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March 26, 2024
In Abortion Case, Gorsuch Frets 'Rash' Of National Injunctions
U.S. Supreme Court Justice Neil Gorsuch renewed his criticisms of nationwide injunctions Tuesday, saying a Texas judge's universal order limiting access to popular abortion medication mifepristone turned a potentially small legal challenge into a national debate.
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March 26, 2024
6 Firms Build $340M SPAC Merger For AI-Driven Medicine Biz
Precision medicine company OmnigenicsAI Corp. on Tuesday announced it and artificial intelligence-enabled preventative medicine company MultiplAI Health Ltd., which it recently agreed to acquire, will go public through a merger with blank-check company APx Acquisition Corp. I in a deal built by six firms, valuing the two businesses at a combined $340 million.
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March 26, 2024
Wash. Appeals Court Reinstates Nurse's Sex Harassment Suit
A trial court jumped the gun when it tossed a lawsuit from a nurse who said a University of Washington-owned air ambulance outfit transferred her after she complained about sexual harassment, a state appeals court ruled, saying a reasonable jury could find in her favor.
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March 26, 2024
Ailing Health Co. Steward Owes Attys $600K, Firm Says
A small Boston law firm that represented Steward Health Care System in a variety of cases says the beleaguered healthcare provider has strung it along with promises to pay fees that now total more than $600,000.
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March 26, 2024
Ex-Veterans Home Leaders Resolve Landmark COVID-19 Case
The former leaders of a Massachusetts veterans facility charged in the first pandemic-related criminal neglect case against a nursing home operator resolved the charges Tuesday with separate statements of admission, acknowledging they could be found guilty if they stood trial.
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March 26, 2024
Nelson Mullins Expands DC Team With DOJ Fraud Atty
Nelson Mullins Riley & Scarborough LLP has hired a nearly nine-year veteran of the U.S. Department of Justice who joins the firm in Washington, D.C., to continue her practice counseling clients on related government investigations.
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March 26, 2024
High Court Wary Of Bid To Limit Abortion Pill Access
The U.S. Supreme Court seemed skeptical Tuesday of efforts by anti-abortion groups to severely limit access to the abortion medication mifepristone, with several justices appearing unconvinced that the groups had the right to sue over the Food and Drug Administration's regulation of the pill.
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March 26, 2024
Workers, Athena Health Seek OK For Meal Break Wage Deal
Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.
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March 26, 2024
McCarter & English Lands Riker Danzig Litigator In NJ
McCarter & English LLP announced Tuesday that it has strengthened its healthcare practice in Newark, New Jersey, with the addition of Khaled "Kay" Klele, a litigator who joined from Riker Danzig LLP.
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March 25, 2024
Former Next Health Exec Sanctioned For Evidence Slipup
A Texas federal judge sanctioned a former executive at the scandal-ridden ancillary services company Next Health, but didn't go so far as to level a case-killing default judgment against him, saying that while the plaintiffs lost access to key data, the executive didn't act with bad faith.
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March 25, 2024
COVID 'Cure' Claims Can't Sustain Fraud Suit, 9th Circ. Rules
A biopharmaceutical company's "enthusiastic" statements to Fox News and others about a potential COVID-19 cure do not amount to fraud and cannot sustain a shareholder lawsuit accusing the company and its top executives of deceiving the market by pretending that a breakthrough was much more consequential than it actually was, the Ninth Circuit ruled on Monday.
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March 25, 2024
J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs
Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.
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March 25, 2024
Amgen Sues Colorado After Drug's 'Unaffordable' Rating
Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.
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March 25, 2024
IHS Fears Budget Cuts Over Tribal Healthcare Funding Case
Federal government attorneys told the U.S. Supreme Court on Monday that Indian Health Services might be forced to cut its budget by 40% if two Native American tribes prevail in their bids to uphold rulings that ordered they be reimbursed millions in administrative healthcare costs.
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March 25, 2024
Fla. Hospital Can't Avoid Suit Over Unexplained Fractures
A Florida appeals court has revived a man's claims against a hospital over unexplained fractures he sustained while unconscious and recovering from a drug overdose, saying he can proceed on a theory that the injuries couldn't have happened without negligence.
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March 25, 2024
What To Watch As Opioid Litigation Goes To Ohio High Court
The Ohio Supreme Court on Tuesday will become only the second state high court to hear oral arguments on whether the opioid epidemic is a public nuisance, the controversial legal theory underpinning numerous suits across the country including a $650 million award that two Ohio counties won against Walmart, CVS and Walgreens.
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March 25, 2024
Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit
A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.
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March 25, 2024
Ga. Judge Slams Attys Over 'Incredible' House Arrest Request
A Georgia federal judge on Monday postponed the sentencing of a cybersecurity contractor convicted of hacking into a hospital's computer systems after tearing into his attorneys over their request for nearly five years of home confinement instead of prison, for which the judge found "no basis."
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March 25, 2024
Texas Co. Hit With COVID Products Ban, $37.6M Fine To FTC
A federal judge has ordered a Houston-area man and his company to pay the FTC nearly $37.6 million, writing that he "took advantage of consumers' desperation" during the COVID-19 pandemic and "consistently misled" customers about his ability to deliver personal protective equipment.
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March 25, 2024
Fla. Pharmacy Says It Was Cut From Federal PrEP Program
A Florida pharmacy says it was abruptly shut out of a federal program that provides free access to preexposure prophylaxis HIV-prevention medication, asking a D.C. federal judge on Monday to force the U.S. Department of Health and Human Services and two contractors to reinstate the pharmacy to the program.
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March 25, 2024
Cannabis Bill Roundup: NY Targets Illicit Pot Sellers
New York lawmakers introduced legislation to punish unlicensed cannabis sellers, Hawaii legislators made modifications to a proposal to legalize recreational marijuana, and a Connecticut bill targeting synthetic cannabinoids was referred to a legislative research office. Here are the major moves in cannabis legislation from the past week.
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March 25, 2024
Paul Weiss-Led AbbVie Inks Up To $212M Deal For Landos Bio
AbbVie Inc., represented by Paul Weiss Rifkind Wharton & Garrison LLP, said Monday it will pay up to $212.5 million for Cooley LLP-led Landos Biopharma Inc., a clinical-stage biopharmaceutical company developing treatments for autoimmune diseases.
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March 25, 2024
Mich. Defense Bar Wants To Block Lost-Earnings 'Windfall'
An organization representing Michigan civil defense attorneys has pushed the state's Supreme Court to hold that a deceased person's future earning capacity cannot be recovered in a wrongful death lawsuit, saying the plaintiffs bar is using a recent decision to double-dip on damages.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
Expert Analysis
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Consider Immigration Issues When Hiring Int'l Medical Grads
As health systems across the U.S. struggle to meet patient demand, recruiting international medical graduates can help alleviate some strain, although sorting through the requisite visa processes may require some extra legwork depending on the qualifications of both the graduate and the employer, say Nora Katz and Vinh Duong at Holland & Knight.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Healthcare Timelines Set By Biden's AI Order
President Joe Biden's artificial intelligence executive order establishes standards for using AI in the healthcare industry, including a number of staggered deadlines that should help coordinate a more unified federal approach to AI governance, say attorneys at Holland & Knight.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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FDA's Lab-Developed Test Rule May Bring Historic Challenges
If finalized, the U.S. Food and Drug Administration's proposed rule for regulating laboratory-developed tests will provoke some of the most interesting legal challenges that the agency has faced in decades, with outcomes that will likely reverberate across the agency's product centers, says Stacy Amin at MoFo.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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Beware Privacy Risks In Training AI Models With Health Data
Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.
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Unpacking GAO's FY 2023 Bid Protest Report
The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.