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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
Minn. Justices Prod Humana On Pharmacy Benefit Sourcing
Minnesota Supreme Court justices appeared skeptical Monday of a Humana subsidiary's arguments that sales of pharmacy benefit services attributed to the state should be sourced to a Humana unit based in Wisconsin.
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June 02, 2025
Judge Out Of Line In Undoing $1M LSD Verdict, 5th Circ. Told
A man who became a quadriplegic after ingesting LSD told the Fifth Circuit that a Houston judge didn't have the authority to undo a jury's decision putting an insurance company on the hook for his $1 million injury settlement.
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June 02, 2025
Allergan Entities Get Booted From Botox Patent Suit In Del.
A Delaware federal judge has dismissed a pair of Allergan units from a suit alleging two biotechnology companies infringed patents related to Botox products, finding one unit had not shown it was actually the exclusive licensee to the disputed patents, while another agreed to be dismissed.
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June 02, 2025
Conn. Hospital's $8.3M Bonus Claims Fail, State Says
Connecticut Children's Medical Center Inc. has not provided a sufficient legal basis to pursue two of three claims in a lawsuit alleging that it should have received an $8.3 million performance-based bonus for 2022, the state Department of Social Services said in a motion seeking to nix the counts.
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June 02, 2025
Foley & Lardner Opens In Nashville With 3 Holland & Knight Attys
Foley & Lardner LLP has chosen Nashville as the location for its 27th office worldwide, bringing on three attorneys who had been at Holland & Knight LLP to work on regulatory, tax and transactional matters, the firm announced Monday.
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June 02, 2025
KKR Plugs $600M Into Indian Medical Conglomerate
Private equity giant KKR on Monday announced that it has invested $600 million into Indian medical conglomerate Manipal Education and Medical Group.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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May 30, 2025
Bird Marella's Sanctions Win Upheld In $2.25M Fraud Dispute
A California appellate panel has affirmed Bird Marella's terminating sanctions win against Frontline Medical Associates, holding that a state judge did not abuse her discretion by finding Frontline committed fraud on the court in its suit alleging the firm tricked it into paying $2.25 million for legal services for one of the firm's clients.
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May 30, 2025
Pharma Co. Hid Cancer Study Method Problems, Investor Claims
Biotechnology company UroGen Pharma Ltd. and three current and former executives are facing a proposed investor class action in New Jersey federal court alleging the company failed to disclose methodology flaws affecting a study of its lead drug candidate that ultimately doomed its bid for U.S. Food and Drug Administration approval.
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May 30, 2025
$5.2M Generic Drug Price-Fixing MDL Deal Gets Final OK
Apotex Corp. will be paying $5.2 million to settle claims from a class of indirect purchasers alleging the drugmaker was working with other pharmaceutical companies to hike up the price of certain generic medications.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Wash. High Court Relaxes Standard For Worker Illness Suits
Washington's highest court has lowered the bar for employees to sue over work-related illnesses, finding that in cases of latent diseases such as mesothelioma, a worker has a valid claim if they show their employer was "virtually certain" that the malady would develop.
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May 30, 2025
Fed Circ. Weighs In On Veterans Court Review Standard
The Federal Circuit on Friday issued a precedential opinion backing the U.S. Court of Appeals for Veterans Claims' use of a questions of law analysis, rather than a standard requiring its own review of the facts in a disability evaluation case.
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May 30, 2025
5th Circ. To Rehear No Surprises Act Ruling En Banc
The full Fifth Circuit agreed Friday to reconsider a dispute over provisions for calculating qualifying payments under the 2020 No Surprises Act.
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May 30, 2025
Iowa Supreme Court Reinstates $3.2M Med Mal Verdict
The Iowa Supreme Court on Friday reinstated a jury's $3.25 million verdict in a suit accusing a physician of failing to properly repair an incision made to assist a patient's childbirth that caused injuries, saying a lower court wrongly deemed certain expert testimony deficient.
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May 30, 2025
Pa. Justices Back Hospital Tax Break Despite High Salaries
The corporate structure and high executive pay at a Montgomery County, Pennsylvania, hospital were not reason enough to take away its nonprofit, tax-exempt status, the state Supreme Court ruled Friday.
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May 30, 2025
Judge OKs Steward Lender Deal, Ch. 11 Plan Vote
A Texas bankruptcy judge on Friday sent Steward Health Care's Chapter 11 plan out for a creditor vote and approved a settlement between the hospital chain and its secured lenders, saying the deal is the only way any other creditors will see a dime.
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May 30, 2025
Generic-Drug Makers Near Exit From Depo-Provera MDL
Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.
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May 30, 2025
Former Pfizer Atty, Motley Rice Adviser Joins DiCello Levitt
A former Pfizer vice president and assistant general counsel, who last June entered into a consulting agreement with Motley Rice LLC, is joining DiCello Levitt as a partner as part of the firm's Washington, D.C., public client practice group, the firm recently announced.
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May 30, 2025
Mich. Workers Get Final OK For Boot-Up Suit Settlement
A Michigan federal court greenlighted an $86,000 settlement resolving an insurance specialist's collective action accusing a home healthcare company of failing to pay employees for the time they spent booting up their computers.
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May 30, 2025
Temple U., Cancer Center Can't Dodge Prof's Sex Bias Claims
Temple University and its cancer research center can't shut down the bulk of a researcher's suit claiming her supervisor refused to support her after she complained about his unwanted advances, a Pennsylvania federal judge ruled, finding she plausibly alleged harassment interfered with her job.
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May 30, 2025
Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt
Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.
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May 30, 2025
Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case
A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.
Expert Analysis
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Gauging Professional Sport Biometric Data Privacy Concerns
In today's data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations, but this growing reliance on highly sensitive data raises significant legal and privacy concerns, particularly in light of evolving biometric privacy laws, say attorneys at Foley & Lardner.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Opinion
New Hospice Regulations Should Enforce Core Principles
As the U.S. Department of Health and Human Services' Office of Inspector General prepares to research and expand on oversight of Medicare hospice care, the OIG should keep in mind certain core principles, such as an emphasis on preventing the entry of hospices that raise red flags, says Bill Dombi at Arnall Golden.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.