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Health
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October 17, 2025
NJ Parents Keep Fighting State Over Storage Of Babies' DNA
Across the U.S., health departments draw small blood samples from newborns' heels to test for metabolic and genetic disorders. After a new mother discovered that New Jersey police had used DNA extracted from such samples in criminal investigations, she signed on as plaintiff in a suit that says parents have a right to refuse these blood draws.
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October 17, 2025
3rd Circ. Says No Duty To Inform Criminal Clients Of Liability
The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.
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October 17, 2025
NM Medical Cannabis Co. Tells Tax Court 280E Does Not Apply
A New Mexico medical marijuana company said Friday that a federal policy barring cannabis enterprises from taking ordinary business deductions should not apply, and the company is entitled to a refund for overpayment.
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October 17, 2025
Plasma Co. Worker Exams Shirk Genetic Privacy, Suit Says
A global plasma collection company violated Illinois' genetic privacy law by asking job applicants for their family medical histories in preemployment physical exams, a former worker told a federal court in a proposed class action alleging the company used the information to guide employment decisions.
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October 17, 2025
Idaho Asks Justices To Reject Mootness In Trans Ban Case
The state of Idaho has again encouraged the U.S. Supreme Court to proceed with its review of whether the state's ban on transgender women in sports is unconstitutional after a lower court earlier this week rejected the plaintiff's efforts to voluntarily dismiss the suit.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Latham To Bring On 3 Restructuring Pros From Ropes & Gray
Latham & Watkins LLP announced Friday that it will be adding three restructuring partners from Ropes & Gray LLP, including one who steered that firm's business restructuring practice.
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October 17, 2025
Boston Scientific Buying Rest Of Pain Therapy Biz For $533M
Boston Scientific Corp. said on Friday it will buy the remaining stake in Nalu Medical Inc. it does not already own for about $533 million, strengthening its position in neuromodulation therapies for chronic pain.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 17, 2025
Feds Say Housing Activist Used Homeless For Medicaid Fraud
Federal prosecutors in North Carolina have accused a Charlotte housing advocate of using the Medicaid beneficiary numbers of unhoused individuals to orchestrate a multimillion-dollar fraud on the government, court records show.
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October 17, 2025
DaVita, Fresenius Seek Dismissal Of Dialysis Price-Fix Suit
The nation's two biggest dialysis providers are looking to get a price-fixing class action accusing them of carving up geographic markets tossed, telling a Colorado federal judge that similar pricing is a natural competitive outcome in a highly concentrated market like that for dialysis, not evidence of a conspiracy.
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October 17, 2025
Fired K-9 Officer Drops Bias Suit Against Mich. Hospital
A former K-9 security officer for a Michigan hospital agreed to drop her claims that she was fired after disclosing that she was in a same-sex relationship and asking for back pay earned while caring for the dog, according to a Friday order.
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October 16, 2025
Trump Unveils IVF Drug Pricing Deal: 'We Want More Babies'
President Donald Trump on Thursday unveiled two initiatives he said were designed to enhance the accessibility and affordability of in vitro fertilization.
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October 16, 2025
Calif. Hospitals Sue Over New Healthcare Cost Increase Caps
The California Hospital Association hit the state's Office of Health Care Affordability and others with a lawsuit Wednesday, claiming they violated state law with new rules that aim to limit increases in consumer health care costs by curbing hospital spending.
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October 16, 2025
US Chamber Sues To Block Trump's $100,000 H-1B Visa Fee
The U.S. Chamber of Commerce sued the Trump administration on Thursday to block a planned increase in the cost of highly coveted H-1B visas, saying the proposed $100,000 fee would have a "devastating effect" on American businesses, particularly those in the tech, healthcare, higher education and manufacturing sectors.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
Generics Makers Urge 3rd Circ. To Nix Price-Fixing Classes
Actavis and Mylan have urged the Third Circuit to reverse the certification of two classes of buyers for a pair of medications in the sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.
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October 16, 2025
6 Firms To Lead Aflac Data Breach Suit In Georgia
A Georgia federal judge said Wednesday he's tapping six attorneys from as many firms to lead a proposed class action that was consolidated this summer out of nearly two dozen suits filed over an alleged data breach at Aflac Inc.
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October 16, 2025
Fla. Hospital Seeks To Slash $70M Verdict, Cites Medicaid Cap
Tampa General Hospital is asking a Florida state court to slash more than $50 million from a $70 million award to a 42-year-old woman whose stroke went undiagnosed at the hospital, arguing that state law caps noneconomic damages awards for Medicaid recipients.
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October 16, 2025
Bankrupt Rite Aid Trust Sues Walgreens Over Opioid Costs
A trustee for Rite Aid Corp.'s bankruptcy estate has sued Walgreens Boots Alliance Inc. and a subsidiary, Walgreen Co., in Delaware Chancery Court, accusing the pharmacy giant of failing to cover tens of millions of dollars in opioid epidemic-related litigation costs that it had agreed to cover.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
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October 16, 2025
Bavarian Nordic Gets Sweetened $3.1B Bid But Hurdles Linger
Danish vaccine biotech Bavarian Nordic on Thursday urged shareholders to accept a sweetened, roughly $3.1 billion buyout bid from a group of private equity firms, but the shareholder acceptances required for a deal to proceed remain well short of the 75% minimum.
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October 15, 2025
Fla. Medical Clinic Settles Patient Data Breach Row For $10M
A Florida federal judge has given initial approval to a $10 million settlement to resolve a proposed class action accusing Watson Clinic LLP of failing to adequately protect current and former patients' medical imaging records, financial account information and other personal data that was swept up in a 2024 data breach.
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October 15, 2025
Texas Appeals Court Pushes Cigna On Payments To Hospitals
A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.
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October 15, 2025
Judge Won't Block Mich. Medicaid Mental Health Restructure
A Michigan state judge has ruled that the Great Lakes State has the authority to competitively bid and restructure the geographic territory of prepaid inpatient health plans that manage mental health care for the state's Medicaid beneficiaries.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Handling Revenue Cycle Management Disputes In The AI Age
As healthcare providers and revenue cycle management vendors face an increasing use of artificial intelligence in claims adjudication, it's important for providers and their general counsel to plan in advance for potential disagreements with vendors and investigate the root causes behind any underperformance that arises, say consultants at AlixPartners.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Prepare For Increased FDA Inspections Of Foreign Facilities
In light of the U.S. Food and Drug Administration's recently announced plans to expand use of unannounced inspections of foreign drug manufacturing factories, foreign firms should implement best practices in anticipation of an imminent increase in enforcement activity, say attorneys at McGuireWoods.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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How Medical Practices Can Improve Privacy Compliance
In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.
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Recent Reports Shed Light On Section 340B's Effectiveness
Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.