare workers, asking what order it could give about something that is no longer in effect and about jobs they no longer have.
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January 17, 2025
DOL Says Mental Health Parity Law Compliance Still Lacking
The U.S. Department of Labor and two other agencies said Friday that many employer health plans are still falling short of full compliance with a federal law requiring that mental health and substance use disorder treatment be covered comparably to physical healthcare.
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January 17, 2025
Ex-Conn. State Employee Accused In $1.9M Medicaid Scam
A former employee of Connecticut's Office of Policy and Management is one of two people charged by federal authorities with defrauding the state Medicaid program out of nearly $1.9 million by submitting false claims for services for children with autism, the U.S. attorney's office said Friday.
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January 17, 2025
Duke U. Strikes Deal In Female Scientist's Pay Bias Suit
Duke University and a female scientist have brokered an agreement to end her suit claiming she was paid less than her male counterparts and was threatened with demotions after complaining about it, according to a Friday filing in North Carolina federal court.
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January 17, 2025
4 Battles Over Gender-Affirming Care To Watch In 2025
The U.S. Supreme Court will rule on the federal government's challenge to Tennessee's ban on gender-affirming care for minors, and the Eleventh Circuit is considering a bid to upend federal rules extending the Affordable Care Act's nondiscrimination protections to transgender patients. Here, Law360 looks at four cases that could have ramifications for benefits law in 2025.
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January 17, 2025
Minn. Senate Bill Would Repeal Healthcare Provider Taxes
Minnesota would eliminate its 1.8% tax on various healthcare providers and services under legislation introduced in the state Senate.
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January 17, 2025
Taxation With Representation: Simpson Thacher, Covington
In this week's Taxation With Representation, Eli Lilly and Co. buys a precision breast cancer program, Applied Digital Corp. enters a financing agreement for its high-performance computing business, Clearwater Analytics buys Enfusion, and Lantheus Holdings Inc. buys Life Molecular Imaging Ltd.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 16, 2025
Texas Judge Says 3 States Can Pursue Mifepristone Suit
A Texas federal judge said Thursday that Idaho, Missouri and Kansas can continue to challenge federal approvals for the abortion medication mifepristone in Texas federal court after private plaintiffs dropped their claims.
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January 16, 2025
EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal
Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.
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January 16, 2025
NC Gov. Boosts Abortion Safeguards Amid 'Alarming Attacks'
North Carolina's newly minted Gov. Josh Stein on Thursday in one of his first official acts rolled out an executive order that shores up abortion protections in the Tar Heel state, joining the ranks of other Democratic politicians seeking to cement progressive priorities ahead of a second Trump administration.
Expert Analysis
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What 2024 Tells Us About Calif. Health Transaction Reviews
Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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Updated HIPAA Rule Is A Necessary Step For Data Protection
The U.S. Department of Health and Human Services' updated rules addressing cybersecurity threats in healthcare will necessitate significant investment in technology, training and compliance infrastructure, but are an essential evolution in safeguarding data in an increasingly digital world, say attorneys at Clark Hill.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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The OIG Report: Preparing For Oversight In 2025
Across sectors, Office of Inspector General work plans and challenge reports for 2025 provide a trove of information on the issues and industries that will likely be the focus of government oversight in the year to come, says Diana Shaw at Wiley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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How New Fraud Enforcement Tool Affects Gov't Contractors
Government contractors will likely face greater scrutiny under the recently enacted Administrative False Claims Act, which broadens federal agencies' authority to pursue low-dollar fraud claims, but contractors may also find the act makes settlement of such claims easier to negotiate, say attorneys at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.