Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.
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THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

PBMs Sue To Block FTC's In-House Insulin Pricing Case

By Matthew Perlman

Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

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Beasley Allen And J&J Tussle Over Atty Sanctions Bid

By Madison Arnold

Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.

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3 States To Challenge Abortion Regs After Docs Drop Claims

By Gianna Ferrarin

Anti-abortion medical groups that were dealt a loss by the U.S. Supreme Court earlier this year have now dropped out of their lawsuit challenging federal approvals for mifepristone, leaving Missouri, Idaho and Kansas to carry on litigation over the abortion medication.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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MVP

MVP: Williams & Connolly's David I. Berl

By Dan McKay

David I. Berl of Williams & Connolly LLP's patent litigation practice helped win a first-of-its-kind trial victory on behalf of Regeneron Pharmaceuticals by employing a novel legal strategy that allowed the biotech giant to quickly adjudicate its patent rights to an eye care medicine, earning him a spot as one of the 2024 Law360 Life Sciences MVPs.

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POLICY & REGULATION

USPTO Unveils Patent Fee Hikes Set To Take Effect In January

By Ryan Davis

The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.

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DEA Accused Of Colluding With Reform Foes In Pot Row

By Sam Reisman

Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.

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LITIGATION

Ex-Pharma CEO Demands Legal Fees For SEC Probe

By Sydney Price

Cancer treatment development company Eagle Pharmaceuticals Inc.'s founder and ex-CEO told Delaware's Chancery Court Wednesday that he is entitled to legal fees he says the company owes him in connection with a U.S. Securities and Exchange Commission probe into the company's accounting practices, saying he continues to incur fees in addition to the $875,000 he has already requested.

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PEOPLE

Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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EXPERT ANALYSIS

How AstraZeneca Ruling Could Change Dosage Patent Claims

If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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COMPANIES IN TODAY'S NEWS

Aetna Inc.

Alliance Defending Freedom

American International Group Inc.

AstraZeneca PLC

Boston University

CVS Health Corp.

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Eagle Pharmaceuticals Inc.

Express Scripts Holding Co.

Johnson & Johnson

Kiteworks USA LLC

LinkedIn Corp.

New York University

Optum Inc.

PG&E Corp.

Pfizer Inc.

Pharmaceutical Research & Manufacturers of America

Planned Parenthood Federation

Princeton University

Regeneron Pharmaceuticals Inc.

Roivant Sciences Ltd.

Smart Approaches to Marijuana

Tesla Inc.

The Cigna Group

The Leadership Conference on Civil & Human Rights

United Therapeutics Corp.

UnitedHealth Group Inc.

Viatris Inc.

Wells Fargo & Co.

LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

Arnall Golden

Beasley Allen

Cooley LLP

Cravath Swaine

Dechert LLP

Foley & Lardner

Gibson Dunn

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hogan Lovells

Husch Blackwell

Jenner & Block

Jones Day

Kilpatrick Townsend

Latham & Watkins

McDermott Will & Emery

Milbank LLP

Moore & Van Allen

Morgan Williamson

NechelesLaw

Otterbourg PC

Paul Hastings

Paul Weiss

Perkins Coie

Porter Hedges

Porter Wright

Ropes & Gray

Rule Garza

Torridon Law

Weil Gotshal

Williams & Connolly

WilmerHale

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Food and Drug Administration

Idaho Attorney General's Office

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Kansas Attorney General's Office

Manhattan District Attorney's Office

Missouri Attorney General's Office

National Labor Relations Board

New York County District Attorney's Office

New York Supreme Court, New York County

Patent Trial and Appeal Board

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the Eastern District of Missouri

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of California

U.S. Drug Enforcement Administration

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Merit Systems Protection Board

U.S. Office Of Special Counsel

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington

United States District Court for the Northern District of West Virginia